Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Touro University Jacob D. Fuchsberg Law Center (20)
- Selected Works (9)
- New York Law School (6)
- American University Washington College of Law (3)
- Brooklyn Law School (3)
-
- Saint Louis University School of Law (3)
- St. John's University School of Law (3)
- University of Michigan Law School (3)
- University of Washington School of Law (3)
- Florida A&M University College of Law (2)
- Penn State Dickinson Law (2)
- Schulich School of Law, Dalhousie University (2)
- Seattle University School of Law (2)
- University of Louisville (2)
- University of South Carolina (2)
- William & Mary Law School (2)
- Brigham Young University (1)
- Brigham Young University Law School (1)
- DePaul University (1)
- Fordham University (1)
- Georgetown University Law Center (1)
- Mitchell Hamline School of Law (1)
- Notre Dame Law School (1)
- Nova Southeastern University (1)
- Pepperdine University (1)
- Roger Williams University (1)
- SIT Graduate Institute/SIT Study Abroad (1)
- SJ Quinney College of Law, University of Utah (1)
- Southern Methodist University (1)
- St. Mary's University (1)
- Keyword
-
- ADA (21)
- IDEA (15)
- Discrimination (9)
- Supreme Court (8)
- Americans with Disabilities Act (7)
-
- FAPE (7)
- IEP (7)
- Special education (7)
- Disability (6)
- Children (5)
- Education (5)
- Advocacy (4)
- CRPD (4)
- DOJ (4)
- De minimis (4)
- EEOC (4)
- Endrew F. (4)
- Intellectual disability (4)
- Sanism (4)
- Therapeutic jurisprudence (4)
- ADAAA (3)
- Autism (3)
- Child protection (3)
- Children with disabilities (3)
- DASA (3)
- Disabilities (3)
- Disability Law (3)
- ESSA (3)
- Endrew (3)
- Free appropriate public education (3)
- Publication
-
- Touro Law Review (20)
- Articles & Chapters (6)
- All Faculty Scholarship (4)
- Articles (4)
- Laura Rothstein (4)
-
- Brooklyn Law Review (3)
- Faculty Scholarship (3)
- American University Journal of Gender, Social Policy & the Law (2)
- Articles, Book Chapters, & Popular Press (2)
- Brandeis School of Law Faculty Scholarship (2)
- Dickinson Law Review (2017-Present) (2)
- Faculty Publications (2)
- Journal of Civil Rights and Economic Development (2)
- Seattle University Law Review (2)
- Washington Law Review (2)
- William & Mary Journal of Race, Gender, and Social Justice (2)
- Adeen Postar (1)
- Articles in Law Reviews & Other Academic Journals (1)
- Brigham Young University Journal of Public Law (1)
- Buffalo Human Rights Law Review (1)
- Catholic University Law Review (1)
- College of Law Faculty (1)
- David M. Engel (1)
- Faculty Articles and Papers (1)
- Florida A & M University Law Review (1)
- Fordham Undergraduate Law Review (1)
- Georgetown Law Faculty Publications and Other Works (1)
- Independent Study Project (ISP) Collection (1)
- Intuition: The BYU Undergraduate Journal of Psychology (1)
- Journal of Legislation (1)
- Publication Type
Articles 1 - 30 of 94
Full-Text Articles in Law
The Daily Work Of Fitting In As A Marginalized Lawyer, Kim Brooks
The Daily Work Of Fitting In As A Marginalized Lawyer, Kim Brooks
Articles, Book Chapters, & Popular Press
Despite increased public dialogue about the need for inclusion, marginalized lawyers adjust their behaviour to “fit” in their legal workplaces. In this article, the author presents the results of interviews with lawyers in Canada who self-identify as belonging to a marginalized group based on race, ethnicity, Indigeneity, gender or sexual identity, working-class background, and/or disability. Based on these interviews, the author advances a taxonomy of the five strategies employed by these lawyers to fit in to their workplaces: covering strategies, compensating strategies, mythologizing strategies, passing strategies, and exiting strategies. Marginalized lawyers employ covering strategies, which may be appearance-, affiliation-, advocacy-, …
The Promise And Peril Of Using Disability Law As A Tool For School Reform, Claire Raj
The Promise And Peril Of Using Disability Law As A Tool For School Reform, Claire Raj
Washington Law Review
Advocates have recently devised a radical litigation approach to force broad systemic changes in public schools using the most unlikely of tools: disability law. If they succeed, disability law stands to eclipse any other cause of action as the most effective means of school reform. This novel approach relies on groundbreaking research demonstrating a correlation between Adverse Childhood Experiences (ACEs) that children encounter outside school and the learning challenges they face in school. Focusing on this link, advocates claim that children from impoverished and crime-ridden neighborhoods, by virtue of where they live, have disabilities that entitle them to system-wide school …
Knowledge And Desires Of Parents Of Middle School Students With Intellectual Disability Regarding Inclusive Education Laws And Practices In South Korea: Qualitative Case Study, Yunji Jeong
Special Education ETDs
The purpose of this study was to examine the knowledge and desires of parents of middle school students with ID regarding inclusive education practices and laws in South Korea. I interviewed seven mothers of children with ID who attended South Korean middle school. Three themes emerged including (a) mother-teacher communication, (b) particular knowledge that suppressed further desires for inclusive education, and (c) culture-based advocacy for inclusive education. I discussed these findings based on Confucianism, collectivism, social and medical models of disability, and Rawls’s theory of justice. The mothers neither knew about inclusive education laws nor valued the laws. Instead, they …
Unfit To Be Seen: Customer Preferences And The Americans With Disabilities Act, Craig Westergard
Unfit To Be Seen: Customer Preferences And The Americans With Disabilities Act, Craig Westergard
Brigham Young University Journal of Public Law
No abstract provided.
Resources For Special Education Advocacy, Virginia A. Neisler
Resources For Special Education Advocacy, Virginia A. Neisler
Law Librarian Scholarship
The CDC reports that approximately 1 in 6 children in the United States has a developmental disability.1 Certain types of developmental disabilities are becoming rapidly more prevalent, with autism spectrum disorder affecting 1 in 59 children in 2014 (as compared to 1 in 150 as recently as 2002).2 From 1997 to 2008, all incidences of developmental disabilities in children in the United States increased in prevalence by more than 17 percent.3 This represents a significant part of our population and in recent decades has given rise to a complex system of legal rights and protections for developmentally disabled children that …
Thinking Outside The Checkbox: Examining The Benefits Of Depression In The Workplace, Tyler L. Jensen
Thinking Outside The Checkbox: Examining The Benefits Of Depression In The Workplace, Tyler L. Jensen
Intuition: The BYU Undergraduate Journal of Psychology
No abstract provided.
Don't Say Depression: Specific Diagnosable Injuries Under The Washington Law Againt Discrimination's Privilege Statute, Jack Miller
Washington Law Review
In 2018, the Washington State Legislature amended the Washington Law Against Discrimination (WLAD) to prevent automatic waivers of physician- and psychologist-patient privileges when plaintiffs claim non-economic, emotional distress damages. This legislation appears to be in response to the Washington Court of Appeals’ decision Lodis v. Corbis Holding, Inc.,which held that a plaintiff waives their patient- and psychologist-privilege merely by alleging emotional distress damages. The new law, RCW 49.60.510, prevents waiver unless the plaintiff alleges a specific diagnosable injury, relies on the testimony of a healthcare or psychiatric expert, or claims a “failure to accommodate a disability or discrimination on …
“Not Yet A Priority:” The Intersectional Exploration Of Labor Market Access For People With Disabilities, Anona Neal
“Not Yet A Priority:” The Intersectional Exploration Of Labor Market Access For People With Disabilities, Anona Neal
Independent Study Project (ISP) Collection
Approximately one in four families in Morocco are affected by disability. Of those affected by disability, many are in vulnerable situations, because there is an explicit linkage between having a disability and likelihood of experiencing poverty. The primary reasons for this phenomenon include lack of access to education, employment and health care. Following the Arab Spring, the Moroccan government implemented Article 166 which explicitly banned workplace discrimination against people with disabilities (PWD); however, only 13% of those affected by disability of working age can find employment. In this paper, I investigate the obstacles PWD face that prevent them from accessing …
Texas, The Death Penalty, And Intellectual Disability, Megan Green
Texas, The Death Penalty, And Intellectual Disability, Megan Green
St. Mary's Law Journal
Abstract forthcoming
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.
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
Linda A. Malone
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 …
A Primer On Disability Discrimination In Higher Education, Laura Rothstein
A Primer On Disability Discrimination In Higher Education, Laura Rothstein
Laura Rothstein
This article provides an overview of key issues and a focus on some of the most significant and important recent developments that should be given a high priority by university attorneys and higher education administrators and policymakers. It emphasizes the role that administrators responsible for facilitating or coordinating disability services on campus can play in ensuring that faculty members, staff members, and other administrators have the knowledge and tools to ensure access and also to avoid liability to the institution. Major changes in the Trump administration and Congress may signal changes that could affect disability discrimination issues on campus. These …
A Primer On Disability Discrimination In Higher Education, Laura Rothstein
A Primer On Disability Discrimination In Higher Education, Laura Rothstein
Brandeis School of Law Faculty Scholarship
This article provides an overview of key issues and a focus on some of the most significant and important recent developments that should be given a high priority by university attorneys and higher education administrators and policymakers. It emphasizes the role that administrators responsible for facilitating or coordinating disability services on campus can play in ensuring that faculty members, staff members, and other administrators have the knowledge and tools to ensure access and also to avoid liability to the institution. Major changes in the Trump administration and Congress may signal changes that could affect disability discrimination issues on campus. These …
Selected Bibliography Relating To Law Students And Lawyers With Disabilities, Adeen Postar
Selected Bibliography Relating To Law Students And Lawyers With Disabilities, Adeen Postar
Adeen Postar
No abstract provided.
Advocating For Children With Disabilities In Child Protection Cases, Joshua B. Kay
Advocating For Children With Disabilities In Child Protection Cases, Joshua B. Kay
Articles
Children with disabilities are maltreated at a higher rate than other children and overrepresented in child protection matters, yet most social service caseworkers, judges, child advocates, and other professionals involved in these cases receive little to no training about evaluating and addressing their needs. Child protection case outcomes for children with disabilities tend to differ from those of nondisabled children, with more disabled children experiencing a termination of their parents' rights and fewer being reunified with their parents or placed with kin. They also tend to experience longer waits for adoption. Furthermore, the poor outcomes that plague youth who age …
For Him Who Shall Have Borne The Battle: How The Presumption Of Competence Undermines Veterans’ Disability Law, Chase Cobb
Washington and Lee Journal of Civil Rights and Social Justice
When the Veterans Administration denies a veteran’s claim for disability benefits it often does so based on the opinion of an expert medical examiner—usually a doctor or a nurse. But under a recent federal rule, the VA carries no burden of laying a foundation for the expert medical examiner’s opinion—no burden of establishing the quality of the expert’s education or the depth of her experience; no burden of establishing the scope of the expert’s training or the soundness of her reasoning. Instead, the VA may simply presume the qualifications of its own expert examiner and throw the burden on the …
Law Students With Disabilities: Removing Barriers In The Law School Community, David M. Engel, Alfred S. Konefsky
Law Students With Disabilities: Removing Barriers In The Law School Community, David M. Engel, Alfred S. Konefsky
David M. Engel
No abstract provided.
Limited Choices: How The School-Choice Paradigm Subverts Equal Education For Students With Disabilities, Amanda S. Sen
Limited Choices: How The School-Choice Paradigm Subverts Equal Education For Students With Disabilities, Amanda S. Sen
Maryland Law Review
While there is no absolute right to education in the Constitution of the United States, legislation and litigation have created and elucidated specific rights of children to, at a minimum, equal opportunity in education. For students with disabilities, the right to equality in educational opportunity can be found in both federal statutes and under the Fourteenth Amendment to the Constitution. Rapidly developing education policy currently promotes increasing options for parents to use federal and state funds to send their children to schools other than their neighborhood public schools (“school choice”). However, the specific rights of students with disabilities have been …
Would The Ada Pass Today?: Disability Rights In An Age Of Partisan Polarization, Laura Rothstein
Would The Ada Pass Today?: Disability Rights In An Age Of Partisan Polarization, Laura Rothstein
Laura Rothstein
The Americans with Disabilities Act of 1990 (ADA) was the most significant civil rights legislation enacted since the Civil Rights Act of 1964. It provided comprehensive protection against discrimination for individuals with disabilities in employment, public accommodations, and public services. It built on § 504 of the Rehabilitation Act that provided these protections only to programs receiving federal financial assistance. It afforded broad access to those individuals who had benefitted from the 1975 Individuals with Disabilities Education Act. This complex and far-reaching legislation was made possible by a confluence of timing and the right people at the right place at …
Impartial Hearings Under The Idea: Legal Issues And Answers, Perry A. Zirkel
Impartial Hearings Under The Idea: Legal Issues And Answers, Perry A. Zirkel
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Considering The Costs: Adopting A Judicial Test For The Least Restrictive Environment Mandate Of The Individuals With Disabilities Education Act, Edmund J. Rooney
Considering The Costs: Adopting A Judicial Test For The Least Restrictive Environment Mandate Of The Individuals With Disabilities Education Act, Edmund J. Rooney
Journal of Legislation
No abstract provided.
A Reasonable Solution For Working Parents: Expanding Reasonable Accommodation Under The Americans With Disabilities Act To Parents Of Children With Disabilities, Katherine Lease
William & Mary Journal of Race, Gender, and Social Justice
There is a growing intersection between a woman’s child-rearing and work responsibilities, but federal law inadequately addresses this issue. For mothers who have a child with a disability, they face increased parenting demands, which often lead to detrimental changes in their employment status and negative perceptions of their work ability and commitment. Many women face expectations to simultaneously be the perfect mother and the ideal worker, but this is largely unattainable when faced with the demands of raising a child with a disability.
This Note will explore the development and inadequacy of the current protection against association discrimination, that is, …
Disabling Ada Retaliation Claims, Nicole Buonocore Porter
Disabling Ada Retaliation Claims, Nicole Buonocore Porter
Nevada Law Journal
No abstract provided.
Reflections On Disability Discrimination Policy—25 Years, Laura F. Rothstein
Reflections On Disability Discrimination Policy—25 Years, Laura F. Rothstein
Laura Rothstein
No abstract provided.
Genetic Discrimination: Why Bragdondoes Not Ensure Protection, Laura F. Rothstein
Genetic Discrimination: Why Bragdondoes Not Ensure Protection, Laura F. Rothstein
Laura Rothstein
No abstract provided.
Access Granted: The Winkelman Case Ushers In A New Era In Parental Advocacy, Laura Mcneal
Access Granted: The Winkelman Case Ushers In A New Era In Parental Advocacy, Laura Mcneal
Laura R. McNeal
No abstract provided.
Symposium Current Issues In Disability Rights Law, Samuel J. Levine
Symposium Current Issues In Disability Rights Law, Samuel J. Levine
Samuel J. Levine
No abstract provided.
“There’S Voices In The Night Trying To Be Heard”: The Potential Impact Of The Convention On The Rights Of Persons With Disabilities On Domestic Mental Disability Law, Michael L. Perlin, Naomi M. Weinstein
“There’S Voices In The Night Trying To Be Heard”: The Potential Impact Of The Convention On The Rights Of Persons With Disabilities On Domestic Mental Disability Law, Michael L. Perlin, Naomi M. Weinstein
Brooklyn Law Review
This article carefully examines, through a therapeutic jurisprudence framework, the likely impact of the United States’ ratification of the United Nations Convention on the Rights of Persons with Disabilities (CRPD) on U.S. society’s sanist attitudes towards persons with mental disabilities. Although the United Nations ratified the CRPD—the most significant historical development in the recognition of the human rights of persons with mental disabilities— in 2008, the United States has yet to ratify it. In this article, we consider whether the CRPD, if ratified, is likely to finally extinguish the toxic stench of sanism that permeates all levels of society. We …
Mandatory Reassignment As A Reasonable Accommodation Under The Americans With Disabilities Act Turns “Nondiscrimination Into Discrimination”, Christina M. Loguidice
Mandatory Reassignment As A Reasonable Accommodation Under The Americans With Disabilities Act Turns “Nondiscrimination Into Discrimination”, Christina M. Loguidice
Brooklyn Law Review
This note directly addresses one of the most pertinent and core civil rights issues—employment rights of individuals with disabilities—and proposes a unique contribution to current scholarship. The problem lies in the interpretation of the Americans With Disabilities Act’s provision that suggests that reassignment “may” be a reasonable accommodation, which is defined as any accommodation required for an employee with a disability to equalize success and opportunity in the workplace. The word “may” in the provision creates confusion over whether reassignment is always reasonable. Hence, circuit courts are divided on the issue of whether mandatory reassignment is always a reasonable accommodation …
Selective Hearing: Communication Barriers In The Court System For Deaf And Hard-Of-Hearing Victims Of Rape Or Sexual Assault, Lauren Oberheim
Selective Hearing: Communication Barriers In The Court System For Deaf And Hard-Of-Hearing Victims Of Rape Or Sexual Assault, Lauren Oberheim
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.