Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Abortion (1)
- Accommiodations (1)
- Accommodations (1)
- Americans with Disabilities Act (1)
- Behavior (1)
-
- Disabilities (1)
- Disability rights (1)
- Discrimiantion (1)
- Disparate treatment (1)
- Health care (1)
- Law reform (1)
- Least restrictive principle (1)
- Mental disability (1)
- Mental health care (1)
- Mnookin (1)
- Neonatal euthanasia (1)
- Normalization (1)
- Parental rights doctrine (1)
- Principle of the least restrictive alternative (1)
- Prisoners (1)
- Prisons (1)
- Rights discourse (1)
- Severe mental disability (1)
- Treatment (1)
- Welfare (1)
Articles 1 - 3 of 3
Full-Text Articles in Disability Law
Prisoners With Disabilities, Margo Schlanger
Prisoners With Disabilities, Margo Schlanger
Book Chapters
A majority of American prisoners have at least one disability. So how jails and prisons deal with those prisoners’ needs is central to institutional safety and humaneness, and to reentry success or failure. In this chapter, I explain what current law requires of prison and jail officials, focusing on statutory and constitutional law mandating non-discrimination, accommodation, integration, and treatment. Jails and prisons have been very slow to learn the most general lesson of these strictures, which is that officials must individualize their assessment of and response to prisoners with disabilities. In addition, I look past current law to additional policies …
A Response To "Two Puzzles", Carl E. Schneider
A Response To "Two Puzzles", Carl E. Schneider
Book Chapters
In his stimulating paper, Professor Mnookin suggests that the legal issue of neonatal euthanasia may be seen in terms of two puzzles: First, what accounts for the ''striking dichotomy between the law on the books, which apparently outlaws such conduct, and the law in action, which apparently permits it"? Second, why has "the treatment of severely handicapped newborns . . . evoked such a violent storm in the last few years"? Professor Mnookin resolves the first puzzle by suggesting that the ''dichotomy between the law on the books and the law in action may serve as a pragmatic, although not …
The Principle Of The Least Restrictive Alternative For Mentally-Retarded Persons: The Constitutional Issues, David L. Chambers
The Principle Of The Least Restrictive Alternative For Mentally-Retarded Persons: The Constitutional Issues, David L. Chambers
Book Chapters
Mentally retarded people are people. When strong reasons exist to treat them differently from other people, they should be provided the necessary services, restraint, or protection through means that intrude as little as possible on their freedom to live the life that others are permitted to live. "Normalization" is the term professionals use to define the goal and the process of helping mentally retarded citizens lead a "normal" life. The attainment of this goal involves undoing the multitude of formal constrictions governments have typically placed on the retarded citizen's freedom: his place of residence, his schooling, his control over his …