March - April 1999

Cover

Covers Social Security and Supplemental Security Income Disability cases involving alcohol or drug use, Tribal Welfare Reform, Violence Against Women Act and proving gender motivation in civil rights remedy claims, utility rate classifications, minimally adequate education, and "Women in the Fields: A Brief Analysis of the Plight of Migrant Farmworker Women."

 
  • Litigating the Right to a Minimally Adequate Education in East St. Louis, Illinois

    The American Civil Liberties Union of Illinois is setting precedent by contending for the plaintiffs in Lewis E. v. Spagnolo that the state's schoolchildren have a right to a minimally adequate education. Instead of challenging funding legislation–once the basis for attacking deplorable school conditions–plaintiffs find authority for the "minimally adequate education" assertion in the federal and state constitutions, Illinois's school code and regulations, and the state's common-law requirement that landowners remedy dangerous conditions on their property.

    By Susan Wishnick and Adam Schwartz

  • Handling Social Security and Supplemental Security Income Disability Cases Involving Alcohol or Drug Use: An Update

    Since 1995, back-to-back legislative changes have made obtaining social security and Supplemental Security Income disability benefits for individuals with substance-abuse problems increasingly difficult. An individual may not be found eligible for these benefits if drug addiction or alcoholism is "material" to the disability determination. In handling these challenging cases, advocates may find it necessary to educate Social Security Administration adjudicators on the relevant law and policy.

    By Linda Landry

  • Tribal Welfare Reform: The Miner's Canary

    As part of federal welfare reform, tribes were given the option of administering their own Temporary Assistance for Needy Families programs. Inclusion of tribal governments in welfare administration both acknowledges tribal sovereignty and allows tribes to address the unique needs of tribal members with greater sensitivity to the economic, geographic, and cultural circumstances of tribal people. Still, tribal governments lack experience in administrating welfare programs, tribes are not given the resources and flexibility they need to assume this important task effectively, and tribal welfare reform does not accord tribal members due process and equal protection against wrongful denial of assistance.

    By Robert J. McCarthy

  • Proving Gender Motivation in Civil Rights Remedy Claims under the Violence Against Women Act

    The civil rights remedy in the Violence Against Women Act creates a federal civil rights cause of action for gender-motivated violent crimes. The civil rights remedy, which permits victims to bring suit against perpetrators for damages, declaratory or injunctive relief, and attorney fees, contains two basic elements of proof. A plaintiff must first establish that she was the victim of a "crime of violence" of sufficient severity. Then she must prove the more nuanced "gender motivation"—a connection between the defendant's violent act and the victim's gender.

    By Julie Goldscheid

  • Utility Rate Classifications and Group Homes as "Residential" Customers

    In the public utility industry, classification as a residential customer may result in consumer protections otherwise not available, as well as bill-payment assistance and lower total monthly bills. Residents of group homes for disabled persons would benefit from their group homes being considered residential for public utility rate classification purposes.

    By Roger D. Colton

  • Women in the Fields: A Brief Analysis of the Plight of Migrant Farmworker Women

    Migrant farmworker women labor in one of the most hazardous occupations in the United States. For a number of reasons they are significantly more vulnerable to social, economic, and civil rights abuses than their male counterparts. They are less likely to speak English, suffer sexual harassment and discrimination by employers, face particular reproductive health risks, and are trapped by cultural attitudes and practices which routinely deny or subordinate their rights, equality, and self-worth. Advocates can help create new protections, push for better enforcement of existing laws and regulations, and inform farmworkers about available assistance and legal remedies.

    By Richard Kamm and Roger Rosenthal