ARTICLE: The Welfarization of Family Law Skip over navigation
LexisNexis® Browse Law Reviews and Treatises
Skip over navigation
Sign in with your lexis.com® ID to access the full text of this article.
-OR-
Order the full text of this article if you do not have a lexis.com® ID.
 
Price: 
US $22.00 (+ tax)
 
 

Copyright (c) 2000 Kansas Law Review, Inc.
Kansas Law Review

ARTICLE: The Welfarization of Family Law

January, 2000

48 Kan. L. Rev. 229

Author

Tonya L. Brito *

Excerpt



I. Introduction



Family law and welfare law share a connectedness that has not been extensively addressed by scholars in either the family law or welfare law arenas. This Article attempts to bridge the scholarly gap by examining, first, their shared aim of family regulation and, second, two distinct phenomena that have emerged from this overlapping function: duality in family law and the welfarization of family law. Duality in family law is exemplified by the two distinct bodies of family law that exist in the United States: one for families receiving public assistance and another for families in the rest of society. Under this divided regime, vastly different legal rules govern family matters for the two groups. Under what I term the "family law of welfare," poor families are subjected to privacy-invading, cost-conscious welfare regulations that are designed to regulate family life. These rules do not apply to non-welfare families whose relationships are governed by family law principles of general application, which I term "general family law."



While the wall separating general family law from the family law of welfare was relatively solid for many years, it became more porous with the recent wave of welfare reform that began in the late 1980s. 1 Rather than coexisting independently, the two varieties of family law are converging, leading to what I term the "welfarization" of family law. In brief, welfarization of family law takes place when the family law of welfare penetrates the dividing wall and ...
 
 
If you are interested in obtaining a lexis.com® ID and Password, please contact us at 1-(800)-227-4908 or visit us at http://www.lexisnexis.com/.
Search Documents
 
eg., Environmental Insurance Coverage Under the Comprehensive General Liability Policy
 
 
 
 

Lexis® Web - The only search engine that delivers free web content specifically from legal sites validated by LexisNexis® attorney editors and includes tools for faster research and more relevant results.

 
LexisNexis Store
Research Now - Go to lexis.com
Connect the Dots - Free 1 hour webcast
Share. Network. Discover. - Go to LexisNexis Communities