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.

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.

LGBTQ Family Law and Policy in the United States

2020 ◽  
Author(s):  
Erin Mayo-Adam
Keyword(s):  
United States ◽  
Family Law ◽  
The United States ◽  
People Of Color ◽  
Same Sex ◽  
Legal Recognition ◽  
Kinship Networks ◽  
Law And Policy ◽  
Queer People ◽  
The Way

There is a growing body of research on law and policy concerning lesbian, gay, bisexual, transgender, and queer (LGBTQ) family law and policy. LGBTQ families have existed for centuries despite laws and policies that criminalize their relational practices. However, the legal landscape has shifted a great deal over the past few decades, in large part due to the increased visibility of LGBTQ kinship networks and new constitutional protections for same-sex marriage. With this said, legal protections for LGBTQ families vary widely by state, especially parental, adoption, and foster care rights. Historically, family law and policy has fallen within the realm of state power, with some important exceptions (e.g., the Supreme Court has recognized a fundamental right to parent for legal parents). For this reason, there are broad protections afforded to LGBTQ kinship networks in some states, especially those with large urban and more liberal populations, and barriers that stand in the way of LGBTQ parental rights in other states that are more conservative or rural. The legalization of marriage equality in Obergefell v. Hodges did standardize some protections for same-sex couples in traditional relationships across the United States. Yet the case also presents new problems both for LGBTQ families that are more heteronormative and those that are not because it fails to recognize a fundamental right to parent for LGBTQ people who create non-biological families and live non-traditional lives. In addition to these legal and policy changes, social scientists have used both qualitative and quantitative methodologies to shed light on the problems faced by LGBTQ families politically and legally. Researchers have examined how LGBTQ families attempt to protect their ability to parent in family court, how LGBTQ kinship networks identify innovative legal and political strategies aimed at overcoming barriers to legal recognition, and how LGBTQ identity is both constituted and made invisible through family law. Furthermore, scholars have produced a wealth of research refuting the myth that LGBTQ people are inadequate parents since the late 1980s and this research has been used in court cases across the United States to facilitate the legal recognition of LGBTQ families. Despite this research, gaps in both scholarship and legal recognition remain. Scholarship remains startlingly sparse given the legal and political barriers that stand in the way of LGBTQ family recognition, especially for LGBTQ people of color and trans and queer people. In order to address this gap, scholars should devote more resources to research on families that include LGBTQ people of color and trans and queer people, research on non-traditional queer kinship networks, and research on the unique ways that LGBTQ families are responding to political and legal barriers at the local level.

Is This the Care We Need?: An Examination of Childcare Policy in Pennsylvania

Commonwealth ◽  
2017 ◽  
Vol 19 (2) ◽  
Author(s):  
Jennie Sweet-Cushman ◽  
Ashley Harden
Keyword(s):  
United States ◽  
Child Care ◽  
Current System ◽  
The United States ◽  
The State ◽  
Federal State ◽  
Women And Politics ◽  
Richard Nixon ◽  
State And Local ◽  
Childcare Policy

For many families across Pennsylvania, child care is an ever-present concern. Since the 1970s, when Richard Nixon vetoed a national childcare program, child care has received little time in the policy spotlight. Instead, funding for child care in the United States now comes from a mixture of federal, state, and local programs that do not help all families. This article explores childcare options available to families in the state of Pennsylvania and highlights gaps in the current system. Specifically, we examine the state of child care available to families in the Commonwealth in terms of quality, accessibility, flexibility, and affordability. We also incorporate survey data from a nonrepresentative sample of registered Pennsylvania voters conducted by the Pennsylvania Center for Women and Politics. As these results support the need for improvements in the current childcare system, we discuss recommendations for the future.

Market, timber pricing, and forest management

2010 ◽  
Vol 86 (5) ◽  
pp. 580-588 ◽  
Author(s):  
Shashi Kant
Keyword(s):  
Forest Management ◽  
Economic Efficiency ◽  
Sustainable Forest Management ◽  
The United States ◽  
Residual Value ◽  
Market Economic ◽  
Geographical Regions ◽  
Optimal Mix ◽  
Optimal Resource ◽  
Social Optimality

Some resource economists and policy-makers believe that market mechanisms in general and timber pricing through auctions specifically are the only solutions for forest management in Canada. In this paper, simple economic concepts of market, economic efficiency, and social optimality are discussed, and the specific features of forest resources and sustainable forest management and their implications for optimal resource allocation through the market are highlighted. Economic theory behind competitive timber pricing in two geographical regions is presented to demonstrate that in a competitive setting, the prices of timber need not be the same in the two regions. Timber pricing mechanisms used by different countries are summarized, and auctions, their limitations, and some important outcomes of timber auctions by the United States Forest Service are discussed. Market performances of residual value and auction-based timber pricing are compared. On the basis of these discussions, it is inferred that sustainable forest management cannot be achieved either by the market or by government-controlled mechanisms only. An optimal-mix of the market and government-controlled mechanisms is the only answer to achieve sustainable forest management. Key words: auction, Canada, economic efficiency, market, residual value, social optimality, sustainable forest management, timber pricing

scholarly journals A comparative study on goals of competition law with the case of merger regulation and recommendations to Viet Nam

2020 ◽  
Vol 5 (1) ◽  
pp. first
Author(s):  
Hieu Trong Truong
Keyword(s):  
Law Enforcement ◽  
Competition Law ◽  
The United States ◽  
Comparative Approach ◽  
Academic World ◽  
Fair Competition ◽  
Law And Policy ◽  
Competition Law Enforcement ◽  
Merger Regulation ◽  
Workable Competition

The goals of competition law and policy play a notable navigator in law enforcement and lead to new rule inauguration regimes. However, Vietnam avoids signifying its goals in all two competition law versions, the Vietnamese Competition Law 2004 and the Vietnamese Competition Law 2018. The practical merger regulation has been thus confusing in the circumstances. Be continued with the lengthy controversial discussions in the academic world; the paper opens the comparative approach to other major jurisdictions. Rather than the Asian earlies system of Japanese anti-monopoly law or the European Union's primary youngest competition law, the United States antitrust law contributes to the original explanation of the law's objectives and directions. It experiences that Vietnam could maintain the diverse goals of competition law with its priority interests. Rejecting the aspect of free and fair competition, or the workable competition, the analysis traces the identification of effective competition mainly according to the European Union's perspective. Notably, the industrial policy takes a significant connection with the competition policy; however, it does not always ensure competition law enforcement. Be mainly based on Japanese historical achievement; the paper leads to an appropriate direction to resolve this complicated relationship between the two conflict but reciprocity policies. These implications will contribute to enhancing the legalization of competition law in Vietnam.

scholarly journals Cosmopolitanism, Translocality, Astronoetics: A Multi-Local Vantage Point

2020 ◽  
Vol 13 (2) ◽  
pp. 29-38
Author(s):  
Gabriela Vargas-Cetina ◽  
Manpreet Kaur Kang
Keyword(s):  
United States ◽  
Sixteenth Century ◽  
New England ◽  
Human Life ◽  
The United States ◽  
Vantage Point ◽  
Special Volume ◽  
Multiple Flows ◽  
The World ◽  
Shed Light

The world in which we live is crisscrossed by multiple flows of people, information, non-human life, travel circuits and goods. At least since the Sixteenth Century, the Americas have received and generated new social, cultural and product trends. As we see through the case studies presented here, modern literature and dance, the industrialization of food and the race to space cannot be historicized without considering the role the Americas, and particularly the United States, have played in all of them. We also see, at the same time, how these flows of thought, art, science and products emerged from sources outside the Americas to then take root in and beyond the United States. The authors in this special volume are devising conceptual tools to analyze this multiplicity across continents and also at the level of particular nations and localities. Concepts such as cosmopolitanism, translocality and astronoetics are brought to shed light on these complex crossings, giving us new ways to look at the intricacy of these distance-crossing flows. India, perhaps surprisingly, emerges as an important cultural interlocutor, beginning with the idealized, imagined versions of Indian spirituality that fueled the romanticism of the New England Transcendentalists, to the importance of Indian dance pioneers in the world stage during the first part of the twentieth century and the current importance of India as a player in the race to space. 

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