Shriver Center - Sargent Shriver National Center on Poverty Law

Language Access in State Courts

An aspect of access to the courts is the provision of interpreters, at no cost, for persons with limited English proficiency. In some instances the right to an interpreter is rooted in the Constitution, and Title VI of the Civil Rights Act of 1964 imposes language-access requirements on state and county courts that receive federal funds. Advocates should learn whether their courts are in compliance and work to educate both legislators and the judiciary about language-access obligations.

Copies of this article are available for purchase online for $15 apiece.

Related Articles

Leticia Camacho and Gillian Dutton, How Coalitions Can Help Legal Aid Attorneys Improve Access for Their Limited-English-Proficient Clients (Mar.-Apr. 2009)
Katharine Hsiao and Gerald McIntyre, What You Need to Know About Advocacy for Limited-English-Proficient Elders (Sept.-Oct. 2008)
Jane Perkins, Mary R. Mannix, Jack Daniel, and Wanda Boonsurmsuwongse Hasadsri, Enforcing Language Access Rights: Trends and Strategies (Sept.-Oct. 2004)
Patricia Hanrahan, Serving Clients with Limited English Proficiency: Resources and Responses (Sept.-Oct. 2004)
Paul M. Uyehara, Opening Our Doors to Language-Minority Clients (Mar-Apr 2003)

By Laura K. Abel

The Movement Toward Veterans Courts

Military veterans return home from overseas conflicts with “invisible wounds” of combat—posttraumatic stress disorder, major depression, and traumatic brain injury. These wounds can lead to a veteran’s ultimate involvement in the legal system. Jurisdictions have launched veterans court initiatives to tackle the unique problems that bring about such involvement and resolve the problems in a manner such that healing is fostered and recidivism prevented. Advocates should be aware of the value of these courts and of some considerations in creating such initiatives.

Copies of this article are available for purchase online for $15 apiece.

Related Articles

Mary Ellen McCarthy, What Difference Does It Make if the Client Is a Veteran? None if You Don't Ask About Veteran Status (Sept.–Oct. 2009)
David Ackerly, Special Considerations When Representing Military Veteran Clients (Sept.–Oct. 2009)
John S. Anderson and Victor Geminiani, Establishing a Successful Veterans Benefits Project: Two Perspectives (Sept.–Oct. 2009)

By Steven Berenson

The Revolution Will Be Mapped

GIS (geographic information system) mapping technology is instrumental in underprivileged communities obtaining better services--from education and transportation to health care and municipal services--by illustrating precisely what discrimination and exclusion mean. More and more advocates, community groups, and academics use maps to identify social problems, devise solutions, and leverage change. The Cedar Grove Institute for Sustainable Communities has, among other projects, helped advocates use maps to show patterns of municipal discrimination against disadvantaged groups.

Copies of this article are available for purchase online for $15 apiece.

Related Articles

Jason Reece and Eric Schultheis, Poverty's Place: The Use of Geographic Information Systems in Poverty Advocacy (Jan.-Feb. 2009)

By Bob Burtman

Case Note: Simultaneous Federal and State Court Actions Halt Health Care Cuts to Individuals Residing in Hawaii Under Compacts of Free Association with the United States

Copies of this article are available for purchase online for $15 apiece.

By Victor Geminiani, Elizabeth M. Dunne, Jennifer Albertson, and Erica Jeung Dickey

Case Note: Federal Court Says California, Despite Budget Problems, Must Comply with Disability Laws

Copies of this article are available for purchase online for $15 apiece.

By Elizabeth Zirker, Elissa Gershon, and Kim Swain

Letter from the Editor

Accessible Assets: Bringing Together the Disability and Asset-Building Communities

People with disabilities have lower employment rates, lower savings rates, and higher costs of living than people without disabilities. Most asset-building programs do not consider the needs of people with disabilities. Asset limits are particularly onerous. Advocates need to ensure that people with disabilities are availing of programs tailored to them—the earned income tax credit (EITC), Assistive Technology Act alternative financing programs, and individual development accounts (IDA). Legislation to eliminate restrictions on the use of federally funded IDAs and create a new type of savings account will also ensure that asset building is doable by everyone.

Copies of this article are available for purchase online for $15 apiece.

Related Resources

Accessible Assets Webinar Archive
Arlene Mayerson, Disability Rights Law: Roots, Present Challenges, and Future Collaborations (Sept.-Oct. 2007)
James W. Speer, Protecting Disability Benefits from Creditors (Sept.-Oct. 2007)
Kevin Liebkemann and Raymond Cebula, Interplay Among Unemployment Insurance, Welfare, Social Security Disability, and SSI Benefits (Sept.-Oct. 2007)
Dory Rand and Brian Clappier, Getting By or Getting Ahead? Public Policies to Help the Poor Build and Protect Assets (Nov.-Dec. 2008)
Dory Rand and Stephanie Holmes, Children's Development Accounts Promote Inclusive Prosperity (Nov.-Dec. 2007)
Claudia Center and Brian East, The ADA Amendments Act of 2008 and Employment: Practical Strategies (July-Aug. 2009)

By Karen Harris and Hannah Weinberger-Divack

Local Prosecution of Real-Estate Fraud as a Means to Achieving Social and Economic Justice for Low-Income Victims and Communities: A Case Study

“Save your home” foreclosure schemes have wreaked havoc on low-income communities. After considering relevant ethical rules, housing advocates can help combat foreclosure scams by becoming allies with their local prosecutors. The Alameda County District Attorney’s Office has assisted the low-income communities of Oakland, California, by not only prosecuting foreclosure scammers but also holding banks accountable for vacant homes that become the setting for criminal activities.

Copies of this article are available for purchase online for $15 apiece.

Related Articles

Antonio Hicks, Strength in Numbers: Legal Advocates and Community Organizers Partner to Fight Foreclosures (May-June 2009)
Lawrence R. McDonough, Minnesota Tenants Gain More Rights In Foreclosure Through Legislative Task Force Collaboration (March-April 2009)
Geoff Walsh, Foreclosure Mediations—Can They Make a Difference? (Nov.-Dec. 2009)
Maeve Elise Brown and Lisa Sitkin, Defending Post-Foreclosure Evictions (July-Aug. 2009)
David Super, Defending Mortgage Foreclosures: Seeking a Role for Equity (July-Aug. 2009)
Mark Ireland, Foreclosure Defense: Understanding TILA Basics Is Essential (May-June 2009)

By David G. Lim

Language Access 101: The Rights of Limited-English-Proficient Individuals

Discrimination on the basis of language is national-origin discrimination under Title VI of the Civil Rights Act of 1964, and people with limited English proficiency are entitled to have meaningful access to, participate in, and benefit from federally funded programs and services. The U.S. Department of Justice is devoting increased attention to the language-access rights of limited-English-proficient individuals. Legal aid advocates should be prepared to help clients assert these rights and should ensure that advocates’ own services are linguistically accessible.

Copies of this article are available for purchase online for $15 apiece.

Related Articles

Leticia Camacho and Gillian Dutton, How Coalitions Can Help Legal Aid Attorneys Improve Access for Their Limited-English-Proficient Clients (Mar.-Apr. 2009)
Katharine Hsiao and Gerald McIntyre, What You Need to Know About Advocacy for Limited-English-Proficient Elders (Sept.-Oct. 2008)
Jane Perkins, Mary R. Mannix, Jack Daniel, and Wanda Boonsurmsuwongse Hasadsri, Enforcing Language Access Rights: Trends and Strategies (Sept.-Oct. 2004)
Patricia Hanrahan, Serving Clients with Limited English Proficiency: Resources and Responses (Sept.-Oct. 2004)
Paul M. Uyehara, Opening Our Doors to Language-Minority Clients (Mar-Apr 2003)

By Michael Mulé

How Effective Is Machine Translation of Legal Information?

Machine-translation tools can help make programs and services accessible to people with limited English proficiency. But because machine translation merely substitutes words or phrases in the target language for those in the source language, the tools cannot be relied upon in lieu of human translators. As more and better machine-translation tools become available, they can yield a first draft for human translators to edit.

Copies of this article are available for purchase online for $15 apiece.

Related Articles

Leticia Camacho and Gillian Dutton, How Coalitions Can Help Legal Aid Attorneys Improve Access for Their Limited-English-Proficient Clients (Mar.-Apr. 2009)
Katharine Hsiao and Gerald McIntyre, What You Need to Know About Advocacy for Limited-English-Proficient Elders (Sept.-Oct. 2008)
Jane Perkins, Mary R. Mannix, Jack Daniel, and Wanda Boonsurmsuwongse Hasadsri, Enforcing Language Access Rights: Trends and Strategies (Sept.-Oct. 2004)
Patricia Hanrahan, Serving Clients with Limited English Proficiency: Resources and Responses (Sept.-Oct. 2004)
Paul M. Uyehara, Opening Our Doors to Language-Minority Clients (Mar-Apr 2003)

By Michael Mulé and Claudia Johnson

News and Notes

Unemployment Appeals: Can Your Program Really Do More with Less?--the Legal Aid Perspective

The state of the economy has taxed the unemployment insurance benefits system while increasing the demand on advocates to represent clients in unemployment hearings. At the same time many legal aid programs are experiencing their own staff reductions due to loss of funding. Reaching out to the private bar, implementing pro se clinics, and involving law students can help programs maximize their ability to help clients obtain benefits.

Copies of this article are available for purchase online for $15 apiece.

Related Articles

Susan Nofi-Bendici, Representing Claimants in Unemployment Compensation Proceedings: Lessons Learned from Hearing and Deciding These Cases (Mar.-Apr. 2010)

By Susan Nofi-Bendici

Postracialism or Targeted Universalism?

After the election of the first African-American U.S. president, many ascribe to the notion of "postracialism" as a kind of positive race blindness and assert that focusing on race-specific programs or talking about race is divisive. To the contrary, a false universal approach to public programs, such as those of the New Deal, Veterans Affairs, Social Security Act, and GI Bill illustrate, reveals many inequities. To keep this conversation alive, advocates need to learn about structural racialization and implicit bias.

Copies of this article are available for purchase online for $15 apiece.

Related Articles

Maya Wiley and john a. powell, Tearing Down Structural Racism and Rebuilding Communities (May-June 2006)
Bill Kennedy, Emily Fisher, and Colin Bailey, Framing in Race-Conscious, Antipoverty Advocacy: A Science-Based Guide to Delivering Your Most Persuasive Message (Jan.-Feb. 2010)

By john a. powell

Browse Clearinghouse issues by year

Browse Clearinghouse articles by category

2010 May-June Clearinghouse Review