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1997 November - December

The Aftermath of Welfare Reform

SSI Childhood Disability

By Thomas Yates

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.

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Litigation on Restrictions on Supplemental Security Income for Noncitizens

By Gerald A. McIntyre

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.

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

By Cynthia G. Schneider

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.

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Fraudulent Notarios, Document Preparers, and Other Nonattorney Service Providers

Legal Remedies for a Growing Problem

By Deanne Loonin, Kathleen Michon & David Kinnecome

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.

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Class Certification, Section 1983, and More

Decisions Concerning Access to Federal Court During the Supreme Court's 1996–97 Term

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

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.

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