Showing papers in "Maryland Law Review in 2002"
•
6 citations
•
TL;DR: Dollar and Roberts as discussed by the authors examined the relative pay of occupations involving care, such as teaching, counseling, providing health services, or supervising children, using panel data from the National Longitudinal Survey of Youth.
Abstract: We examine the relative pay of occupations involving care, such as teaching, counseling, providing health services, or supervising children. We use panel data from the National Longitudinal Survey of Youth. Care work pays less than other occupations, after controlling for the education and employment experience of the workers, many job characteristics, and (via individual fixed effects) unmeasured, stable characteristics of those who hold the jobs. Both men and women in care work pay this wage penalty. However, the penalty is paid disproportionately by women since more women than men do this kind of work. Ward Doran & Roberts 3 Welfare Reform and Families in the Child Welfare System Morgan B. Ward Doran & Dorothy E. Roberts
6 citations
•
5 citations
•
3 citations
•
TL;DR: A more child-centered view of the overlapping issues of the child welfare system and TANF, identifying both positive and negative aspects of these two systems was presented in this paper.
Abstract: Temporary Assistance to Needy Families (TANF) is the primary assistance program for low-income families. A number of these families are also involved with the child welfare (child protective) system. For a conference on TANF this article was prepared as a response to another conference article, Ward Doran & Roberts, Welfare Reform and Families in the Child Welfare System, 61 Md. L. Rev. 386 (2002), which focuses on the impact of TANF and child welfare on mothers. This article takes a more child-centered view and elaborates on the overlapping issues of the child welfare system and TANF, identifying both positive and negative aspects of these two systems. The article concludes that parental responsibility should not be used as a justification for depriving children of basic needs and proposes that child welfare be considered more as a joint parent-community responsibility.
2 citations
•
TL;DR: The authors analyzes the due process implications of the change in welfare administration from a federal statutory entitlement model to the devolved contractual model and posits that, despite the changes, due process protections still exist.
Abstract: This Article analyzes the due process implications of the change in welfare administration from a federal statutory entitlement model to the devolved contractual model and posits that, despite the changes, due process protections still exist. These protections arise from the private law of contracts on two different levels.The first level is the macro, or implied, contract, that I refer to as the social contract between the government and the populace. The existence of this social contract is evidenced in numerous sources including: political theories that explore the use of governmental authority; foundational democratic legal sources, such as the Declaration of Independence and the United States Constitution; and the body of social contract rhetoric that permeates social welfare discourse.Finding support to determine that a social contract between the government and the populace does exist, this Article then explores the terms of the social contract and concludes that at a minimum the social contract insures the government will not act in an arbitrary manner.The second level is the micro, or express, contract encompassing the terms of the agreement between the recipient and the government. These contracts take the form of Individual Responsibility Plans (IRPs) or Individual Responsibility Contracts (IRCs) that are created by welfare caseworkers and govern the terms of assistance. This Article suggests that these agreements can be construed as legally cognizable contracts between the government and each recipient. As such, the IRPs can constitute “property” requiring the applicant of procedural due process protections pursuant to the 14th amendment to the Constitution. This Article ultimately concludes that both the macro and micro elements of the devolved contractual model create a new basis of due process protections for welfare recipients.
1 citations