Poverty Law News

Attorneys/Legal Services

LSC Grants to Civil Legal Services Providers
The Legal Services Corporation will distribute $303.8 million in grants in 2007 to 138 programs with 900 offices that provide civil legal aid to low-income Americans in all 50 states, the District of Columbia and U.S. territories.

Disaster Assistance

Planning for Evacuation of Transportation-Disadvantaged Populations
The Government Accountability Office has published "Transportation-Disadvantaged Populations: Actions Needed to Clarify Responsibilities and Increase Preparedness for Evacuations."

Elections

Appellate Court Restores Voting Rights of 145,000 Californians
The California Court of Appeal has issued a writ of mandate directing the secretary of state to restore voting rights to 145,000 Californians (mostly young men of color with non-violent felony convictions), who were recently disenfranchised by the attorney general. Plaintiffs in League of Women Voters v. McPherson are challenging the attorney general's opinion that individuals in jail as a condition of felony probation cannot vote.

Education

Hispanic Education in the United States
This statistical brief from the National Council of La Raza provides a summary of data concerning Latinos in the educational pipeline. The report identifies key barriers facing Hispanic students, who continue to have the lowest levels of educational attainment of any ethnic group.

Employment

Plaintiff with Gaps in Employment Covered Under FMLA
In a case of first impression, the First Circuit has held in Rucker v. Lee Holding that an employee who has had a break in service may count previous periods of employment with the same employer as counting toward the 12-month requirement for coverage under the Family and Medical Leave Act (FMLA). The court found that, although the FMLA is ambiguous as to whether previous periods of employment count toward the 12-month requirement, Department of Labor regulations establish that previous periods of employment do count.

Barriers to Employment for People with Criminal Records
Several major cities across the United States (including Boston, Chicago, Minneapolis, San Francisco, St.Paul and the County of Alameda) have adopted significant new policies to limit discrimination in city jobs against people with criminal records. The National Employment Law Project summarizes the new policies and provides links to additional resources.

Health

Profiles of Medicaid's High Cost Populations
This paper from the Kaiser Commission on Medicaid and the Uninsured examines the role that Medicaid plays in addressing six populations (preterm birth babies, foster care children, individuals with spinal cord and traumatic brain injuries, individuals with mental illness, individuals with intellectual and developmental disabilities, and people with Alzheimer's disease) with serious health needs resulting in high costs. For each population profiled, the report describes the condition and the need for services and supports, as well as the role of Medicaid in meeting those needs. Profiles of real people with these conditions are also included with descriptions of model programs or cutting edge practices designed to meet the needs of these individuals.

Medicaid Manual for New Attorneys
The National Health Law Program has published Medicaid for New Attorneys. This primer covers administration of the Medicaid program, Medicaid eligibility, the scope of covered benefits, provider participation and managed care, and key issues and resources for dealing with them.

ERISA Preempts Maryland Health Care Law
In Retail Industry Leaders Association v. Fielder, the Fourth Circuit has held that Maryland's Fair Share Health Care law, which would require employers with more than 10,000 employees to spend at least 8 percent of their total payroll on employees' health insurance costs, is preempted by the Employee Retirement Income Security Act (ERISA). The court of appeals' ruling affirms the district court's order finding the Maryland law unenforceable.

Juveniles

Child Care Advocacy with SEIU in the Ranks
On January 14, 2007, Shriver Center Senior Attorney Dan Lesser delivered the keynote address to the Founding Convention of Early Learning Division, Service Employees International Union Local 925 in Tacoma, Washington.

Welfare

Campaign to Reduce Poverty in America
Calling poverty in America a moral and social crisis for our country and one that threatens the health and economic well-being of both families and our nation as a whole, Catholic Charities has launched a new multi-year initiative to cut poverty in half by 2020. Specific policy areas for focus for congressional action include adequate funding for health care, establishment of a National Housing Trust Fund, strengthening the Food Stamp Program to better assist the working poor and the elderly, and increasing the minimum wage.

Poverty Law News
January 19, 2007