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Articles 1 - 27 of 27
Full-Text Articles in Disability Law
Mental Health In Prison: The Unintended But Catastrophic Effects Of Deinstitutionalization, Felicia Mulholland
Mental Health In Prison: The Unintended But Catastrophic Effects Of Deinstitutionalization, Felicia Mulholland
Touro Law Review
Prisons and jails are not adequately equipped to manage the ever-growing population of mentally ill inmates. Despite deinstitutionalization efforts, prisons have steadily become the new psychiatric hospitals and unfortunately, because of the lack of treatment and the ability to properly supervise this population of inmates, these individuals are dying by their own hands at an alarming rate. This Note argues that the lack of proper care for mentally ill inmates is a violation of their constitutional right, despite their incarcerated status. The Department of Corrections and Community Supervision (DOCCS) should incorporate more concrete and universal rules and regulations for the …
Confidentiality, Warning And Aids: A Proposal To Protect Patients, Third Parties And Physicians
Confidentiality, Warning And Aids: A Proposal To Protect Patients, Third Parties And Physicians
Touro Law Review
No abstract provided.
This Aggression Will Not Stand, Schools: The Need For Federal Legislation Protecting Bullied Students With Disabilities, Russell A. Vogel
This Aggression Will Not Stand, Schools: The Need For Federal Legislation Protecting Bullied Students With Disabilities, Russell A. Vogel
Touro Law Review
A boy with Autism comes home from school, visibly upset. His parents ask him why, and he responds that nobody in his class likes him. To his parents’ horror, they learn that their son’s teacher encouraged a class discussion about why they dislike their son. When the boy’s parents complain to the school about this issue, school administrators brush it aside. The next day, students sitting near the boy move their desks away from him and taunt him for the way he acts every time he tries to socialize with them. The boy then refuses to go to school each …
Improper Distinction Under The Ada Leads To An Irrational Outcome: Favoring One Life Over Another, Daniel Frederick Parise
Improper Distinction Under The Ada Leads To An Irrational Outcome: Favoring One Life Over Another, Daniel Frederick Parise
Touro Law Review
Society has a distorted view of those battling addiction and essentially marks them with a sign of disgrace; however, what society may not fully understand is that addiction is a disability beyond the afflicted individual’s control. The National Survey on Drug Use and Health indicates that 19.7 million Americans have battled a substance use disorder in their life. Of the 19.7 million Americans who battled illicit substance use disorders, approximately seventy-four percent also struggled with alcohol use disorder.
Based on these statistics, it is clear that illicit drug use disorders are often interconnected with alcohol use disorders. However, Congress makes …
Rights And Obligations: Commemorating The 30th Anniversary Of The Americans With Disabilities Act Of 1990, Sharon Shapiro-Lacks
Rights And Obligations: Commemorating The 30th Anniversary Of The Americans With Disabilities Act Of 1990, Sharon Shapiro-Lacks
Touro Law Review
No abstract provided.
How Increased Legal Representation Can Close The Gap In Special Education Discrepancies, Todd Carney
How Increased Legal Representation Can Close The Gap In Special Education Discrepancies, Todd Carney
Touro Law Review
This piece looks at how the existing education regime has led to disparities between white and minority students. The paper finds that the disparity gets even worse when special education is factored in. The reason so many low-income and minority students with disabilities receive such a poor education is that they do not have the proper legal representation to demand the rights that they are guaran- teed under US law. This paper looks at how low-income and minority families have been cheated out of proper legal representation in other areas and how receiving the necessary legal representation can lead to …
The Deliberate Indifference Standard: A Broken Promise To Protect And Serve The Mentally Ill, Katherine R. Carroll
The Deliberate Indifference Standard: A Broken Promise To Protect And Serve The Mentally Ill, Katherine R. Carroll
Touro Law Review
No abstract provided.
As Pertains To The Criminal Justice System, Is Hindsight 20/20?, Syndie G. E. Molina, Cristina Negrillo
As Pertains To The Criminal Justice System, Is Hindsight 20/20?, Syndie G. E. Molina, Cristina Negrillo
Journal of Race, Gender, and Ethnicity
No abstract provided.
The Inconvenience Of Justice: How Unmitigated Official Misconduct Almost Destroyed The Lives Of Five Young Boys From Harlem, Stefania Bordone, David Wright
The Inconvenience Of Justice: How Unmitigated Official Misconduct Almost Destroyed The Lives Of Five Young Boys From Harlem, Stefania Bordone, David Wright
Journal of Race, Gender, and Ethnicity
No abstract provided.
Why America Is Better Off Because Of The Americans With Disabilities Act And The Individuals With Disabilities Education Act, Peter Blanck
Why America Is Better Off Because Of The Americans With Disabilities Act And The Individuals With Disabilities Education Act, Peter Blanck
Touro Law Review
No abstract provided.
“Some Things Are Too Hot To Touch”: Competency, The Right To Sexual Autonomy, And The Roles Of Lawyers And Expert Witnesses, Michael L. Perlin, Alison J. Lynch, Valerie R. Mcclain
“Some Things Are Too Hot To Touch”: Competency, The Right To Sexual Autonomy, And The Roles Of Lawyers And Expert Witnesses, Michael L. Perlin, Alison J. Lynch, Valerie R. Mcclain
Touro Law Review
No abstract provided.
The Future Of Disability Rights Protections For Transgender People, Kevin M. Barry, Jennifer L. Levi
The Future Of Disability Rights Protections For Transgender People, Kevin M. Barry, Jennifer L. Levi
Touro Law Review
No abstract provided.
The Application Of Title Ii Of The Americans With Disabilities Act To Employment Discrimination: Why The Circuits Have Gotten It Wrong, William Brooks
The Application Of Title Ii Of The Americans With Disabilities Act To Employment Discrimination: Why The Circuits Have Gotten It Wrong, William Brooks
Touro Law Review
No abstract provided.
Battling Implicit Bias In The Idea To Advocate For African American Students With Disabilities, Dustin Rynders
Battling Implicit Bias In The Idea To Advocate For African American Students With Disabilities, Dustin Rynders
Touro Law Review
No abstract provided.
Mixed Signals: What Can We Expect From The Supreme Court In This Post-Ada Amendments Act Era?, Nicole Buonocore Porter
Mixed Signals: What Can We Expect From The Supreme Court In This Post-Ada Amendments Act Era?, Nicole Buonocore Porter
Touro Law Review
No abstract provided.
Foreword To The Symposium: Current Issues In Disability Rights Law, Samuel J. Levine
Foreword To The Symposium: Current Issues In Disability Rights Law, Samuel J. Levine
Touro Law Review
No abstract provided.
Sutton V. United Airlines, Inc.: The Supreme Court "Substantially Limits" The Americans With Disabilities Act, Stephanie Beige
Sutton V. United Airlines, Inc.: The Supreme Court "Substantially Limits" The Americans With Disabilities Act, Stephanie Beige
Touro Law Review
No abstract provided.
Summary Judgement In Employment Discrimination Cases In The Eastern District Of New York, Peter J. Ausili
Summary Judgement In Employment Discrimination Cases In The Eastern District Of New York, Peter J. Ausili
Touro Law Review
No abstract provided.
How To Screen For Success In Employment Law Cases, Robert M. Rosen
How To Screen For Success In Employment Law Cases, Robert M. Rosen
Touro Law Review
No abstract provided.
Strategic Evidence Issues In Equal Employment Litigation, Marc Rosenblum
Strategic Evidence Issues In Equal Employment Litigation, Marc Rosenblum
Touro Law Review
No abstract provided.
Shelby, Race, And Disability Rights, Ravi Malhotra
Shelby, Race, And Disability Rights, Ravi Malhotra
Journal of Race, Gender, and Ethnicity
No abstract provided.
Discrimination Cases Of The 2002 Term, Eileen Kaufman
Discrimination Cases Of The 2002 Term, Eileen Kaufman
Touro Law Review
No abstract provided.
The Employment Law Decisions Of The October 2000 Term Of The Supreme Court: A Review And Analysis, Ann C. Hodges, Douglas D. Scherer
The Employment Law Decisions Of The October 2000 Term Of The Supreme Court: A Review And Analysis, Ann C. Hodges, Douglas D. Scherer
Scholarly Works
During the October 2000 Term, the Supreme Court delivered major setbacks for employees in Circuit City Stores, Inc. v. Adams,' which upheld mandatory and binding arbitration of federal and state employment discrimination claims through arbitration clauses forced upon employees as a condition of employment, and in Board of Trustees of the University of Alabama v. Garrett, which shielded state employers from federal court law suits brought under the Americans with Disabilities Act by victims of disability discrimination in employment. Employees escaped harm in Pollard v. E.I du Pont de Nemours & Co., in which the Court followed nearly unanimous circuit …
Discrimination Cases In The Supreme Court’S 1998 Term, Eileen Kaufman
Discrimination Cases In The Supreme Court’S 1998 Term, Eileen Kaufman
Scholarly Works
In the Supreme Court's 1997 Term, the Supreme Court had decided a record number of statutory discrimination cases. However, that record was exceeded in the Supreme Court's 1998 Term with the Court addressing issues arising under Title VII, which covers discrimination in employment; Title IX, which covers discrimination in schools; and most significantly, the Americans with Disabilities Act, which prohibits discrimination based on disability. Overall, the term scored significant victories for employers who were given considerable latitude to set their own physical characteristic standards and who were, to a large extent, immunized from liability for punitive damages. There was an …
Reevaluating Substantive Due Process As A Source Of Protection For Psychiatric Patients To Refuse Drugs, William M. Brooks
Reevaluating Substantive Due Process As A Source Of Protection For Psychiatric Patients To Refuse Drugs, William M. Brooks
Scholarly Works
No abstract provided.
There Goes The Neighborhood: The Evolution Of "Family" In Local Zoning Ordinances, William Graham
There Goes The Neighborhood: The Evolution Of "Family" In Local Zoning Ordinances, William Graham
Touro Law Review
No abstract provided.
Can Mental Health Professionals Predict Judicial Decisionmaking? Constitutional And Tort Liability Aspects Of The Right Of The Institutionalized Mentally Disabled To Refuse Treatment: On The Cutting Edge, Michael L. Perlin
Touro Law Review
No abstract provided.