Law Commons^™

Work And Community Engagement: Shifting Services And Supports To Help Individuals Have The Lives They Want, Cindy Thomas, Amie Lulinski, Jennifer Sulewski, Erin Leviton, Thinkwork! At The Institute For Community Inclusion At Umass Boston

All Institute for Community Inclusion Publications

Significant change is underway to insure that services maximize opportunities for full engagement in the community. This session includes two projects, the RRTC on Advancing Employment for Individual with IDD and the Community Life Engagement Project and panelists from MA and DC to discuss the implications of research findings on service transformation and the integration of work and non-work supports to support individuals to have full and productive lives.

'New Conversations About Integrated Employment' Webinars Shine A Fresh Light On Issues In Our Field, Melanie Jordan, Allison Cohen Hall, Thinkwork! At The Institute For Community Inclusion At Umass Boston

All Institute for Community Inclusion Publications

This poster session highlights creative thinking about employment supports. The RRTC on Advancing Employment for Individuals with IDD has launched an interactive and dynamic webinar series with a twist ? to expose participants to new ideas, provoke reactions, and inspire them to think differently about such topics as Employment Professionals as Leaders for Change; the Real Meaning of Informed Choice; and Reframing the Benefits Conversation Around Financial Well-Being.

Provider Transformation And Integrated Employment, Jaimie Ciulla Timmons, Allison Hall, Tom Heinz

All Institute for Community Inclusion Publications

No abstract provided.

Engaging Individuals And Families In Conversations Around Employment, John Kramer, Amie Lulinski, Thinkwork! At The Institute For Community Inclusion At Umass Boston

All Institute for Community Inclusion Publications

Family engagement is key to successful employment and life planning, with parents and siblings often leading their family members with disabilities on the path to employment through their own role modeling and encouragement. Despite what literature says about the true importance of family engagement, many parents lack the knowledge needed to meaningfully participate in employment planning. One critical gap is thinking about financial well-being for their family member with a disability. This session will provide an overview of themes and strategies identified through research on engaging individuals and families in employment planning, followed by a discussion on key gaps around …

Technical Standards And Lawsuits Involving Accommodations For Health Professions Students, Samuel R. Bagenstos

Articles

This article will discuss the legal obligations of medical schools to accommodate applicants and students with disabilities. The article begins by describing the problem of denial of medical education to such students, a problem that results from both discrimination in admissions and denial of accommodations to incumbent students with disabilities. The article then discusses the disability rights legislation that prohibits discrimination against—and requires reasonable accommodation of—qualified medical students with disabilities. It concludes by reviewing a number of lawsuits involving requests for accommodation and how disability rights law was applied in those cases.

Perspectives On The Meaning Of "Disability", Leslie Francis, Anita Silvers

Utah Law Faculty Scholarship

The meaning of “disability” has shifted with changes in public policy. Half a century ago, Congress was convinced that narrow determinations of disability are easy for physicians to make. But with the advent of universal civil rights protection against disability discrimination in the US, deciding whether particular individuals are disabled became increasingly contentious, until Congress intervened. What should now be addressed in each case is not whether the functionally compromised person is severely disabled enough to exercise a right, but whether mitigating interventions and reasonable accommodations can together achieve equitable access for that person.

Section 5: Civil Rights And Liberties, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

From Integrationism To Equal Protection: Tenbroek And The Next 25 Years Of Disability Rights, Samuel R. Bagenstos

Articles

If there is one person who we can say is most responsible for the legal theory of the disability rights movement, that person is Jacobus tenBroek. Professor tenBroek was an influential scholar of disability law, whose writings in the 1960s laid the groundwork for the disability rights laws we have today. He was also an influential disability rights activist. He was one of the founders and the president for more than two decades of the National Federation of the Blind, one of the first-and for many years undisputedly the most effective-of the organizations made up of people with disabilities that …

A Study Of Social Security Disability Litigation In The Federal Courts, Jonah B. Gelbach, David Marcus

All Faculty Scholarship

A person who has sought and failed to obtain disability benefits from the Social Security Administration (“the agency”) can appeal the agency’s decision to a federal district court. In 2015, nearly 20,000 such appeals were filed, comprising a significant part of the federal courts’ civil docket. Even though claims pass through multiple layers of internal agency review, many of them return from the federal courts for even more adjudication. Also, a claimant’s experience in the federal courts differs considerably from district to district around the country. District judges in Brooklyn decide these cases pursuant to one set of procedural rules …

Immigration And Disability In The United States And Canada, Mark Weber

College of Law Faculty

Disability arises from the dynamic between people’s physical and mental conditions andthe physical and attitudinal barriers in the environment. Applying this idea aboutdisability to United States and Canadian immigration law draws attention to barriers toentry and eventual citizenship for individuals who have disabilities. Historically, NorthAmerican law excluded many classes of immigrants, including those with intellectualdisabilities, mental illness, physical defects, and conditions likely to cause dependency.Though exclusions for individuals likely to draw excessive public resources and thosewith communicable diseases still exist in Canada and the United States, in recent yearsthe United States permitted legalization for severely disabled undocumented immigrantsalready in the …

How The Ada Regulates And Restricts Solitary Confinement For People With Mental Disabilities, Margo Schlanger

Other Publications

In a landmark decision two decades ago, United States District Judge Thelton Henderson emphasized the toxic effects of solitary confinement for inmates with mental illness. In Madrid v. Gomez, a case about California’s Pelican Bay prison, Judge Henderson wrote that isolated conditions in the Special Housing Unit, or SHU, while not amounting to cruel and unusual punishment for all prisoners, were unconstitutional for those “at a particularly high risk for suffering very serious or severe injury to their mental health . . . .” Vulnerable prisoners included those with pre-existing mental illness, intellectual disabilities, and brain damage. Henderson concluded that …

Sufficiently Safeguarded?: Competency Evaluations Of Mentally Ill Respondents In Removal Proceedings, Sarah R. Sherman-Stokes

Faculty Scholarship

In this Article, I examine the current regime for making mental competency determinations of mentally ill and incompetent noncitizen respondents in immigration court. In its present iteration, mental competency determinations in immigration court are made by immigration judges, most commonly without the benefit of any mental health evaluation or expertise. In reflecting on the protections and processes in place in the criminal justice system, and on interviews with removal defense practitioners at ten different sites across the United States, I conclude that the role of the immigration judge in mental competency determinations must be changed in order to protect the …

Reproductive Rights And Access To Reproductive Services For Women With Disabilities, Anita Silvers, Leslie Francis, Brittany Badesch

Utah Law Faculty Scholarship

Are women with disabilities owed equitable access to reproductive health services, including family planning, contraception, screening for sexually transmitted infections, maternal health services, and fertility services? Or are there circumstances in which disability is a reason to deny access to such services? Conversely, should women with certain disabilities have access to procedures such as caesarean section or sterilization? May these procedures be recommended just because a woman has a disability or imposed on her if she appears reluctant or unable to consent?

Trending @ Rwu Law: Dean Yelnosky's Post: United States Court Of Appeals For Veterans Claims Visits Rwu Law: 03-03-2016, Michael Yelnosky

Law School Blogs

No abstract provided.

From Mainstreaming To Marginalization? Idea's De Facto Segregation Consequences And Prospects For Restoring Equity In Special Education, Kerrigan O'Malley

Law Student Publications

As a basic construct for recommending measures to correct the prevailing inequities in special education, this comment examines the de facto segregation impact IDEA stemming from the Supreme Court's interpretive rulings and from the Act's own enforcement norms. The analysis further identifies the equality compromising consequences of specific IDEA provisions and considers prospects for restoring equity to special needs service delivery in these areas, with a particular focus on tuition reimbursement for private school. Respecting the historical alignment of the law of race discrimination in education and the law of disability education rights, the analysis identifies inequities that prevail at …

Rheumatoid Arthritis: Painful Motion Is Limited Motion, Tyler Crowe

Law Student Publications

Reporting on Petitti v. McDonald, No. 13-3469, ____ Vet. App. ____ (October 28, 2015): The Court was asked to clarify what constitutes "painful motion" and what evidence the Board of Veterans’ Appeals must consider when making this determination.

The Effects Of Allergies And Anaphylaxis On The Body And Mind: A Survey Of Opinions And Knowledge On These Disorders, Kathryn E. O'Brien

Honors Program: Student Scholarship & Creative Works

Despite common knowledge, allergies and anaphylaxis are considered disabilities. As such, these disorders affect the daily lives of those who have them, including one's mental health. In this paper, all the nuances of allergies and anaphylaxis will be discussed as the etiology and scientific aspects of allergies, anaphylaxis, and hypersensitivity are distinguished from one another. Furthermore, the findings are reported from two surveys; an assessment of how well educated and prepared teachers are for students with allergies and whether other students with food allergies have had similar experiences to the author's and those described in research by other studies concerning …

Merchants And Thieves, Hungry For Power: Prosecutorial Misconduct And Passive Judicial Complicity In Death Penalty Trials Of Defendants With Mental Disabilities, Michael L. Perlin

Articles & Chapters

In spite of the Supreme Court’s decisions in Ford v. Wainwright (1986), Atkins v. Virginia (2002), and Hall v. Florida (2014), persons with severe psychosocial and intellectual disabilities continue to be given death sentences, in some cases leading to actual execution. Although the courts have been aware of this for decades -- dating back at least to the infamous Ricky Rector case in Arkansas -- these base miscarriages of justice continue and show no sign of abating. Scholars have written clearly and pointedly on this issue (certainly, more frequently since the Atkins decision in 2002), but little has changed.

I …

Dying Fast: Suicide In Individuals With Gambling Disorder, Stacey A. Tovino

Scholarly Works

These published remarks carefully document the history of health insurance coverage of gambling disorder. They begin by providing examples of gambling disorder insurance benefit disparities in the contexts of public health care programs and private health plans. They proceed by reviewing the effect of three pieces of legislation, including the Mental Health Parity Act of 1996, the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008, and the Affordable Care Act of 2010, on public and private insurance coverage of gambling disorder. They highlight the partial victory that will occur in some states beginning in …

Use Of Facial Recognition Technology For Medical Purposes: Balancing Privacy With Innovation, Seema Mohapatra

Faculty Scholarship

No abstract provided.

Vexatious Litigants And The Ada: Strategies To Fairly Address The Need To Improve Access For Individuals With Disabilities, Helia Garrido Hull

Faculty Scholarship

No abstract provided.

Politically Correct Eugenics, Seema Mohapatra

Faculty Scholarship

No abstract provided.

Police Officer Perspectives On Intellectual Disability, Danielle Eadens, Ann Cranston-Gingras, Errol Dupoux, Daniel Eadens

EGS Content

As individuals with developmental and intellectual disabilities are increasingly integrated into society, their vulnerability to mishandling by the criminal justice system and police officers intensifies. However, police officer perceptions about persons with intellectual disability remain an under-researched area. In this study, 188 officers from three police districts in the Southeast United States were surveyed using a modified Social Distance Questionnaire (Haring et al., 1983). Results indicate that the majority of police officers surveyed had little or no training with regard to disabilities and that most are willing to interact socially with individuals with intellectual disabilities. Further, this study found that …

The Accessibility For Manitobans Act: Ambitions And Achievements In Antidiscrimination And Citizen Participation, Laverne Jacobs, Britney De Costa, Victoria Cino

Law Publications

The Accessibility for Manitobans Act (AMA) was enacted in December, 2013. Manitoba is the second Canadian province to enact accessibility standards legislation. The first province was Ontario, which enacted the Ontarians with Disabilities Act in 2001, and, later, a more fortified and enforceable Accessibility for Ontarians with Disabilities Act, 2005. The AMA presents a strong set of philosophical and social goals. Its philosophical goals mark accessibility as a human right, and aim to improve the health, independence and well-being of persons with disabilities. The AMA’s social goals have the potential to make a positive impact on the development of equality …

Review Of Alaska Mental Health Statutes, Sara Gordon, Melissa Piasecki, Gil Kahn, Dawn Nielsen

Scholarly Works

This report identifies key statutory provisions that we recommend be amended, a description of our findings based on interviews with stakeholders, legislative history of the Alaska statutes, reviews of national best practices and, where applicable, information about emerging areas in national mental health law for Alaska to consider in creating new law. Our recommendations are based in large part on significant advances in law and medicine in the understanding and treatment of mental illness that have occurred in the years since Alaska last made significant and substantive reforms to its criminal and civil mental health statutes. It is important to …

Accommodating Everyone, Nicole B. Porter

Faculty Publications

This Article attempts to eliminate “special treatment stigma” by accommodating everyone. Special treatment stigma occurs when some employees (usually individuals with disabilities and workers with caregiving responsibilities) are provided with accommodations in the workplace. This receipt of “special treatment” causes employers and coworkers to resent these employees. This Article argues that the best way to ameliorate the stigma that accompanies special treatment in the workplace is to accommodate everyone through a universal accommodation mandate. This mandate would require employers to accommodate all employees who request an accommodation in the workplace, regardless of the reason for the accommodation. As long as …

Statedata: The National Report On Employment Services And Outcomes, 2016, Jean Winsor, Jaimie Ciulla Timmons, John Butterworth, John Shepard, Cady Landa, Frank A. Smith, Daria Domin, Alberto Migliore, Jennifer Bose, Lydia Landim, Thinkwork! At The Institute For Community Inclusion At Umass Boston

All Institute for Community Inclusion Publications

This report provides statistics over 25 years from several national datasets that address the status of employment and economic self-sufficiency for individuals with intellectual and developmental disabilities. The authors use abbreviations for both intellectual disability (ID) and intellectual and developmental disabilities (IDD) in this report. This is because data sources vary in the specific target groups that can be described. Please refer to each chapter for the disability definition used in that chapter. We provide a comprehensive overview that describes national trends in employment for people with IDD, and the appendices provide individual state profiles with data from several sources. …

Data Note: The Engagement Of Young Adults With Intellectual Disabilities In Vocational Rehabilitation: 2010–2014 State Trends, Alberto Migliore, Jean Winsor, Caro Narby, Thinkwork! At The Institute For Community Inclusion At Umass Boston

Data Note Series, Institute for Community Inclusion

In this Data Note, we look at the average number of young adults with intellectual disabilities (ID) who between 2010 and 2014 exited vocational rehabilitation (VR) programs in each of the 50 states and the District of Columbia.

High-Quality Community Life Engagement Supports: Four Guideposts For Success (Engage: A Brief Look At Community Engagement, Issue No. 3, 2016), Jaimie Ciulla Timmons, Jennifer Sullivan Sulewski, Thinkwork! At The Institute For Community Inclusion At Umass Boston

All Institute for Community Inclusion Publications

Community Life Engagement refers to supporting people with intellectual and developmental disabilities (IDD) to access and participate in their communities outside of employment as part of a meaningful day. States and providers report growing numbers of individuals with IDD in Community Life Engagement, yet the role of services related to engagement and participation in community life has to date been largely undefined.

Furthermore, the Department of Justice’s guidance around the provision of day and employment supports in integrated settings (U.S. Department of Justice, 2014; United States v. State of Rhode Island, 2014) has illustrated the need to define and provide …

Policy And State-Level Strategies To Promote Employment (Bringing Employment First To Scale, Issue No. 3), Thinkwork! At The Institute For Community Inclusion At Umass Boston

All Institute for Community Inclusion Publications

At the national level, integrated employment has become an important policy priority. Greater expectations are being placed on those charged with delivering employment supports, and disability systems are responding. However, the promise of integrated employment has yet to be realized for individuals with intellectual and developmental disabilities (IDD). The number of individuals supported in integrated employment by state IDD agencies has remained the same since 2000, participation in non-work services has grown rapidly, and promising practices for employment supports identified in the research are not widely implemented. What are the state-level strategies that can change this trajectory?

This brief: Describes …