Since 1996, Congress has included charitable choice provisions in several social welfare statutes to encourage the participation of religious organizations in administering government-funded social service programs. In this Article, Professor Michele Gilman discusses the lack of accountability...

When the federal welfare system was reformed in 1996, Congress devolved much of the authority over welfare delivery to the states and gave them the option of contracting out administration of their programs to private entities. Moreover, after welfare reform, enacted as the Personal...

Since 1996, the federal government has undertaken major initiatives to fund religious organizations to deliver social services. These programs, called charitable choice, continue to expand and now account for over $2 billion in social welfare spending. However, charitable choice blurs the lines...

Poverty is correlated with crime, but it is widely assumed that it should not be a defense. In the 1970s, Judge David Bazelon challenged this assumption, proposing a rotten social background defense, that is, how growing up under circumstances of severe deprivation can subsequently impact a...

We live in an era of growing economic inequality. Luminaries ranging from the President to the Pope to economist Thomas Piketty in his bestselling book Capital in the Twenty- First Century have raised alarms about the disparity between the haves and the have-nots. Overlooked, however, in these...

We live in an age of unprecedented surveillance, enhanced by modern technology, prompting some to suggest that privacy is dead. Previous scholarship suggests that no subset of the population feels this phenomenon more than marginalized communities. Those who rely on public benefits, for example,...

Algorithmic profiling technologies are impeding the economic security of low-income people in the United States. Based on their digital profiles, low- income people are targeted for predatory marketing campaigns and financial products. At the same time, algorithmic decision-making can result in...

We live in a “datafied” society in which our personal data is constantly harvested, analyzed, and sold by governments and businesses. Algorithms analyze this data, sort people into categories, and serve as gatekeepers to life's necessities. Yet people remain largely in the dark about these...

This Article examines the matrix of vulnerabilities that low-income people face as a result of the collection and aggregation of big data and the application of predictive analytics. On the one hand, big data systems could reverse growing economic inequality by expanding access to opportunities...

During the Bush Administration, many scientists, both inside and outside of government, asserted that the President was distorting scientific knowledge to achieve political ends. In controlling the scientific output of government agencies, President Bush acted consistently with unitary executive...