Abstract

http://ssrn.com/abstract=1929566
 


 



An Offer She Can't Refuse: When Fundamental Rights and Conditions on Government Benefits Collide


Marie A. Failinger


Hamline University - School of Law

January 1, 1986

Villanova Law Review, Vol. 31, p. 833, 1986

Abstract:     
This article criticizes the Maher/Harris conditions doctrine on two levels. At the first level, it suggests that the Maher/Harris doctrine cannot justify the Court’s decisions to uphold government withdrawals of funding from rights-exercises. At the second level, after exposing and contrasting the definitional presuppositions of the Court in Maher and Harris with previous cases, the article suggests that the Maher/Harris doctrine is a failure because it uses utterly inadequate rights theory to resolve emerging issues of conflicting human need and conscience, issues which are mediated by government action. The author creates a space for a discussion of a new framework for adjudicating the role of government when it acts as intervenor among citizens through public benefits choices.

Number of Pages in PDF File: 97

Keywords: Counter-ethic of responsibility, rights, government benefits, Maher/Harris, withholding benefits, public benefits

Accepted Paper Series


Download This Paper

Date posted: November 5, 2011  

Suggested Citation

Failinger, Marie A., An Offer She Can't Refuse: When Fundamental Rights and Conditions on Government Benefits Collide (January 1, 1986). Villanova Law Review, Vol. 31, p. 833, 1986. Available at SSRN: http://ssrn.com/abstract=1929566

Contact Information

Marie A. Failinger (Contact Author)
Hamline University - School of Law ( email )
1536 Hewitt Avenue
Saint Paul, MN 55104-1237
United States
(651) 523-2124 (Phone)
(651) 523-2236 (Fax)
Feedback to SSRN


Paper statistics
Abstract Views: 103
Downloads: 5

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo7 in 0.218 seconds