November - December 2002

Cover

The November-December issue includes the annual highlights from the Supreme Court article as well as articles on medicaid eligibility and child support distribution.

 
  • Highlights from the U.S. Supreme Court's 2001–2002 Decisions on Federal Court Access

    A number of decisions of the U.S. Supreme Court during its 2001–2002 term will affect the ability of individuals to gain access to the justice system. Three of these decisions curtail the scope of federal rights and remedies. Four decisions implicate issues of state sovereign immunity. Other notable decisions involve pleading requirements, statutes of limitations, administrative exhaustion, and the scope of judicial deference to agencies' statutory interpretations.

    By Gary F. Smith, Matthew Diller, Gill Deford, and Jane Perkins

  • Less Restrictive Methodologies in Calculating Medicaid Eligibility: A Survey

    States may take advantage of the Social Security Act's Section 1902(r)(2) to vary their methods of determining financial eligibility with "less restrictive methodologies" for counting income and resources.

    By Sarah Jane Somers

  • A Legal Services Response to the HIV Epidemic

    The human immunodeficiency virus (HIV) remains the epidemic of our time, and those serving low-income people will inevitably encounter HIV-infected clients. Drawing on the experience of the South Brooklyn Legal Services HIV Project, the project's director describes the legal problems these clients face and ways to address them.

    By Cynthia J. Schneider

  • If You Don't Know There's a Problem, How Can You Find a Solution?: The Need for Notice and Hearing Rights in Child Support Distribution Cases

    To determine whether the state properly allocated child support payments between the family and the state, custodial and noncustodial parents who are current or former recipients of public assistance need a detailed notice describing what support the state collected and how it distributed the payments. These parents also need access to a hearing procedure to dispute the allocation if they believe that the state made a mistake. The federal constitution, laws, and regulations grant these fundamental due process rights. However, many states do not recognize them, and others have developed procedures that do not afford adequate due process.

    By Paula Roberts

  • Case Management—a Bit of Unsolicited Advice

    An experienced attorney offers "unsolicited advice" to those new to poverty law practice on the mundane but essential tasks of file management. She shows how to maintain calendars and organize client files; she also suggests ways to ensure a long and productive legal services career.

    By Margaret Stapleton

  • Note from the Managing Editor

    Concerns regarding the reauthorization of TANF.

  • Case Reports

    Case reports for this issue are available online only.