Mitchell Hamline School of Law
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Reflections on Nomos: Paideic Communities and Same Sex Weddings
Robert Cover’s Nomos and Narrative is an instructive tale for the constitutional battle over whether religious wedding vendors must be required to serve same-sex couples. He helps us see how contending communities’ deep narratives of martyrdom and obedience to the values of their paideic communities can be silenced by the imperial community’s insistence on choosing one community’s story over another community’s in adjudication. The wedding vendor cases call for an alternative to jurispathic violence, for a constitutionally redemptive response that prizes a nomos of inclusion and respect for difference
From Healthcare to Hiring: Impacts of Social and Public Policy on Disabled Veterans in the United States
The United States Government is struggling to fulfill commitments it has made to service members suffering from disabilities incurred during honorable service to the country. The Department of Veterans Affairs (VA) disability compensation structure, job training programs, and methods of alternative dispute resolution is a patchwork resulting from decades of legislation creating a system where veterans often become locked in a complicated and often combative process to obtain benefits they have earned. Employers, advocacy groups, academics, and federal officials agree that there are systematic issues within the VA negatively impacting disabled veterans. These include a lack of patient-centered care, divergent and overlapping services provided by different organizations, administrative delays, and an adversarial relationship in dispute processes. This paper recommends enacting legislation integrating elements of disability care currently under the auspices of the VA into Medicare, devoting resources to increase the amount of longitudinal data collection studies performed, and streamline the VA’s claim appeals process by creating a secure online method of alternative dispute resolution. In researching disabled veterans’ law, academics note a deficiency in the amount of relevant contemporary scholarship.
The lack of scholarship in healthcare and employment law concerning disabled veterans presents a unique opportunity for further discussion and research. Contributions by those closest to the problem, (i.e.: who have served in the military, worked for the VA, and members of advocacy groups) are critical in creating a foundation upon which real world solutions may be found. This paper is written through the lens of lived experiences. As a former United States Marine, having served in Afghanistan, it is the result of direct experiences that I and my fellow service members have and are currently experiencing with the VA
Transforming Minnesota\u27s Early Care and Education Infrastructure
In 2021, the Minnesota legislature authorized the Great Start for All task force to present recommendations for how the state can provide “access to affordable, high-quality early care and education that enriches, nurtures, and supports children and their families,” to “all families” in Minnesota.
The early care and education landscape in Minnesota has experienced dramatic changes in programming and investments over the last twenty years. In the early 2000s, the state’s primary child care subsidy program, the Child Care Assistance Program (CCAP), was moved from the Department of Children, Families and Learning to the Department of Human Services in an administrative restructuring. For several years after this change, partially as a result of the Great Recession, the program experienced disinvestment leaving it significantly behind other state subsidy programs.
While the state was disinvesting in child care, economic researchers at the Federal Reserve Bank of Minneapolis was publishing groundbreaking research in the high public return of investment in quality early childhood development programs.
Instead of re-investing in CCAP, the state instead invested in multiple pilot programs and/or partial early childhood investments, most notably the Early Learning Scholarship program. While well-intentioned, the abundance of programs led to a complex and confusing system, for both families and early care and education providers, as highlighted by a 2018 Office of Legislative Auditor (OLA) audit of Early Childhood Programs.
Today, the Great Start for All task force provides an opportunity for transformational change in the early care and education landscape. Unfortunately, many in the early care and education community are pessimistic about the task force putting forward a proposal that is both substantive and implementable. Those invested in early care and education struggle to reconcile the promise of high-quality care, on-going disparities in access and workforce development, and how to create government programs with program integrity measures that work for families, early care and education providers, and funders.
Part One of this paper will provide contextual information about early care and education and the history of public investment, or lack thereof, across the country. Part Two of this paper will identify and summarize the primary challenges and opportunities in Minnesota’s early care and education ecosystem and reform efforts over the last decade. Part Three of this paper will lay priorities and a pathway for progress that could be implemented at the state level to realize a universal, affordable, high-quality early care and education system for all Minnesota children