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Articles 1 - 30 of 86
Full-Text Articles in Law
Supporting Employment Consultants In Their Work With Job Seekers. A Longitudinal Study, Alberto Migliore, John Butterworth, Oliver Lyons, Kelly Nye-Lengerman, Paul Foos, Thinkwork! At The Institute For Community Inclusion At Umass Boston
Supporting Employment Consultants In Their Work With Job Seekers. A Longitudinal Study, Alberto Migliore, John Butterworth, Oliver Lyons, Kelly Nye-Lengerman, Paul Foos, Thinkwork! At The Institute For Community Inclusion At Umass Boston
ThinkWork! Publications
BACKGROUND: A key step for increasing the employment outcomes of job seekers with disabilities includes ensuring that employment consultants who assist them have the tools to succeed, including feedback about how they are performing. OBJECTIVE: Supporting employment consultants in their work with job seekers by providing feedback about the implementation of the support strategies recommended in the literature. METHODS: Sixty-one employment consultants completed a daily survey for one year, on their smartphones. RESULTS: Providing supports that lead to hire represented 30% of the employment consultants’ work time. When providing supports that lead to hire, most of the primary interactions were …
Is That Appropriate?: Clarifying The Idea's Free Appropriate Public Education Standard Post-Endrew F., Josh Cowin
Is That Appropriate?: Clarifying The Idea's Free Appropriate Public Education Standard Post-Endrew F., Josh Cowin
Northwestern University Law Review
The Individuals with Disabilities Education Act (IDEA) requires schools to provide all students who qualify for special education services with a free appropriate public education (FAPE). However, the IDEA does not specify how much substantive educational benefit students must be afforded in order to receive a FAPE, leaving this question for the courts. For over thirty years, courts split over the amount of educational benefit that school districts must provide to their special education students, leading to significant confusion and anxiety among parents and school officials regarding their legal rights. The Supreme Court sought to clarify this standard in Endrew …
Wills, Trusts, And Estates, J. William Gray Jr., Katherine E. Ramsey
Wills, Trusts, And Estates, J. William Gray Jr., Katherine E. Ramsey
University of Richmond Law Review
The 2018 Virginia General Assembly enacted legislation to conform the interpretation of wills with trusts, revised the recent trust decanting and augmented estate statutes, and provided a procedure for resolving doctor/patient disputes over appropriate medical care. It also confirmed the creditor protection available for life insurance and annuities, and addressed certain entities’ eligibility for real and personal property tax exemptions, annual disclosures of charitable organizations’ administrative and charitable service expenses, virtual nonstock corporation member meetings, bank directors’ stock holdings, the disposition of unused tax credits at the taxpayer’s death, and fiduciary qualification without surety. The Supreme Court of Virginia handed …
"Wrongful Birth" Claims And The Paradox Of Parenting A Child With A Disability, Sofia Yakren
"Wrongful Birth" Claims And The Paradox Of Parenting A Child With A Disability, Sofia Yakren
Fordham Law Review
“Wrongful birth” is a controversial medical malpractice claim raised by the mother of a child born with a disability against a medical professional whose failure to provide adequate prenatal information denied her the chance to abort. Plaintiff-mothers are required to testify that, but for the defendant’s negligence, they would have terminated their pregnancy. Accordingly, alongside pro-life activists, disability rights advocates have opposed “wrongful birth” claims for stigmatizing and discriminating against people with disabilities by framing their very existence as a harm. Despite plaintiff-mothers’ need for caretaking resources, scholars have recommended solutions ranging from the wholesale elimination of the wrongful birth …
State Employment First Policies #3: Investing In Training And Technical Assistance To Build Capacity In Integrated Employment, Jennifer Bose, Jean Winsor, Jaimie Ciulla Timmons, Thinkwork! At The Institute For Community Inclusion At Umass Boston
State Employment First Policies #3: Investing In Training And Technical Assistance To Build Capacity In Integrated Employment, Jennifer Bose, Jean Winsor, Jaimie Ciulla Timmons, Thinkwork! At The Institute For Community Inclusion At Umass Boston
ThinkWork! Publications
For more than a decade, many states have been developing policies that prioritize integrated employment as the first choice and preferred outcome for individuals with intellectual/developmental disabilities (IDD). Collectively, these actions have been united under the framework of Employment First, a commitment by states and state IDD agencies to the propositions that all individuals with IDD (a) are capable of performing work in typical integrated employment settings, (b) should receive as a matter of state policy employment-related services and supports as a priority over other facility-based and non-work day services, and (c) should be paid at minimum or prevailing wage …
Childhood Obesity And Positive Obligations: A Child Rights-Based Approach, Benedetta Faedi Duramy
Childhood Obesity And Positive Obligations: A Child Rights-Based Approach, Benedetta Faedi Duramy
Seattle University Law Review
Childhood obesity is one of the most serious current public health challenges. Its prevalence has increased at an alarming rate. The World Health Organization estimated that in 2016 the global number of overweight children under the age of five was over 41 million. Although there is widespread concern about the rising rates of childhood obesity, there is not as much consensus on how to address the problem. Obesity has been mostly considered either a matter of personal responsibility or of parental responsibility when it concerns children. Inadequate attention has been given instead to the obligations borne by States to prevent …
The Essential Characteristics Of Successful Organizational Transformation: Findings From A Delphi Panel Of Experts, Oliver Lyons, Jaimie Ciulla Timmons, Allison Cohen Hall, Stephanie Leblois, Thinkwork! At The Institute For Community Inclusion At Umass Boston
The Essential Characteristics Of Successful Organizational Transformation: Findings From A Delphi Panel Of Experts, Oliver Lyons, Jaimie Ciulla Timmons, Allison Cohen Hall, Stephanie Leblois, Thinkwork! At The Institute For Community Inclusion At Umass Boston
ThinkWork! Publications
BACKGROUND: Federal legislation has called for the phasing out of sheltered workshops and the transition to integrated employment, causing providers to struggle with how to adapt their model towards providing community integration services.
Law School News: Appeals Court Hears Labor Arguments At Roger Williams University School Of Law 10-2-2018, Katie Mulvaney, Roger Williams University School Of Law
Law School News: Appeals Court Hears Labor Arguments At Roger Williams University School Of Law 10-2-2018, Katie Mulvaney, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Bringing Employment First To Scale: Support Coordination Strategies That Impact Employment Outcomes And Services For Individuals Served By State Intellectual/Developmental Disabilities Agencies, Barbara Brent, Rie Kennedy-Lizotte, Mary Lee Fay, Thinkwork! At The Institute For Community Inclusion At Umass Boston
Bringing Employment First To Scale: Support Coordination Strategies That Impact Employment Outcomes And Services For Individuals Served By State Intellectual/Developmental Disabilities Agencies, Barbara Brent, Rie Kennedy-Lizotte, Mary Lee Fay, Thinkwork! At The Institute For Community Inclusion At Umass Boston
ThinkWork! Publications
Leadership from NASDDDS and ICI worked together to determine topics for a series of white papers on policies that influence employment outcomes for individuals with IDD. This white paper is the third in a series of five. It provides an overview of strategies that support coordinators, or case managers, use to influence employment outcomes for individuals with IDD who are receiving state funded services.
Bringing Employment First To Scale: Pushing The Integrated Employment Agenda: A Case Study Of Maryland’S High-Performing Employment System, Jean Winsor, Cady Landa, Allison C. Hall, Caro Narby, Thinkwork! At The Institute For Community Inclusion At Umass Boston
Bringing Employment First To Scale: Pushing The Integrated Employment Agenda: A Case Study Of Maryland’S High-Performing Employment System, Jean Winsor, Cady Landa, Allison C. Hall, Caro Narby, Thinkwork! At The Institute For Community Inclusion At Umass Boston
ThinkWork! Publications
This brief summarizes data collected from key informants in Maryland about the state’s efforts to support integrated employment for people with intellectual and developmental disabilities (IDD). It highlights features that contribute to the effectiveness of Maryland’s collaborative structures that have resulted in the state’s success in achieving integrated employment outcomes for individuals with IDD across three state systems: IDD, vocational rehabilitation (VR), and education. Presentation of these features is organized by the seven elements of the Higher-Performing States Employment Framework. These elements have been found to be important in achieving higher rates of competitive integrated employment outcomes for people with …
Dads Are Parents, Too: Why Amending The Pregnancy Discrimination Act Is Necessary For Courts To Determine If A Parental Leave Policy Violates Title Vii, Krista Gay
Brooklyn Journal of Corporate, Financial & Commercial Law
To attract millennials desiring a work-life balance, large companies have begun to offer new parent leave to both male and female employees and commonly offer longer leave to women than men. Although a company may offer pregnancy disability leave to women without offering similar leave to men, if the company classifies the leave as parental bonding leave, it must be offered equally. If it is not, as highlighted by recent lawsuits against JP Morgan and Estée Lauder, a Title VII claim can arise. Historically, courts have had difficulty deciding if such a policy does in fact violate Title VII, because …
Too Ill To Be Killed: Mental And Physical Competency To Be Executed Pursuant To The Death Penalty, Linda A. Malone
Too Ill To Be Killed: Mental And Physical Competency To Be Executed Pursuant To The Death Penalty, Linda A. Malone
Faculty Publications
Mentally ill individuals are being housed in prisons and jails throughout the country. Due to decreased funding and overpopulation of correctional facilities, individuals with pre-existing illnesses, as well as others who develop illnesses, are in severe need of mental health services and punished for their ailments through the use of solitary confinement, long prison sentences, and lack of care. The stress created by such conditions is amplified for mentally ill prisoners who are awaiting execution or the dismissal of their death row sentences. These individuals must show that they are competent to stand trial, exhibit the mental state required for …
Loopholes, Licensing, And Legislation: Considering The Needs Of People With Disabilities In The Autonomous Vehicle Revolution, Caroline Glennie-Smith
Loopholes, Licensing, And Legislation: Considering The Needs Of People With Disabilities In The Autonomous Vehicle Revolution, Caroline Glennie-Smith
Loyola of Los Angeles Entertainment Law Review
Self-driving vehicles have the potential to revolutionize transportation for all Americans and will be especially beneficial for the more than fifty-seven million Americans with a disability. This Note offers a primer on a rapidly-developing area of law and policy that will permanently alter how Americans interact with transportation. While public availability of autonomous vehicles is anticipated as early as next year, widespread use of these vehicles is likely at least a decade away. The lag between current-day prototypes and future widespread public availability provides lawmakers, self-driving vehicle manufacturers, and the disability community an important opportunity to work together to shape …
Fourth Circuit Fumbles The Ball: Spirit Of Disability Rights Compromised In The Wake Of Class V. Townson University, Dave Peterson
Fourth Circuit Fumbles The Ball: Spirit Of Disability Rights Compromised In The Wake Of Class V. Townson University, Dave Peterson
Loyola of Los Angeles Entertainment Law Review
The Fourth Circuit’s recent decision in Class v. Towson University threatens the rights guaranteed to disabled persons under the Americans with Disabilities Act of 1990 (ADA) and the Rehabilitation Act of 1973 (“Rehab Act”). The Acts demand that disabled persons not be excluded from activities based on unsubstantiated paternalistic concerns, and, where exclusion occurs, the Acts entrust courts to evaluate whether exclusion was warranted in light of the best available objective evidence. This Comment argues that by deferring to the speculative fears and subjective judgment of Towson University—the very entity accused of violating the ADA and Rehab Act in Class …
State Employment First Policies #2: Engaging Stakeholders In Development And Implementation, Jennifer Bose, Jean Winsor, Jaimie Ciulla Timmons, Thinkwork! At The Institute For Community Inclusion At Umass Boston
State Employment First Policies #2: Engaging Stakeholders In Development And Implementation, Jennifer Bose, Jean Winsor, Jaimie Ciulla Timmons, Thinkwork! At The Institute For Community Inclusion At Umass Boston
ThinkWork! Publications
This brief is the second in a series focusing on Employment First implementation as it relates to one of the seven elements within the High-Performing States in Integrated Employment model. It looks at the interagency collaboration and partnership element in depth. Interagency partnership and collaboration includes interagency agreements and relationships, provider collaboration, and outreach to stakeholders to ensure that integrated employment is a shared goal.
Case study data was collected for a sub-sample of seven states: Connecticut (CT), Delaware (DE), Kansas (KS), Minnesota (MN), Missouri (MO), Tennessee (TN), and Washington (WA). These states were selected because they represent a wide …
Equality In Germany And The United States, Edward J. Eberle
Equality In Germany And The United States, Edward J. Eberle
San Diego International Law Journal
This Article will proceed as follows. Part I will describe the methodology and approach of American and German equality law. The constitutional Courts of both countries value equality highly, resulting in strong and well developed jurisprudence. Each of the Courts employ a sliding scale of judicial scrutiny with the degree of scrutiny varying with the trait or personal interest affected by the governmental measure. Strict or extremely intensive scrutiny applies to measures targeting personal traits that especially affect a person's identity, like race, national heritage, or alienage under United States law, and race, sex, gender, language, national origin, disability, faith, …
State Laws For Due Process Hearings Under The Individuals With Disabilities Education Act, Perry A. Zirkel
State Laws For Due Process Hearings Under The Individuals With Disabilities Education Act, Perry A. Zirkel
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Puppies, Ponies, Pigs And Parrots: Policies, Practices, And Procedures In Pubs, Pads, Planes And Professions: Where We Live, Work, And Play, And How We Get There: Animal Accommodations In Public Places, Housing, Employment, And Transportation, Laura Rothstein
Laura Rothstein
This is an expanded and updated version of an article published in 23 ANIMAL L.13 (2018). It examines how disability discrimination policy clarifies when animals may be allowed as accommodations in various settings. It provides basic statutory and regulatory framework for these settings, administrative agency guidance, and judicial interpretations of these requirements in various settings. Major settings where animals might be an accommodation are addressed separately, with particular focus on higher education institutions and health care settings.
Bringing Employment First To Scale: Writing For Families: Tips To Increase The Impact Of Training Materials, Jennifer Bose, John Kramer, Thinkwork! At The Institute For Community Inclusion At Umass Boston
Bringing Employment First To Scale: Writing For Families: Tips To Increase The Impact Of Training Materials, Jennifer Bose, John Kramer, Thinkwork! At The Institute For Community Inclusion At Umass Boston
ThinkWork! Publications
This brief covers some of the lessons learned in reviewing literature designed to engage with families about employment. It suggests some tips and strategies to use with families to increase effective involvement and collaboration.
Bringing Employment First To Scale: State Of The Science As A Knowledge Translation Strategy, John Kramer, Caro Narby, Thinkwork! At The Institute For Community Inclusion At Umass Boston
Bringing Employment First To Scale: State Of The Science As A Knowledge Translation Strategy, John Kramer, Caro Narby, Thinkwork! At The Institute For Community Inclusion At Umass Boston
ThinkWork! Publications
To synthesize our findings to date, the ThinkWork team at ICI developed 3 draft papers that captured the core themes from our RRTC on Advancing Employment for Individuals with Intellectual and/or Developmental Disabilities (IDD). We asked experts in the field to weigh in on these papers, and then broadly disseminated the papers to multiple audiences. Our primary goal was to engage with a diverse group with a range of perspectives and experiences, including fellow researchers, state agency employees, rehabilitation providers, and individuals with IDD and their families. To reach this goal we used a Knowledge Translation (KT) process. KT has …
The Pro Bono Collaborative Project Spotlight: Rwu Law Alums Providing Pro Bono Through The Pbc (September 20, 2018), Roger Williams University School Of Law
The Pro Bono Collaborative Project Spotlight: Rwu Law Alums Providing Pro Bono Through The Pbc (September 20, 2018), Roger Williams University School Of Law
Pro Bono Collaborative Staff Publications
No abstract provided.
Building An Evidence-Based, Holistic Approach To Advancing Integrated Employment, Allison C. Hall, John Butterworth, Jean Winsor, John Kramer, Kelly Nye-Lengerman, Jaimie Ciulla Timmons, Thinkwork! At The Institute For Community Inclusion At Umass Boston
Building An Evidence-Based, Holistic Approach To Advancing Integrated Employment, Allison C. Hall, John Butterworth, Jean Winsor, John Kramer, Kelly Nye-Lengerman, Jaimie Ciulla Timmons, Thinkwork! At The Institute For Community Inclusion At Umass Boston
ThinkWork! Publications
Since the introduction of supported employment in the Developmental Disabilities Act of 1984 and the Rehabilitation Act Amendments of 1986, there has been continued development and refinement of best practices in employment services and supports. Progress includes creative outcomes for individuals with significant support needs including customized jobs and self-employment, community rehabilitation providers that have shifted emphasis to integrated employment, and states that have made a substantial investment in Employment First policy and strategy. Despite these achievements, the promise of integrated employment remains elusive for the majority of individuals with intellectual and developmental disabilities. The number of individuals supported in …
Strengthening Employment Services For Job Seekers With Intellectual And Developmental Disabilities (Bringing Employment First To Scale, No 15), Alberto Migliore, Kelly Nye-Lengerman, Oliver Lyons, John Butterworth, Thinkwork! At The Institute For Community Inclusion At Umass Boston
Strengthening Employment Services For Job Seekers With Intellectual And Developmental Disabilities (Bringing Employment First To Scale, No 15), Alberto Migliore, Kelly Nye-Lengerman, Oliver Lyons, John Butterworth, Thinkwork! At The Institute For Community Inclusion At Umass Boston
ThinkWork! Publications
Strengthening the effectiveness of employment services for job seekers with disabilities is key for improving their employment outcomes and their financial self-sufficiency. The purpose of this brief is to examine the quality of employment services available to job seekers with disabilities, and to offer recommendations for improvement. Findings are from a longitudinal study that involved 61 employment 37 employment programs in 17 states. Data were collected through a survey employment specialists, delivered to the job developers, or participants’ business developers. smartphones every work day for one year. Based on these findings and the literature about effective employment support practices, we …
From Storefront To Dashboard: The Use Of The Americans With Disabilities Act To Govern Websites, Kelby S. Carlson
From Storefront To Dashboard: The Use Of The Americans With Disabilities Act To Govern Websites, Kelby S. Carlson
Catholic University Law Review
The question of the effects of technological change on the interpretation of statutes is a complicated one. Particularly for statutes that govern a broad range of issues, the advent of new technology can precipitate re-examination of the rationale behind, and nature of, the relevant law. The Americans with Disabilities Act was enacted, in part, to give Americans with disabilities greater access to public space, allowing them to enjoy the advantages such access offers on an equal footing with the able-bodied. The adoption of digital technology across society and, in particular, the widespread ubiquity of the internet now raise questions about …
Disability Law And Higher Education: A Road Map For Where We've Been And Where We May Be Heading, Laura Rothstein
Disability Law And Higher Education: A Road Map For Where We've Been And Where We May Be Heading, Laura Rothstein
Laura Rothstein
No abstract provided.
Guest Editors' Introduction To The Special Issue, Diversity In Aquatics, Angela K. Beale-Tawfeeq, Steven N. Waller Ph.D., Austin Anderson
Guest Editors' Introduction To The Special Issue, Diversity In Aquatics, Angela K. Beale-Tawfeeq, Steven N. Waller Ph.D., Austin Anderson
International Journal of Aquatic Research and Education
This is the introductory editorial leading off the special issue, "Diversity in Aquatics."
50 Years Later—The State Of Civil Rights And Opportunity In America, Catherine E. Lhamon
50 Years Later—The State Of Civil Rights And Opportunity In America, Catherine E. Lhamon
Minnesota Journal of Law & Inequality
Abridged Transcript, The Summit for Civil Rights, November 9, 2017
Meshing Employment Services, John Kramer, Thinkwork! At The Institute For Community Inclusion At Umass Boston, Nicole Jorwic, Nancy Mercer, Jill Pierce, Kevin Walker
Meshing Employment Services, John Kramer, Thinkwork! At The Institute For Community Inclusion At Umass Boston, Nicole Jorwic, Nancy Mercer, Jill Pierce, Kevin Walker
ThinkWork! Publications
Working with vocational rehab, DDS, and community agencies to secure community employment with the supports you need for success!
“Who Will Judge The Many When The Game Isthrough?”: Considering The Profound Differencesbetween Mental Health Courts And “Traditional”Involuntary Civil Commitment Courts, Michael L. Perlin
“Who Will Judge The Many When The Game Isthrough?”: Considering The Profound Differencesbetween Mental Health Courts And “Traditional”Involuntary Civil Commitment Courts, Michael L. Perlin
Seattle University Law Review
For forty years, we have known that involuntary civil commitment hearings are—in most jurisdictions—“charades.” When the Supreme Court noted, in Parham v. J.R., that the average length of a civil commitment hearing ranged from 3.8 to 9.2 minutes, the reaction of many who had done these cases was, “What? So long?!” The characterization of such hearings as being a “greased runway” to a state institution has never been disputed. Lawyers representing these individuals were bored or contemptuous; judges simply wanted to get cases moving; opposing counsel looked at their wrist watches to see when the cases would be done. This …
The Victimization Of The Misconceived: The Mentally Ill In The Criminal Justice System, Margarita Trejo
The Victimization Of The Misconceived: The Mentally Ill In The Criminal Justice System, Margarita Trejo
Themis: Research Journal of Justice Studies and Forensic Science
It is unfortunate to say that the number of people who suffer from a serious mental illness has been drastically increasing in the criminal justice system since the late 1960s. This drastic change has captivated the minds of the public, forced them to develop a fallacious stereotype, and labeled the mentally ill population as wrongdoers. This image, however, is inaccurate. In reality, these people are the victims of a broken system. This paper establishes the victimization that a person with a serious mental illness experiences as they are processed through the criminal justice system. The following elaborates how victimization is …