Law Commons^™

Book Review Of Bodies Of Difference: Experiences Of Disability And Institutional Advocacy In The Making Of Modern China, Michael Ashley Stein, Penelope J. S. Stein

Faculty Publications

No abstract provided.

Emotional Competence, "Rational Understanding," And The Criminal Defendant, Terry A. Maroney

Vanderbilt Law School Faculty Publications

Adjudicative competence, more commonly referred to as competence to stand trial, is a highly under-theorized area of law. Though it is well established that, to be competent, a criminal defendant must have a "rational" as well as 'factual" understanding of her situation, the meaning of such "rational understanding" has gone largely undefined. Given the large number of criminal prosecutions in which competence is at issue, the doctrine's instability stands in stark contrast to its importance. This Article argues that adjudicative competence, properly understood, asks whether a criminal defendant has capacity to participate meaningfully in the host of decisions potentially required …

Connecting Care And Challenge: Tapping Our Human Potential - Inclusive Education: A Review Of Programming And Services In New Brunswick, A. Wayne Mackay

Reports & Public Policy Documents

Due to the short time frame for this Review, this cannot be considered an exhaustive report. There is however quite a massive volume of information and sources introduced here touching on the particulars required by the Terms of Reference.

In section I we present legal considerations that have an impact on education in various ways, all of which are related to inclusion and the application of equality rights in Canada. Those considerations include accommodation of students with disabilities, the student-teacher relationship, discipline, safe-schools, and a framework for analysis: the new 3 R’s in education: Rights, Responsibilities and Relationships. Included are …

Law Students With Attention Deficit Disorder: How To Reach Them, How To Teach Them, 39 J. Marshall L. Rev. 349 (2006), Robin A. Boyle

UIC Law Review

No abstract provided.

The Elusive Protected Class - Who Is Worthy Under The Americans With Disabilities Act, Elizabeth Fordyce

Villanova Law Review

No abstract provided.

Application Of The Insanity Defense To Postpartum Disorder-Driven Infanticide In The United States: A Look Toward The Enactment Of An Infanticide Act, April J. Walker

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Research To Practice: The National Survey Of Community Rehabilitation Providers, Fy2002-2003 Report 3: Involvement Of Crps In The Ticket To Work And The Workforce Investment Act, Heike Boeltzig, John Butterworth, Dana Scott Gilmore

Research to Practice Series, Institute for Community Inclusion

This Research to Practice brief examines CRP participation in the Ticket to Work and the Workforce Investment Act (WIA). Findings showed that CRPs were more involved in WIA than the Ticket program.

Through The Looking Glass: Judicial Deference To Academic Decision-Making, Douglas K. Rush

Richmond Public Interest Law Review

This paper will review the statutory mandates of Section 504 and the ADA and examine the extent to which courts are willing to defer to institutional decisions concerning program modifications to accommodate learning disabled students. Courts have long recognized that academic decision-makers are entitled to deference, especially when their decisions concern issues related to educational programs. Courts must be vigilant, however, to properly weigh their role as the enforcers of Congressional legislation against the judicial policy of deference to academic decisions. Section I of this article will review the federal statutory and regulatory frameworks governing disability accommodations as they relate …

The Sympathetic Discriminator: Mental Illness, Hedonic Costs, And The Ada, Elizabeth F. Emens

Faculty Scholarship

Social discrimination against people with mental illness is widespread. Treating people differently on the basis of mental illness does not provoke the same moral outrage as that inspired by differential treatment on the basis of race, sex, or even physical disability. Indeed, many people would freely admit preferring someone who does not have a mental illness as a neighbor, dinner party guest, parent, partner, or person in the next seat on the subway. Moreover, more than ten years after the Americans with Disabilities Act (the "ADA" or "Act") expressly prohibited private employers from discriminating on the basis of mental, as …

Emergency Preparedness And Disability, Michael E. Waterstone, Michael Ashley Stein

Faculty Publications

No abstract provided.

Disability, Disparate Impact, And Class Actions, Michael Ashley Stein, Michael E. Waterstone

Faculty Publications

Following Title VII's enactment, group-based employment discrimination actions flourished due to disparate impact theory and the class action device. Courts recognized that subordination that defined a group's social identity was also sufficient legally to bind members together, even when relief had to be issued individually. Woven through these cases was a notion of panethnicity that united inherently unrelated groups into a common identity, for example, Asian Americans. Stringent judicial interpretation subsequently eroded both legal frameworks and it has become increasingly difficult to assert collective employment actions, even against discriminatory practices affecting an entire group. This deconstruction has immensely disadvantaged persons …

Commentary: Mental Health Legislation, Michael L. Perlin

Other Publications

No abstract provided.

Narrative, Disability, And Identity, David Engel, Frank W. Munger

Articles & Chapters

No abstract provided.

The Americans With Disabilities Act And How It Affects Post-Secondary Education, Annette Louise Beck

Graduate Research Papers

The Americans with Disabilities Act and how it affects post-secondary education is what this literature review addresses. The Americans with Disabilities Act of 1990 (ADA) prohibits discrimination against someone with a disability in places of employment and public places. In 1973, the United States Congress passed Section 504 and The Individuals with Disabilities Education Act (IDEA) was passed in 1990. Both helped solidify regulations regarding discrimination by any entity that receives federal funding including educational institutions. The law requires employers or schools to make a change or adjustment in a work or educational setting, program, or job that makes it …

Ethical Health Care, Wendy Parmet, Patricia Illingworth

Wendy E. Parmet

No abstract provided.