Karen Tani

University of Pennsylvania

Philadelphia, PA 19104

United States

SCHOLARLY PAPERS

20

DOWNLOADS

3,228

SSRN CITATIONS

7

CROSSREF CITATIONS

2

Ideas:
“  I'm currently working on the history of disability law in the late twentieth century, including its implications for federalism, disability-based political organizing, rights claiming, and concepts of citizenship.  ”

Scholarly Papers (20)

1.

The Disability Docket

American University Law Review, Vol. 72, 2023, U of Penn Law School, Public Law Research Paper No. 23-26
Number of pages: 64 Posted: 21 Jul 2023 Last Revised: 02 Aug 2023
University of Pennsylvania Carey Law School, University of Pennsylvania and The Arc
Downloads 363 (152,600)

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Supreme Court, Constitutional Law, Disability Rights, Disability Law, Civil Rights, Remedies, Reproductive Rights, Social Welfare, Public Benefits, Antidiscrimination, Inequality

2.

Welfare and Rights before the Movement: Rights as a Language of the State

Yale Law Journal, Vol. 122, no. 2 (Nov. 2012)
Number of pages: 70 Posted: 10 Oct 2012 Last Revised: 20 Nov 2012
Karen Tani
University of Pennsylvania
Downloads 346 (160,755)
Citation 3

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legal history, U.S. history, cooperative federalism, rights language, welfare, Social Security Act, public benefits, New Deal, administrative state, welfare rights, poverty law

3.

The Pennhurst Doctrines and the Lost Disability History of the 'New Federalism'

California Law Review, Volume 110 (2022)., U of Penn Law School, Public Law Research Paper No. 23-05
Number of pages: 64 Posted: 18 May 2022 Last Revised: 23 Feb 2023
Karen Tani
University of Pennsylvania
Downloads 311 (180,052)
Citation 1

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federalism, disability, disability history, disability law, disability rights, legal history, constitutional law, constitutional history, deinstitutionalization, eleventh amendment, sovereign immunity, federal grants, conservative legal movement, federal courts

4.

Introduction to States of Dependency: Welfare, Rights, and American Governance, 1935-1972

States of Dependency: Welfare, Rights, and American Governance, 1935-1972 (Cambridge University Press, March 2016), UC Berkeley Public Law Research Paper No. 2754189
Number of pages: 40 Posted: 26 Mar 2016
Karen Tani
University of Pennsylvania
Downloads 294 (191,152)
Citation 4

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welfare, federalism, legal history, the state, poverty, poverty law, New Deal, localism, state government, social work, rights, welfare rights, administrative law, Social Security Act, social welfare, citizenship, equal protection, due process, fair hearing, grants-in-aid, legal profession

5.

The Disability Frame

University of Pennsylvania Law Review, Vol. 170, no. 7 (2022), U of Penn Law School, Public Law Research Paper No. 22-44
Number of pages: 25 Posted: 21 Dec 2022 Last Revised: 13 Jan 2023
Jasmine Harris and Karen Tani
University of Pennsylvania Carey Law School and University of Pennsylvania
Downloads 262 (214,879)

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disability, disability law, disability justice, health law, civil rights, reproductive rights, social welfare, public benefits

6.

Administrative Equal Protection: Federalism, the Fourteenth Amendment, and the Rights of the Poor

Cornell Law Review, Vol. 100, No. 4, 2015
Number of pages: 74 Posted: 14 Mar 2015
Karen Tani
University of Pennsylvania
Downloads 227 (247,194)
Citation 1

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Fourteenth Amendment, Equal Protection, Administrative Law, Administrative Constitutionalism, Poverty Law, Federalism, Cooperative Federalism, Welfare, Grants-in-Aid, Social Security Act, welfare state, welfare rights, civil rights, New Deal, Legal history

7.

After 504: Training the Citizen-Enforcers of Disability Rights

Disability Studies Quarterly, Vol. 42, no. 3-4 (2023)., U of Penn Law School, Public Law Research Paper No. 23-10
Number of pages: 48 Posted: 11 Jan 2023 Last Revised: 15 Jun 2023
Karen Tani
University of Pennsylvania
Downloads 204 (273,085)

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disability law, disability rights, civil rights, disability history, legal history, political history, administrative law, public law, rights, antidiscrimination

8.

Administrative Constitutionalism at the 'Borders of Belonging': Drawing on History to Expand the Archive and Change the Lens

University of Pennsylvania Law Review, Vol. 168, 2019
Number of pages: 38 Posted: 20 Aug 2019
Karen Tani
University of Pennsylvania
Downloads 182 (302,554)
Citation 1

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Adminsitrative constitutionalism, adminsitrative law, legal history, constitutional history, Reconstruction, Freedmen's Bureau, Immigration, Thirteenth Amendment, Due Process, administrative agencies

9.

Compensation, Commodification, and Disablement: How Law Has Dehumanized Laboring Bodies and Excluded Nonlaboring Humans

Michigan Law Review, Vol. 119, p. 1269, 2021, U of Penn Law School, Public Law Research Paper No. 21-14
Number of pages: 20 Posted: 23 Feb 2021 Last Revised: 12 May 2021
Karen Tani
University of Pennsylvania
Downloads 148 (360,910)

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Disability, social welfare, torts, workers' compensation, legal history, capitalism, workplace injuries, civil justice

10.

Something Old, Something New: Reflections on the Sex Bureaucracy

California Law Review, Vol. 7, No. 122, 2016
Number of pages: 33 Posted: 05 Dec 2016
Melissa Murray and Karen Tani
New York University, School of Law and University of Pennsylvania
Downloads 138 (381,392)

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administrative law, sexual regulation, bureaucracy, sexuality, administrative state, legal history

11.

Disabled Perspectives on Legal Education: Reckoning and Reform

Journal of Legal Education, Vol. 71, p. 3, 2021, U of Penn Law School, Public Law Research Paper No. 21-29
Number of pages: 7 Posted: 24 Aug 2021 Last Revised: 15 Jun 2023
Lilith A. Siegel and Karen Tani
University of California, Berkeley and University of Pennsylvania
Downloads 136 (385,812)

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disability law, legal education, civil rights, legal profession

12.

An Administrative Right to Be Free from Sexual Violence? Title IX Enforcement in Historical and Institutional Perspective

Duke Law Journal, Vol. 66, 2017, UC Berkeley Public Law Research Paper
Number of pages: 57 Posted: 20 Nov 2017
Karen Tani
University of Pennsylvania
Downloads 130 (399,700)
Citation 3

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administrative law, civil rights, Title IX, sexual assault, sexual violence, violence against women, gender, rights

13.

Portia's Deal

Chicago-Kent Law Review, Vol. 87, No. 2, p. 549, 2012
Number of pages: 22 Posted: 12 Oct 2012 Last Revised: 15 Nov 2014
Karen Tani
University of Pennsylvania
Downloads 105 (468,531)

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legal history, legal profession, New Deal lawyers, Social Security Board, women lawyers, Bernice Lotwin Bernstein, Sue Shelton White, Marie Wing

14.

Flemming v. Nestor: Anticommunism, the Welfare State, and the Making of ‘New Property’

Law and History Review, Vol. 26, no. 2 (2008)
Number of pages: 36 Posted: 14 Mar 2015
Karen Tani
University of Pennsylvania
Downloads 99 (487,960)

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Legal history, New Property, Poverty Law, Due Process, anticommunism, welfare state, Social Security, welfare rights, civil liberties

15.

Disability Benefits as Poverty Law: Revisiting the 'Disabled State'

University of Pennsylvania Law Review, Vol. 170, No. 7, 2022
Number of pages: 35 Posted: 15 Dec 2022 Last Revised: 02 Feb 2023
Karen Tani
University of Pennsylvania
Downloads 92 (511,752)

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disability law, poverty law, public benefits, legal history, public welfare, legal aid, administrative law, public law

16.

Disability and the Ongoing Federalism Revolution

Yale Law Journal, Vol. 133, 2024, U of Penn Law School, Public Law Research Paper No. 24-13
Number of pages: 83 Posted: 21 Feb 2024 Last Revised: 29 Feb 2024
Katie R. Eyer and Karen Tani
Rutgers, The State University of New Jersey - Rutgers Law School and University of Pennsylvania
Downloads 82 (549,222)

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Federalism, legal history, constitutional law, constitutional history, disability, state immunity, sovereign immunity, disability rights, civil rights, disability law, Eleventh Amendment, Fourtenth Amendment, Spending Clause, equality, Rehnquist Court

17.

When a Wrong Creates a Life: Tort Responses to Children Born From Institutional Sexual Violence

DePaul Law Review, Vol. 73, p. 617, 2024, U of Penn Law School, Public Law Research Paper No. 24-14
Number of pages: 42 Posted: 14 Mar 2024
Karen Tani
University of Pennsylvania
Downloads 49 (713,852)

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torts, legal history, disability, reproductive rights, negligence, sexual violence, Williams v. State, wrongful life

18.

The Poverty Law Education of Charles Reich

Touro Law Review, Vol. 36, P. 807, 2020, U of Penn Law School, Public Law Research Paper No. 21-28
Number of pages: 16 Posted: 01 Sep 2021
Felicia Kornbluh and Karen Tani
University of Vermont and University of Pennsylvania
Downloads 46 (732,932)

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Constitutional law, poverty law, welfare law, social welfare policy, Charles Reich, public assistance, Justine Wise Polier, Elizabeth Wickenden, civil rights and liberties, public benefits, The New Property, Aid to Dependent Children, public interest law, midnight raids, liberalism

19.

Presidential Primacy Amidst Democratic Decline

Harvard Law Review, Vol. 135, No. F, p. 39, 2021
Number of pages: 28 Posted: 09 Oct 2023
Ashraf Ahmed and Karen Tani
Columbia Law School and University of Pennsylvania
Downloads 14 (1,004,954)

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20.

States' Rights, Welfare Rights, and the 'Indian Problem': Negotiating Citizenship and Sovereignty, 1935-1954

Law and History Review, Volume 33, No. 1, 2015, DOI: org/10.1017/S073824801400056X
Posted: 14 Mar 2015
Karen Tani
University of Pennsylvania

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Legal history, Federalism, Native Americans, sovereignty, citizenship, states' rights, administrative law, welfare, welfare state, New Deal, civil rights, welfare rights, grants-in-aid, Equal Protection