Shriver Center - Sargent Shriver National Center on Poverty Law

Class Certification, Section 1983, and More: Decisions Concerning Access to Federal Court During the Supreme Court's 1996–97 Term

This past term the Supreme Court declined to restrict actions under section 1983 and to dissect the doctrine of Ex parte Young. The Court ruled in favor of parents unable to pay court fees in parental termination proceedings and explored the issue of the privatization of services traditionally performed by the government. This article explores some of the major decisions of the Court's 1996–97 term.

By Gill Deford, Matthew Diller, Brian Lawlor, and Yolanda Vera

Participation in Public Preschool Programs by Homeless Children

This article reviews the barriers to preschool education that homeless children face, the Stewart B. McKinney Homeless Act’s education requirements, along with the strategies used to enforce the rights of homeless children.

By Janice Johnson Hunter, Michael Willis, and Maria Foscarinis

Fraudulent Notarios, Document Preparers, and Other Nonattorney Service Providers: Legal Remedies for a Growing Problem

Unscrupulous nonattorney legal service providers often prey upon low-income individuals seeking legal assistance. This article discusses ways to challenge the illegal and deceptive business practices of these practitioners and obtain relief for the victims of nonattorney practitioner fraud.

By Deanne Loonin, Kathleen Michon, and David Kinnecome

Seeking Protective Orders to Avoid the Burden and Expense of Defendant's Request to Depose a Nonresident Plaintiff in the Forum State

Migrant farmworkers suing their former employers may be called upon to appear in the forum state for their depositions when they are not in the area. Under Federal Rule of Civil Procedure 26(c), plaintiff may be able to show that defendant's taking of an oral deposition of a nonresident plaintiff in the forum state would be unduly burdensome.

By Cynthia G. Schneider

Litigation on Restrictions on Supplemental Security Income for Noncitizens

The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 drastically limits the availability of Supplemental Security Income benefits for legal immigrants, and these limits are based solely on alienage. This article explores developments in the various circuits in cases brought to protect certain noncitizens from being denied benefits that provide subsistence.

By Gerald McIntyre

The Aftermath of Welfare Reform: SSI Childhood Disability

The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 provided a new statutory definition of disability for children claiming Supplemental Security Income benefits and directed the Social Security Administration to make changes in the way it evaluates childhood disability claims. This article describes the new childhood disability sequential evaluation and the redetermination and appeals process.

By Thomas Yates

Partnerships and Community in Rural Areas: Keeping Legal Services a Going Concern

This column describes how the Pro Bono Project in rural Tennessee has dealt with the many changes in the legal services community over the past few years. It stresses the importance of community involvement as the pathway to finding volunteers for the poor.

By J. Steven Xanthopoulos and Linda Warren Seely

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November - December 1997