Law Commons^™

Rwu Law Launches Legal Clinic For Disabled Veterans, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

A Female Disease: The Unintentional Gendering Of Fibromyalgia Social Security Claims, Dara Purvis

Dara Purvis

Social Security disability claims are not supposed to be decided based on the gender of the applicant. Reliance on the apparently neutral mechanism of clinical medical evidence, however, has a disproportionate impact on women bringing disability claims based on fibromyalgia. Recognizing and identifying disability has been delegated by Congress and the Social Security Administration almost entirely to physicians, based upon a misguided and mistaken belief that clinical medical evidence evaluated by a trained physician will answer with certainty whether an individual claimant is capable of working. Fibromyalgia, a diffuse syndrome characterized by excess pain that is overwhelmingly diagnosed in women …

Sexuality And Incapacity, Alexander Boni-Saenz

All Faculty Scholarship

No abstract provided.

How Teaching About Therapeutic Jurisprudence Can Be A Tool Of Social Justice, And Lead Law Students To Personally And Socially Rewarding Careers: Sexuality And Disability As A Case Example, Michael L. Perlin, Alison J. Lynch

Nevada Law Journal

No abstract provided.

The Hidden Psychology Of Constitutional Criminal Procedure, Tonja Jacobi, Jesse-Justin Cuevas

Tonja Jacobi

There is vast empirical evidence of the difference in men and women’s perceptions of and responses to police authority, their speech patterns and conduct. Yet these differences are rarely reflected in constitutional criminal procedure law, despite many of its rules hinging on a person’s manner of expression or subtleties of behavior. Similar evidence exists for the systematic impact of juvenile status and intellectual disability, but only modest and ad hoc consideration has been given to these factors. The result is that the “reasonable person” is actually implicitly a white male, adult and able-minded. His speech and conduct are treated as …

Why Do Political Societies Exist?, Peter J. Aschenbrenner

Peter J. Aschenbrenner

Our Constitutional Logic details three overarching purposes of political societies considered as constructs within civil or bourgeois society: (1) promoting of private wealth (and its counterpart goal: avoiding wealth destruction); (2) disabling hostility to minorities identified as such; (3) setting a threshold by which minorities (in coalition) may block organic change.

Post-9/11 Veterans: Welcoming Them Home As Colleagues And Clients, Patricia E. Roberts

Faculty Articles

No abstract provided.

Increasing Organizational Accountability And Performance: Activity Tracking For Employment Consultants, Alberto Migliore, Kelly Nye-Lengerman, Jeanine Pavlak, Steve Aalto, Thinkwork! At The Institute For Community Inclusion At Umass Boston

ThinkWork! Publications

No abstract provided.

There's No Place Like Work: How Modern Technology Is Changing The Judiciary's Approach To Work-At-Home Arrangements As An Ada Accommodation, Benjamin D. Johnson

University of Richmond Law Review

No abstract provided.

Classifying Obesity As A Disability Under The Americans With Disabilities Act: How Seff V. Broward County Is Incongruent With Recent Ada Litigation, Maura Flaherty Mccoy

Catholic University Law Review

This Note discusses how employer wellness programs are potential breeding grounds for Americans with Disabilities Act discrimination claims in light of recent ADA cases relating to obesity and how courts’ treatment of the safe harbor provision of the ADA is incongruent with the broadening of ADA claims. It looks at the provisions of the ADA and how courts have traditionally defined “disability” in obesity cases, describes the ADA safe harbor provision, and discusses the advent of corporate wellness programs. This Note then analyzes Seff v. Broward County, the most notable wellness program case to-date, and how the court’s decision …

National & International Disability Inclusion In Employment, Debrittany Mitchell, Heike Boeltzig-Brown, Quinn Barbour

Office of Community Partnerships Posters

Through research, technical assistance, training and collaboration the Institute for Community Inclusion strives to improve employment outcomes for individuals both nationally and internationally. The following highlights some of the work currently in progress in the United States and Japan.

The Aba Got It Right: Veterans Need Our Help, Patricia E. Roberts

Faculty Articles

No abstract provided.

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.

Temporal Arbitrariness: A Back To The Future Look At A Twenty-Five-Year-Old Death Penalty Trial, Mary Kelly Tate

University of Richmond Law Review

No abstract provided.

The Role Of Race, Poverty, Intellectual Disability, And Mental Illness In The Decline Of The Death Penalty, Stephen B. Bright

University of Richmond Law Review

No abstract provided.

Interrogation Policies, Brandon L. Garrett

University of Richmond Law Review

No abstract provided.

The Future Of The Death Penalty In The United States, Richard C. Dieter

University of Richmond Law Review

No abstract provided.

Future Harm As A Current Disability: Insurance Coverage For A Risk Of Substance Abuse Relapse Under Erisa, Jonah Kind

Northwestern University Law Review

No abstract provided.

Coming Out Of The Shadows Of Sheltered Workshops And Subminimum Wage: Exploring The Exploitation Of Disabled Workers Under Section 214(C) Of The Fair Labor Standards Act, Jillian Guilfoyle

Louis Jackson National Student Writing Competition

No abstract provided.

Every Day Counts: Proposals To Reform The Idea's Due Process Structure, Elizabeth Shaver

Akron Law Faculty Publications

It is a core principle of special education legislation that the parents of children with disabilities can challenge the child’s educational programming through an administrative due process hearing. Yet, for years the special education due process structure has been criticized as inefficient, anti-collaborative, and prohibitively expensive. Those criticisms have given rise to widely varying proposals to reform special education due process, proposals that range from adding certain alternative dispute resolution mechanisms to a wholesale replacement of the due process structure. This article provides a comprehensive analysis of special education dispute resolution. The article first examines the lively debate among scholars …

The Importance Of Work Or Productive Activity In Life Care Planning And Case Management, Christine Reid, Susan Riddick-Grisham

Christine A. Reid

INTRODUCTION: The importance of work or productive activity for the well-being, community integration, and quality of life of people living with disabilities is addressed, with implications for life care planning and case management. BACKGROUND: The role of work or productive activity in our society, and consequences of deprivation if rehabilitation services do not address vocational effects of disabilities, is explored. A continuum of productivity options is introduced; types of vocational rehabilitation assessment processes and interventions are described. PURPOSE: The role of vocational rehabilitation services in life care planning and case management is discussed, focusing on quality of life for people …

Every Day Counts: Proposals To Reform The Idea's Due Process Structure, Elizabeth Shaver

Elizabeth Shaver

It is a core principle of special education legislation that the parents of children with disabilities can challenge the child’s educational programming through an administrative due process hearing. Yet, for years the special education due process structure has been criticized as inefficient, anti-collaborative, and prohibitively expensive. Those criticisms have given rise to widely varying proposals to reform special education due process, proposals that range from adding certain alternative dispute resolution mechanisms to a wholesale replacement of the due process structure.

This article provides a comprehensive analysis of special education dispute resolution. The article first examines the lively debate among scholars …

Submission To The Senate Community Affairs References Committee Inquiry Into Violence, Abuse And Neglect Against People With Disability In Institutional And Residential Settings, Including The Gender And Age Related Dimensions, And The Particular Situation Of Aboriginal And Torres Strait Islander People With Disability, And Culturally And Linguistically Diverse People With Disability (26 June), Linda Roslyn Steele

Faculty of Law, Humanities and the Arts - Papers (Archive)

This submission is made to the Senate Community Affairs References Committee’s (‘Senate Committee’) inquiry into violence, abuse and neglect against people with disability in institutional and residential settings, including the gender and age related dimensions, and the particular situation of Aboriginal and Torres Strait Islander people with disability, and culturally and linguistically diverse people with disability (‘the Senate Inquiry’).

Data Note: State Intellectual And Developmental Disability Agencies' Service Trends, Jean Winsor, Thinkwork! At The Institute For Community Inclusion At Umass Boston

Data Note Series, Institute for Community Inclusion

In FY2013, an estimated 607,959 individuals received day or employment supports from state IDD program agencies. This number grew from 457,405 in FY1999. The estimated number of individuals in integrated employment services increased from 108,680 in FY1999 to 113,271 in FY2013. State investment continues to emphasize facility-based and non-work services, rather than integrated employment services. Figure 1 shows the trends in the percentage of people served in integrated employment and facility-based and non-work settings between FY2004 and FY2013.

Creating A "Building A Disability Rights Information Center For Asia And The Pacific Clinic": Pedagogy And Social Justice, Michael L. Perlin, Catherine Barreda, Katherine Davies, Mehgan Gallagher, Nicole Israel, Stephanie Mendelsohn

Marquette Benefits and Social Welfare Law Review

This article describes the work done by the lead author and his students in the creation of the Disability Rights Information Center for Asia and the Pacific (DRICAP), as part of the work the lead author has been doing with colleagues (especially Yoshikazu Ikehara, Esq., director of the Tokyo Advocacy Law Office) for several years to create a Disability Rights Tribunal for Asia and the Pacific (DRTAP). DRICAP’s centerpiece is the creation of a website collecting statutes, regulations, scholarly articles, advocacy news, and case law from selected Asian and Pacific nations. This work was done through a clinic created by …

Vets Just Want Fair Benefits, Patricia E. Roberts

Faculty Articles

No abstract provided.

Processing Disability, Jasmine E. Harris

All Faculty Scholarship

This Article argues that the practice of holding so many adjudicative proceedings related to disability in private settings (e.g., guardianship, special education due process, civil commitment, and social security) relative to our strong normative presumption of public access to adjudication may cultivate and perpetuate stigma in contravention of the goals of inclusion and enhanced agency set forth in antidiscrimination laws. Descriptively, the law has a complicated history with disability — initially rendering disability invisible, later, legitimizing particular narratives of disability synonymous with incapacity, and, in recent history, advancing full socio-economic visibility of people with disabilities. The Americans with Disabilities Act, …

What Patients With Disabilities Teach Us About The Everyday Ethics Of Health Care, Elizabeth Pendo

All Faculty Scholarship

In Healers: Extraordinary Clinicians at Work, by David Schenck and Dr. Larry Churchill, and in What PatientsTeach: The Everyday Ethics of Health Care, their follow-up with Joseph Fanning, the authors look at theeveryday experience of health care and the relationships that shape it. This article expands upon that inquiry by exploring the experiences and challenges of patients with disabilities and by exploring what patients withdisabilities can teach us about the everyday ethics of health care.

The authors of What Patients Teach provide a framework in which to focus on the everyday experience ofhealth care from the perspective of patients. This …

Integrating The Internet, Brad Areheart

College of Law Faculty Scholarship

This Article argues that the paradigmatic right of people with disabilities “to live in the world” naturally encompasses the right “to live in the Internet.” It further argues that the Internet is rightly understood as a place of public accommodation under antidiscrimination law. Because public accommodations are indispensable to integration, civil rights advocates have long argued that marginalized groups must have equal access to the physical institutions that enable one to learn, socialize, transact business, find jobs, and attend school. The Web now provides all of these opportunities and more, but people with disabilities are unable to traverse vast stretches …

The Disability-Employability Divide: Bottlenecks To Equal Opportunity, Brad Areheart

College of Law Faculty Scholarship

Joseph Fishkin’s new book, Bottlenecks, reinvigorates the concept of equal opportunity by simultaneously engaging with its complications and attempting to simplify its ambitions. Fishkin describes bottlenecks as narrow spaces in the opportunity structure through which people must pass if they hope to reach a range of opportunities on the other side. A significant component of the American opportunity structure that Bottlenecks leaves largely unexplored, however, relates to people with disabilities. This Review applies Fishkin’s theory to explore how disability law creates and perpetuates bottlenecks that keep people with disabilities from achieving a greater degree of human flourishing. In particular, disability …