The Challenges of Family Law and Policy in Immigration Regulation

2011 ◽  
Author(s):  
Lynne Marie Kohm ◽  
John Brown McCarty
Keyword(s):  
Family Law ◽  
Law And Policy ◽  
Immigration Regulation

scholarly journals Childcare Market Failure

2017 ◽  
Author(s):  
Meredith J Harbach
Keyword(s):  
Economic Theory ◽  
Market Failure ◽  
Family Law ◽  
The United States ◽  
Vantage Point ◽  
Legal Scholarship ◽  
Law And Policy ◽  
Market Economic ◽  
Childcare Policy ◽  
Family Matter

In the United States,family law norms and childcare policy have long reflected the view that childcare is a private,family matter. But childcare has crossed the private-public divide. In the absence of parents at home providing care, a substantial childcare market has emerged. And that market is failing. Our law, policy, and legal scholarship have yet to recognize and account for this new reality. This Article confronts the problem on its own terms, using economic analysis to diagnose our childcare crisis as a market failure,and makes the case for more active and explicit government intervention in the childcare market. Economic theory not only helps us understand why the market is failing, but also recommends specific law and policy levers-subsidies, regulation, and information-to mitigate market failure, enabling us to craft more responsive reforms. In the end,the market lens shifts our focus from what is private about caring for children to what is public about it. From this vantage point, the Article makes plain that our childcare market is too big- and too important to fail.

scholarly journals Family Secrets: Law and Understandings of Openness in Everyday Relationships

2009 ◽  
Vol 38 (4) ◽  
pp. 551-567 ◽  
Author(s):  
CAROL SMART
Keyword(s):  
Child Welfare ◽  
Family Law ◽  
Historical Context ◽  
Simple Solution ◽  
Family Secrets ◽  
Law And Policy ◽  
Complex Relationships ◽  
Using Data

AbstractUncovering old or historical family secrets has become an enjoyable pastime yet in contemporary families the keeping of secrets, especially those relating to reproduction and paternity, is seen increasingly as undesirable. This article explores these issues and the growing tendency for family law and policy to favour exposing genetic truths – seeing this form of scientific veracity as crucial to child welfare and equality. The article explores the changing contexts of family secrets (using data drawn from the Mass Observation Archive) and seeks to locate these secrets in their cultural and historical context. An argument against imposing a simple solution (in the form of genetic truth) onto complex relationships is pursued.

The Movement Away from Secular Values in the Religious Community

2017 ◽  
Author(s):  
Michael J. Broyde
Keyword(s):  
Family Law ◽  
The United States ◽  
Federal Courts ◽  
Religious Community ◽  
Traditional Values ◽  
Legal Norms ◽  
Law And Policy ◽  
Opt Out ◽  
American Law ◽  
American Society

One of the major causes for religious individuals’ and communities’ increased interest in faith-based arbitration in recent decades is the ever-widening gap between traditional values and societal law and policy in the United States. As the norms and values embraced by American law and enforced by state and federal courts have moved away from their historically-grounded religious roots, people of faith have become increasingly less comfortable with ordering their lives based on such secular commitments. One solution has been to use America’s legal arbitration framework to opt out of being bound to current legal norms, and to instead choose to resolve disputes in accordance with religious commitments. This chapter explores one of the most acute areas of tension between traditional and secular values within evolving standards of American law and policy: the realm of family law. It reviews the family law cultural wars that have raged in American society.

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