The Catch-22 of Child Care

ChildcareA recent article in the New York Times details the high cost of child care in the United States. Writer Alissa Quart cites research by sociologist Joya Misra, who argues that women with children are not approaching pay equity with men largely because working may not make economic sense given the high cost of child care. Yet if women drop out of the job market when their children are young, re-entering the job market may entail reduced pay and job responsibilities. A classic Catch-22. There has been much discussion in the past about how difficult it is for poor and working class women to obtain reliable, affordable child care, but this new article focuses on the fact that middle and even upper middle class women are also being priced out of the market for safe, high-quality child care. The author interviews several women in good jobs who struggle to pay for decent child care while still retaining enough income to pay for rent and other necessities. While it may be difficult to feel sorry for the plight of working mothers who are earning $40,000 per year or more, the take-away question from the article is this: if such educated and relatively privileged women cannot easily afford decent child care, what are people of average means supposed to do? The author concludes that the United States needs the same kind of high quality, government-subsidized day care that many other developed countries offer.

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Breathe Deeply

As I finalize preparing for my fall Appellate Writing and Advocacy course, and I think about our new moot court teams this year, I have been considering what makes for a top-notch oral argument.

One basic, and sometimes overlooked, concept is how to breathe when presenting an argument. This is something I think about, because I have spent a lot of time over the years singing in choirs. Anyone who has sung in a choir or done any voice training has heard about “diaphragmatic breathing.” This type of breathing supports the vocal cords fully. It’s also pretty close to the type of breathing taught in yoga classes.

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Egypt & the Take Care Clause

In the course of recent debates over how to respond to the events in Egypt, many have pointed out that the central legal question is whether Section 508 of the Foreign Assistance Act obligates the President to cancel hundreds of millions in U.S. military aid. Reports have now emerged that the Administration has quietly decided to suspend aid on a temporary basis, but without deciding that a coup has occurred. Putting aside the complex policy questions at stake, I want raise a couple of points on the relationship between this decision and the President’s duty under the Take Care Clause, and suggest that the President has a statutory and constitutional obligation to go one step further and cancel military aid, unless Congress passes a new law overriding the current statute.

Here’s what Section 508 says:

None of the funds appropriated or otherwise made available pursuant to this Act shall be obligated or expended to finance directly any assistance to any country whose duly elected head of government is deposed by military coup or decree: Provided, That assistance may be resumed to such country if the President determines and reports to the Committees on Appropriations that subsequent to the termination of assistance a democratically elected government has taken office.

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