Skip to main content
ClearingHouse Community
Part of the Sargent Shriver National Center on Poverty Law
Menu ≡

1993 January

Overview of 1992 State Law Changes in Guardianship, Durable Powers of Attorney, Healthcare Decisions, and Home Equity Mortgages

By Erica F. Wood, Lori A. Stiegel, Charles P. Sabatino & Stephanie Edelstein

This article, which is being reprinted with permission from the September/October 1992 Issue of the Elder Law Forum, discusses current state legislation in guardianship, durable powers of attorney, home equity mortgages, and healthcare decisions.

Download this article   |   Read more ➢

Medical Treatment Rights of Older Persons and Persons with Disabilities

1992 Developments (Part 1)

By Daniel Avila

This article, the first of two parts, covers legislative, administrative, and judicial developments at the federal level, and legislative developments at the state level, regarding the medical treatment rights of persons with disabilities. Part 2, to be published in the February 1993 Clearinghouse Review, will cover developments in state courts.

Download this article   |   Read more ➢

The Law of the Elderly Poor in 1992

By The National Senior Citizens Law Center

This article reviews various court decisions and pieces of legislation and regulations enacted in the past year that will have an impact on the rights of the elderly poor. Topics discussed include age discrimination, the Americans with Disabilities Act, elderly housing, employer-sponsored pension and health benefits, home health care, Medicaid, Medicare, nursing facilities, the Older Americans Act, protective services, and social security and SSI benefits.

Download this article   |   Read more ➢

Annual Review of Family Law

By The National Center on Women and Family Law

This article discusses recent developments in family law, particularly state and federal laws and cases concerning battered women's issues, and child support and custody.

Download this article   |   Read more ➢

Health Access

An Issue Whose Time Has Come

By The National Health Law Program

This article discusses both state and federal developments that occurred during 1992 in health-care reform, Medicaid, environmental health, Hill-Burton requirements, AIDS, tuberculosis, continued COBRA coverage, and patient dumping. It gives an overview of new legislative and administrative changes and examines court rulings that will affect these various issues.

Download this article   |   Read more ➢

Recent Developments Affecting Homeless People

By The National Housing Law Project

The definition of "homeless" was revised during 1992 by certain legislation, and steps were taken in some states to criminalize homelessness. Moreover, changes were made in the AFDC-EAF program, the homeless veterans programs, and in evictions and termination assistance to homeless people in emergency shelters and transitional housing programs. This article reviews various developments in 1992, in both legislation and litigation, affecting homeless people's rights.

Download this article   |   Read more ➢

Federal Housing Policies in 1992

By The National Housing Law Project

In 1992 the most significant congressional action was the severe reduction in funding for additional housing assistance for families and individuals with incomes at the poverty level; in addition, there were some favorable statutory changes and a number of positive developments in the courts.

Download this article   |   Read more ➢

Welfare Law Developments

By The Center on Social Welfare Policy and Law

This article reviews welfare developments during the past year, including AFDC and GA benefit reductions, state AFDC demonstration projects with provisions designed to regulate recipients' behavior, child care for AFDC recipients in JOBS programs, electronic benefit transfer systems, and final HHS regulations involving the "minor parent" provision.

Download this article   |   Read more ➢

Farm Worker Law Developments

By The Migrant Legal Action Program

Migrant farm workers won several landmark victories in the courts, as well as in state and federal legislatures, during 1992. This article describes these developments and others relating to FLSA and state wage laws, pesticides, field sanitation, the temporary foreign agricultural worker program, unemployment insurance benefits, food stamps, taxes, and migrant housing.

Download this article   |   Read more ➢

Immigration Law Developments

Relief for Battered Spouses, Widows, and Abandoned Children

By The National Immigration Law Center

This article discusses recent developments in immigration law affecting battered spouses and widows of U.S. citizens, abandoned children, and family members of legalized aliens.

Download this article   |   Read more ➢

Employment Law Developments

By The National Employment Law Project

This year the adoption of three Acts made significant changes in the area of employment law: the Emergency Unemployment Compensation Act extended benefits beyond the 26 weeks available in most states, the Americans with Disabilities Act removed barriers to the entry of workers Into the work force, and the Civil Rights Act of 1991 restored some individual and group employment rights. This article discusses these Acts and other recent developments affecting employment law.

Download this article   |   Read more ➢

Developments in Education Law

By The Center for Law and Education

This article covers developments under the lndividuals with Disabilities Education Act, the Carl D. Perkins Vocational and Applied Technology Education Act Amendments, Chapter 1, the Higher Education Amendments of 1992, and federal education reform.

Download this article   |   Read more ➢

Consumer and Energy Law Developments

By The National Consumer Law Center

Topics discussed in this article are usury and how the definition and interpretation of certain contract terms affect "interest" foreclosure defenses and "truth in lending" rescission; bankruptcy; debt collection and the decision interpreting the Fair Debt Collection Practices Act; the effect of the Higher Education Amendments of 1992 on student loan defaulters; proposed revisions in U.C.C. Articles 2 and 9; the effect of escalating water and sewer rates on low-income consumers; and 1993 funding for the Low-Income Home Energy Assistance Program.

Download this article   |   Read more ➢

Mental Health Developments

By The Mental Health Law Project

This article discusses major developments in mental health law in 1992, including decisions advancing the rights of institutionalized persons with mental disabilities, improved standards for mental health systems, ADA's implications for the treatment of persons with mental disabilities, and mental health programs for children.

Download this article   |   Read more ➢

Food Stamp Program Developments

By Carrie M. Lewis

The 1991 technical amendments to the 1990 Farm Bill changed several significant aspects of the Food Stamp Program, including the application process, eligibility criteria, and grievance procedures. Some of these changes were favorable to clients; some were not. This article discusses these and other legislative changes as well as recent litigation that affects food stamp applicants and recipients.

Download this article   |   Read more ➢

Creating Opportunities through Litigation

Community Economic Development Remedies

By Debbie Chang & Brad Caftel

Incorporating community economic development remedies into litigation can result in relief that benefits not only plaintiffs, but a broader population of low-income residents.

Download this article   |   Read more ➢

Veterans Law Developments

By The National Veterans Legal Services Project

The decisions of the U.S. Court of Veterans Appeals have dramatically changed veterans law. This article summarizes some of CVA's major decisions in 1992, including VA's failure to follow its own rules and regulations and the inapplicability of EAJA to CVA proceedings. It also describes VA's new procedures to implement CVA's decisions. Finally, the article discusses new regulations affecting the Agent Orange class.

Download this article   |   Read more ➢

Youth Law Developments

By The National Center for Youth Law

This article reviews developments in youth law during 1992, including the impact of Artist M., liability of child welfare employees for the safety of children in state custody, implementation of changes mandated in Zebley, the rights of juveniles in institutions, and fair housing for families with children.

Download this article   |   Read more ➢

Paternity Establishment

An Issue for the 1990s

By Paula Roberts

Twenty-seven percent of all children born in America are nonmarital children. With the poverty rate for children of never-married parents at 54 percent in 1989, child support enforcement is an increasingly important Issue. This article discusses reform attempts in the paternity establishment system, since paternity must be established before child support can be obtained.

Download this article   |   Read more ➢

The View from Inside the Heads of Correctional Officials

The Legacy of Resweber

By Ruthanne DeWolfe

Plaintiffs challenging the constitutionality of prison conditions must now establish that prison officials were deliberately indifferent to the inhumane conditions at issue; this article discusses the standard for establishing an Eighth Amendment violation announced in Wilson V. Seller and cases decided under that standard.

Download this article   |   Read more ➢
↑ Go up to the top.