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Full-Text Articles in Law

Childcare, Vulnerability, And Resilience, Meredith Johnson Harbach Jan 2019

Childcare, Vulnerability, And Resilience, Meredith Johnson Harbach

Law Faculty Publications

The question of how to provide care for America’s youngest children, and the quality of that care, is among the most vexed for family law. Despite seismic demographic shifts in work and family, childcare law and policy in the United States still operates on the assumption that childcare is the private responsibility of parents and families rather than a state concern. But this private childcare model, based on unrealistic assumptions in liberal theory and buttressed by an ascendant neoliberalism, is inadequate to today’s childcare challenges. This project confronts the inadequacies of the private childcare model. Using Martha Albertson Fineman’s Vulnerability …


Early Childhood Development And The Replication Of Poverty, Clare Huntington Jan 2019

Early Childhood Development And The Replication Of Poverty, Clare Huntington

Faculty Scholarship

Antipoverty efforts must begin early because abundant evidence demonstrates that experiences during the first five years of life lay a foundation for future learning and the acquisition of skills. Public investments can help foster early childhood development, but these efforts must begin early and must involve both parents and children. This chapter describes the patterns of convergence and divergence in state approaches to supporting early childhood development. For the prenatal period until age three, the federal government is the primary source of funds, and there is fairly limited variation in how this money is spent across the states. For the …


Legal Recognition Of Same-Sex Relationships: New Possibilities For Research On The Role Of Marriage Law In Household Labor Allocation, Deborah A. Widiss Jan 2016

Legal Recognition Of Same-Sex Relationships: New Possibilities For Research On The Role Of Marriage Law In Household Labor Allocation, Deborah A. Widiss

Articles by Maurer Faculty

Research comparing the relative significance of economic exchange theories and gender norms on parents’ division of income-producing and domestic responsibilities often fails to consider sufficiently the role that marriage may play. This article shows that, in the United States, numerous aspects of state and federal law relating to marriage encourage spouses to specialize in distinct breadwinning and caretaking roles. Same-sex marriage offers new opportunities to assess the importance of marriage in household labor allocation decisions while controlling for gender. For any data gathered before June 2015, however, it may be distorting to characterize same-sex couples as simply “married” or “un-married”; …


Work, Family, And Discrimination At The Bottom Of The Ladder, Stephanie Bornstein Jan 2012

Work, Family, And Discrimination At The Bottom Of The Ladder, Stephanie Bornstein

UF Law Faculty Publications

With limited financial resources, few social supports, and high family caregiving demands, low-wage workers go off to work each day to jobs that offer low pay, few days off, and little flexibility or schedule stability. It should come as no surprise, then, that workers' family lives conflict with their jobs. What is surprising is the response at work when they do. This Article provides a survey of lawsuits brought by low-wage workers against their employers when they were unfairly penalized at work because of their caregiving responsibilities at home. The Article reflects a review of cases brought by low-wage hourly …


Outsourcing Childcare, Meredith Johnson Harbach Jan 2012

Outsourcing Childcare, Meredith Johnson Harbach

Law Faculty Publications

Existing discourse on childcare decisions proceeds as if there were one "right" answer to the question of who should care for children. The law has preferences, too. But the reality is that parents, like businesses, make diverse, strategic decisions about when to keep work in-house, and when to collaborate with outside partners. This Article uses the lens of business outsourcing to gain fresh perspective on childcare decisionmaking, and the law's relationship to it. The outsourcing framework provides three key insights. First, it enables us to better understand the diversity of childcare decisions and the reasons underlying them. Second, the outsourcing …


Opening Remarks To “No Place To Live: The Housing Crisis Facing Youth Aging-Out Of Foster Care,” A National Symposium Hosted By The Child Advocacy Clinic Of St. John’S School Of Law, March 28, 2008, Dale Margolin Cecka Jan 2008

Opening Remarks To “No Place To Live: The Housing Crisis Facing Youth Aging-Out Of Foster Care,” A National Symposium Hosted By The Child Advocacy Clinic Of St. John’S School Of Law, March 28, 2008, Dale Margolin Cecka

Law Faculty Publications

Across the country, everyone is talking about a “housing crisis.” For youth who age out of foster care, just finding a place to sleep each night is a struggle. We know that nationally, 54% of recently aged-out youth are homeless or unstably housed. In addition, these youth face higher rates of unemployment, under-education, teen pregnancy, and incarceration. We are gathered here today to address the unique and dire housing needs of youth aging of foster care. I would usually begin a Symposium like this with a story of a young person’s plight, an illustration of the injustices this population faces. …


Care As A Public Value: Linking Responsibility, Resources, And Republicanism, Linda C. Mcclain Jan 2001

Care As A Public Value: Linking Responsibility, Resources, And Republicanism, Linda C. Mcclain

Faculty Scholarship

I begin this Article with the preceding two statements concerning care for children because they focus on the relationship between resources and responsibility and capture two conflicting approaches to that relationship. The first statement resists a definition of "responsibility" that leaves out the work of social reproduction, that is, of caring for children and preparing them to take their place as responsible, self-governing members of society. Highlighting the lack of resources that poor parents face when tackling the work of social reproduction, the statement also suggests common ground among parents across class lines as to the importance of caring for …


Child Care And Federal Tax Policy (Symposium: Women, Equity And Federal Tax Policy: Open Questions), Ann F. Thomas Jan 1999

Child Care And Federal Tax Policy (Symposium: Women, Equity And Federal Tax Policy: Open Questions), Ann F. Thomas

Articles & Chapters

No abstract provided.


Child Care Policy And The Welfare Reform Act, Peter R. Pitegoff Jan 1997

Child Care Policy And The Welfare Reform Act, Peter R. Pitegoff

Faculty Publications

This article sketches the 1996 Welfare Reform Act's major changes with particular attention to federally subsidized child care for low-income families.


Welfare Reform And Child Care: A Proposal For State Legislation, Clare Huntington Jan 1996

Welfare Reform And Child Care: A Proposal For State Legislation, Clare Huntington

Faculty Scholarship

The shortage of subsidized child care creates three problems. First, it contributes to underemployment because job options are greatly reduced when child care is unavailable. Second, it erodes the wages of parents who do work because low-income families spend a debilitating percentage of their earnings to pay for the care of their children. Third, it relegates many children to poor quality child care settings, compromising their academic potential and social well-being, and placing them at risk for delinquency and dependency. Part I of this article discusses the current paucity of quality, affordable child care, and the effects of this shortage. …


Welfare Reform And Child Care: A Proposal For State Legislation, Clare Huntington Jan 1996

Welfare Reform And Child Care: A Proposal For State Legislation, Clare Huntington

Faculty Scholarship

Without subsidized child care, Dianne Williams, the mother of an eighteen-month-old son, would never have left welfare and earned the post-secondary degree that led to her current job as a senior secretary; Tammy Stinson, a U.S. Air Force veteran and 29-year-old mother of two children, would spend up to $150 of her weekly $200 salary on child care, increasing the likelihood she would turn to welfare or live in poverty; Jerry Andrews, a graduate of a government-funded early childhood education program, might not earn $31,200 a year and be working towards an engineering degree. These individuals are lucky. The vast …


The Art Of Line Drawing: The Establishment Clause And Public Aid To Religiously Affiliated Child Care, Elizabeth Samuels Jan 1993

The Art Of Line Drawing: The Establishment Clause And Public Aid To Religiously Affiliated Child Care, Elizabeth Samuels

All Faculty Scholarship

The Article analyzes both the meaning and the constitutionality of Child Care Development Block Grant's church-and-state-related provisions in light of existing Supreme Court Establishment Clause jurisprudence. The CCDBG's church-and-state-related provisions represent a legislative effort to perform the type of Establishment Clause line drawing that the Supreme Court has traditionally undertaken and continues to undertake in cases involving aid to religious institutions. The congressional debate and the public controversy it engendered over line drawing between permissible and impermissible aid to religiously affiliated child care, and the resolution reached in the CCDBG, all achieve an important constitutional aim. They reflect and reinforce …


Child Care Enterprise, Community Development, And Work, Peter R. Pitegoff Jan 1993

Child Care Enterprise, Community Development, And Work, Peter R. Pitegoff

Faculty Publications

Child care enterprise can be a vehicle for community-based economic development. Beyond the critical goal of child care service, day care as an enterprise can help build capacity for job creation and entrepreneurship in the inner city and in disadvantaged communities. Stable child care institutions with quality jobs can sound a counterpoint to the feminization of poverty. The demand for child care services is substantial and growing. In single parent families and in households with two working parents, day care is essential to enable parents to work or go to school. Further, high quality early childhood programs can have a …