January 1991

Cover

 
  • Veterans' Law Developments

    In 1990, the U.S. Court of Veterans Appeals became fully operational, the VA continued to reformulate its rules for disability compensation based on Agent Orange Exposure, the Board of Veterans Appeals rules of practice were amended, and the VA implemented a new, more liberal statutory standard for waiver of debt collection.

    By The National Veterans Legal Services Project

  • Family Law Developments

    While the trend to mandate the arrest of spouse abusers continues, a growing number of states have passed legislation requiring courts to consider history of abuse in a family as a factor in making custody awards.

    By Joan Pennington

  • Consumer and Energy Law Developments During 1990

    This article reviews consumer law developments in bankruptcy, collection of student loans, defenses to home foreclosures, and abusive rent-to-own practices; and energy law developments including struggles over adequate federal funding for LIHEAP and the Low Income Weatherization Assistance Program.

    By The National Consumer Law Center

  • Health Care for the Poor

    In 1990, HCFA addressed several Medicaid issues, the Medicare provisions of OBRA-89 began to be implemented, a number of states passed laws providing coverage for the uninsured, and federal legislation expanded coverage for indigent hospital patients and handicapped persons; in addition, courts ruled on a variety of Medicaid, Medicare, and Hill-Burton issues.

    By The National Health Law Program

  • Developments in Mental Disability Law—1990

    Last year, federal courts issued decisions with mixed outcomes for institutionalized people, including two Supreme Court opinions on due process protections and a landmark district court opinion giving access to advocates.

    By The Mental Health Law Project

  • Recent Federal Activity in Disability Law

    The recently passed Americans with Disabilities Act promises sweeping protections against discrimination for millions of Americans with disabilities.

    By Karen Peltz Strauss

  • Medical Treatment for Older People and People with Disabilities

    In 1990, the Supreme Court reviewed a guardian's authority to withhold nutrition and hydration from a permanently disabled incompetent adult, while state courts continued to examine the rights of competent and incompetent patients, including "mature minors," to forgo life-sustaining treatment.

    By The National Legal Center for the Medically Dependent and Disabled

  • 1990 Decisions of the United States Supreme Court: Erosion of Native Tribal and Religious Rights

    This article reviews the Court's decisions in Duro v. Reina and Employment Division, Department of Human Resources of Oregon v. Smith, which signal yet another conservative turn by the Court in matters involving fundamental rights.

    By Steve Moore and Jerilyn DeCoteau

  • Child Support Enforcement in 1990

    New time frame regulations and interstate enforcement of support are cause for optimism about the future of the IV-D system; however, the relationship between IV-D attorneys and their clients continues to be a trouble spot.

    By Paula Roberts

  • The Law of Elderly Poor People in 1990

    Key areas of interest in elder law were expansion of Medicare's Secondary Payor Program, clarification of the right to extended hospital care, implementation of the Medicaid portions of the Medicare Catastrophic Coverage Act of 1988, and implementation of nursing home reform.

    By The National Senior Citizens Law Center

  • Youth Law Developments

    In the past year, courts grappled with parents' rights to effective counsel in termination proceedings, child protection agencies' duty to provide services to prevent foster care placement, and state intervention when a newborn tests positive for drugs the mother used during pregnancy.

    By The National Center for Youth Law

  • Federal Housing Law Developments

    Major developments in housing law in the past year include the elimination of the grievance procedure for public housing tenants in more than 30 states, initiation of the Public Housing Asset Forfeiture Project, and continued battles to save public housing units from demolition or disposition.

    By The National Housing Law Project

  • Prison Law Developments: Alternatives to Incarceration

    In response to the continuing explosion of our nation's prison and jail population and its attendant costs, correctional authorities, legislative bodies, and criminal justice experts are suggesting and implementing alternatives to incarceration.

    By Ruthanne DeWolfe

  • Facing the Local Redevelopment Agency

    In July 1990, the Legal Aid Foundation of Los Angeles filed suit to halt one of the most ambitious redevelopment plans in the country; this suit and the circumstances surrounding it highlight several important issues regarding the redevelopment process when a local redevelopment agency initiates and adopts a development strategy in low-income neighborhoods.

    By The National Economic Development and Law Center

  • Developments in Education Law

    This article describes 1989 and 1990 developments in education law, including special education, school discipline, students of limited English proficiency, and state school finance systems.

    By The Center for Law and Education

  • Welfare Law Developments

    Last year, some of the key changes made by the Family Support Act of 1988 took effect and a new AFDC Quality Control program started; meanwhile, two state courts held that state law requires AFDC agencies to establish realistic need standards.

    By The Center on Social Welfare Policy and Law

  • Farmworker Law Developments in 1990

    Migrant farmworkers continue to face toxic pesticides, subminimum wages, squalid housing, unscrupulous recruitment practices, and unspeakable employment conditions; this article describes legislative and litigation developments.

    By The Migrant Legal Action Program

  • Developments in Employment Rights Under Immigration Law

    Recent changes in the law have broadened antidiscrimination provisions contained in the Immigration Reform and Control Act; this article reviews the basic requirements and discusses new developments in the areas of employment verification, employer sanctions, work authorization, and procedures for pursuing claims of discrimination.

    By The National Immigration Law Center

  • Late-Breaking Legislative Developments Affecting People with Mental Disabilities

    By Joseph Manes