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Full-Text Articles in Law

Addressing Mental Disability Head On: The Challenges Of Reasonable Accommodation Requests For Virginia Housing Providers, Haley Fortner May 2024

Addressing Mental Disability Head On: The Challenges Of Reasonable Accommodation Requests For Virginia Housing Providers, Haley Fortner

Washington and Lee Law Review Online

A person’s home should be a sanctuary of safety, security, and comfortability away from the demands of the outside world. Yet for many people living with mental illness, a home can all too easily become a sort of temporary prison. Nowhere is this more apparent than when a housing provider stands in the way of allowing someone with a mental disability the equal opportunity to use and enjoy their home. Fair housing law’s reasonable accommodation requirement works to ensure those living with mental illness receive the accommodations they need in order to live safely and comfortably in their own home. …


Supporting Healthy Futures: Capitalizing On Medicaid’S Epsdt Medical Necessity Standard, Teressa Colhoun Apr 2024

Supporting Healthy Futures: Capitalizing On Medicaid’S Epsdt Medical Necessity Standard, Teressa Colhoun

Washington and Lee Law Review

Youth mental health is in crisis. Children report increased rates of suicidal ideology, depression, and anxiety. Diagnosis rates soar. Pediatric mental health care remains difficult to access. When services are accessible, they are costly—often sending families into medical debt.

This Note discusses Medicaid’s Early and Periodic Screening, Diagnostic, and Treatment (“EPSDT”) benefit. Specifically, it studies the EPSDT benefit’s creation, structure, and administration. This Note focuses on the context in which the EPSDT benefit operates, particularly how health care financing models impact benefit administration. It suggests that the EPSDT benefit has the capacity to address crucial gaps in pediatric mental health …


How To Punish Your Least Favorite Online Influencer: Wellness Checks As Swatting And Their Disproportionate Impact On Marginalized Creators, Tara Blackwell Oct 2023

How To Punish Your Least Favorite Online Influencer: Wellness Checks As Swatting And Their Disproportionate Impact On Marginalized Creators, Tara Blackwell

Washington and Lee Journal of Civil Rights and Social Justice

Marginalized online creators are vulnerable to attacks using digital means of harassment including traditional swatting as well as the abuse of wellness checks that can act as swatting. Enabled by permissive Supreme Court 4th Amendment jurisprudence, malignant online actors have taken advantage of the ramshackle system of wellness checks that sends armed police officers with little training and even less compassion to the doors of individuals with reported mental health crises. This Note focuses on two polarizing influencers who have been subject to wellness check swatting after being very open about their mental health statuses online. This Note argues that …


High Anxiety: Racism, The Law, And Legal Education, Elayne E. Greenberg Jan 2023

High Anxiety: Racism, The Law, And Legal Education, Elayne E. Greenberg

Washington and Lee Journal of Civil Rights and Social Justice

Conspicuously absent from the United States’ ongoing discourse about its racist history is a more honest discussion about the individual and personal stressors that are evoked in people when they talk about racism. What if they got it wrong? The fear of being cancelled -- the public shaming for remarks that are deemed racist -- has had a chilling effect on having meaningful conversations about racism. What lost opportunities!

This paper moves this discussion into the law school context. How might law schools rethink their law school curricula to more accurately represent the role systemic racism has played in shaping …


A Failure To Rehabilitate: Leaving Disability Insurance Out Of The Mental Health Parity Debate, Christopher R. Wilson Mar 2015

A Failure To Rehabilitate: Leaving Disability Insurance Out Of The Mental Health Parity Debate, Christopher R. Wilson

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Taking Pedophilia Seriously, Margo Kaplan Jan 2015

Taking Pedophilia Seriously, Margo Kaplan

Washington and Lee Law Review

This Article pushes lawmakers, courts, and scholars to reexamine the concept of pedophilia in favor of a more thoughtful and coherent approach. Legal scholarship lacks a thorough and reasoned analysis of pedophilia. Its failure to carefully consider how the law should conceptualize sexual attraction to children undermines efforts to address the myriad of criminal, public health, and other legal concerns pedophilia raises. The result is an inconsistent mix of laws and policies based on dubious presumptions. These laws also increase risk of sexual abuse by isolating people living with pedophilia from treatment.

The Article makes two central arguments: (1) although …


What The Governor’S Panel Learned, Aradhana "Bela" Sood Sep 2010

What The Governor’S Panel Learned, Aradhana "Bela" Sood

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Children's Competence To Provide Informed Consent For Mental Health Treatment , Richard E. Redding Mar 1993

Children's Competence To Provide Informed Consent For Mental Health Treatment , Richard E. Redding

Washington and Lee Law Review

No abstract provided.


Justiciability And Mental Health, Lewis H. Larue Mar 1975

Justiciability And Mental Health, Lewis H. Larue

Washington and Lee Law Review

No abstract provided.