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1995 November - December

Arguing Against Utilities' Claim of Federal Preemption of Customer-Service Regulations

By Roger D. Colton

Local utilities seeking to avoid customer-service regulations sought by advocates and consumers may claim that the regulations are preempted by federal law. This column sets forth the responses and analyses available when federal preemption is urged.

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The Amicus Curiae

A Powerful Friend for Poverty Law Advocates

By Gary F. Smith & Beth E. Terrell

Unlike their colleagues in more traditional public interest law firms, poverty law advocates do not often file amicus briefs in litigation involving other parties, nor do they routinely seek the support of sympathetic allies to participate as amici in significant cases brought on behalf of low-income clients. However, through amicus briefs, poverty lawyers can represent their clients' interests and provide the court with a critically different perspective, often in the context of precedent-setting decisions, without formally initiating or intervening in the underlying litigation.

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Update on Using Military Base Closures to Aid Homeless People

By Laurel Weir Download this article   |   Read more ➢

Shelter and Housing

Programs Under the Stewart B. McKinney Homeless Assistance Act

By Maria Foscarinis

The Stewart B. McKinney Homeless Assistance Act is the first and, to date, only major federal response to homelessness. This article briefly reviews the history surrounding the McKinney Act's passage and summarizes the Act as a whole, with particular emphasis on the Act's shelter and housing programs.

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Education of Homeless Children

Barriers, Remedies, and Litigation Strategies

By Greg Ernst & Maria Foscarinis

This article reviews barriers to education that homeless children face, federal law addressing those barriers, litigation to enforce that law, and strategies to consider in advocating on behalf of homeless children.

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Consolidated Plan Advocacy for Affordable Housing and Community Development

By Barbara Junge Download this article   |   Read more ➢

Housing Works

Housing Opportunities for Homeless Persons

By Virginia Shubert & Mary Ellen Hombs

The Housing Works model is based on the premise that safe, stable housing is essential for homeless persons to gain control of their lives and become active participants in their own health care. This article examines this model, its structure, and its record.

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Taking the Measure of Homelessness

Recent Research on Scale and Race

By Kim Hopper

This article examines the impact of recent research on homelessness on the larger issues of homelessness, such as true scale, recurring displacement, race, and poverty.

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The Criminalization of Homelessness in Santa Ana, California

A Case Study

By Harry Simon

Recent events in Santa Ana, California, exemplify how official animus against homeless individuals has led to the criminalization of homelessness in cities throughout the United States.

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The Criminalization of Homelessness

An Overview of Litigation Theories and Strategies

By Maria Foscarinis & Richard Herr

This article surveys recent case law resulting from challenges to laws and policies designed to restrict homeless persons' use of public places and suggests strategies to prevent or reverse the adoption of such policies.

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