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The Abuse of Section 1115 Waivers: Welfare Reform in Search of a Standard

16 Pages Posted: 3 Jul 2012  

Lucy A. Williams

Northeastern University - School of Law

Date Written: 1994

Abstract

This article documents the federal government's relinquishment, in the name of experimentation, of any obligation to set welfare policy, and the abuse of section 1115 waivers in terms of both methodology and substantive result. In Part I, I explore the historical purpose of section 1115, which was to provide for limited research projects. Parts II and III critique the abuse of section 1115 through broad-based executive waiver approvals, and show how these waiver approvals have resulted in wholesale alterations of the Aid to Families with Dependent Children program by the states. Finally, Part IV focuses on the reasons why unrestricted state discretion is not an appropriate strategy for addressing welfare policy concerns.

Suggested Citation

Williams, Lucy A., The Abuse of Section 1115 Waivers: Welfare Reform in Search of a Standard (1994). Yale Law & Policy Review, Vol. 12, No. 1, pp. 8-37, 1994; Northeastern University School of Law Research Paper . Available at SSRN: https://ssrn.com/abstract=2099607

Lucy Williams (Contact Author)

Northeastern University - School of Law ( email )

416 Huntington Avenue
Boston, MA 02115
United States

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