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Articles 1 - 27 of 27
Full-Text Articles in Disability Law
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.
Compensating Extra Costs For Persons With Disabilities Through Economic Equality: The U.S. And Swedish Legal Approach In A Human Rights Perspective, James Gilson, Richard Sahlin
Compensating Extra Costs For Persons With Disabilities Through Economic Equality: The U.S. And Swedish Legal Approach In A Human Rights Perspective, James Gilson, Richard Sahlin
James A Gilson
Disabled persons can incur costs that are directly related to their disabilities, and which are often not publicly sponsored through health care insurance, such as Medicare and Medicaid in the U.S. or through targeted support and services administered through the Swedish central government, county councils and municipalities. For purposes of this article such un-covered and un-reimbursed expenses are referred to as “extra costs.” For example, a visually impaired person may pay extra costs for his or her guide dog such as dog food and veterinary care. A person with rheumatism may pay an extra cost for an alternative treatment such …
The Impact Of Disability: A Comparative Approach To Medical Resource Allocation In Public Health Emergencies, Katie Hanschke, Leslie E. Wolf, Wendy F. Hensel
The Impact Of Disability: A Comparative Approach To Medical Resource Allocation In Public Health Emergencies, Katie Hanschke, Leslie E. Wolf, Wendy F. Hensel
Wendy F. Hensel
It is a matter of time before the next widespread pandemic or natural disaster hits the United States (U.S.). The international response to the 2009 H1N1 influenza stands as a cautionary tale about how prepared the world is for such an emergency. Although the pandemic fortunately proved to be less severe than initially anticipated, it nevertheless resulted in shortages of medical equipment, overburdened hospitals, and preventable patient deaths, particularly among young people.
A pandemic will inevitably lead to difficult decisions about the allocation of medical resources, such as who will have priority access to ventilators and critical care beds when …
The Impact Of Disability: A Comparative Approach To Medical Resource Allocation In Public Health Emergencies, Katie Hanschke, Leslie E. Wolf, Wendy F. Hensel
The Impact Of Disability: A Comparative Approach To Medical Resource Allocation In Public Health Emergencies, Katie Hanschke, Leslie E. Wolf, Wendy F. Hensel
Leslie E. Wolf
It is a matter of time before the next widespread pandemic or natural disaster hits the United States (U.S.). The international response to the 2009 H1N1 influenza stands as a cautionary tale about how prepared the world is for such an emergency. Although the pandemic fortunately proved to be less severe than initially anticipated, it nevertheless resulted in shortages of medical equipment, overburdened hospitals, and preventable patient deaths, particularly among young people.
A pandemic will inevitably lead to difficult decisions about the allocation of medical resources, such as who will have priority access to ventilators and critical care beds when …
Aids And Funeral Homes: Common Legal Issues Facing Funeral Directors, 27 J. Marshall L. Rev. 411 (1994), Mark E. Wojcik
Aids And Funeral Homes: Common Legal Issues Facing Funeral Directors, 27 J. Marshall L. Rev. 411 (1994), Mark E. Wojcik
Mark E. Wojcik
No abstract provided.
Civil Rights Have A Place In Conversation, Wendy Hensel
Civil Rights Have A Place In Conversation, Wendy Hensel
Wendy F. Hensel
No abstract provided.
Playing God: The Legality Of Plans Denying Scarce Resources To People With Disabilities In Public Health Emergencies, Wendy F. Hensel, Leslie E. Wolf
Playing God: The Legality Of Plans Denying Scarce Resources To People With Disabilities In Public Health Emergencies, Wendy F. Hensel, Leslie E. Wolf
Leslie E. Wolf
Public health emergencies can arise in a number of different ways. They can follow a natural disaster, such as Hurricane Katrina, the 2004 tsunami, and the recent earthquakes in Haiti and Chile. They may be man-made, such as the September 11 attacks and the anthrax scare. They may also be infectious. While no pandemic flu has yet reached the severity of the 1918 flu, there have been several scares, including avian flu and most recently H1N1. Few questions are more ethically or legally loaded than determining who will receive scarce medical resources in the event of a widespread public health …
Punitive Injunctions, Nirej S. Sekhon
Bridging The Physical-Mental Gap: An Empirical Look At The Impact Of Mental Illness Stigma On Ada Outcomes, Wendy Hensel, Gregory Jones
Bridging The Physical-Mental Gap: An Empirical Look At The Impact Of Mental Illness Stigma On Ada Outcomes, Wendy Hensel, Gregory Jones
Wendy F. Hensel
A plaintiff who seeks redress for disability discrimination under the Americans with Disabilities Act must first show that he or she is "disabled" within the meaning of the statute. There is no question that all plaintiffs have experienced difficulty in making this showing as a result of several Supreme Court decisions narrowing the definition of "disability."Many scholars have argued that courts do not appreciate the social construction of disability and focus too much attention on medical diagnoses and functional limitations rather than the impact of societal attitudes and prejudices. Some scholars have gone further, however, to theorize that individuals alleging …
Valuing Lives: Allocating Scarce Medical Resources During A Public Health Emergency And The Americans With Disabilities Act, Leslie Wolf, Wendy Hensel
Valuing Lives: Allocating Scarce Medical Resources During A Public Health Emergency And The Americans With Disabilities Act, Leslie Wolf, Wendy Hensel
Wendy F. Hensel
Public health emergencies from natural disasters, infection, and man-made threats can present ethically or legally challenging questions about who will receive scarce resources. Federal and state governments have offered little guidance on how to prioritize distribution of limited resources. Several allocation proposals have appeared in the medical literature, but components of the proposed approaches violate federal antidiscrimination laws and ethical principles about fair treatment. Further planning efforts are needed to develop practical allocation guidelines that comport with antidiscrimination laws and the moral commitment to equal access reflected in those laws.
Playing God: The Legality Of Plans Denying Scarce Resources To People With Disabilities In Public Health Emergencies, Wendy F. Hensel, Leslie E. Wolf
Playing God: The Legality Of Plans Denying Scarce Resources To People With Disabilities In Public Health Emergencies, Wendy F. Hensel, Leslie E. Wolf
Wendy F. Hensel
Public health emergencies can arise in a number of different ways. They can follow a natural disaster, such as Hurricane Katrina, the 2004 tsunami, and the recent earthquakes in Haiti and Chile. They may be man-made, such as the September 11 attacks and the anthrax scare. They may also be infectious. While no pandemic flu has yet reached the severity of the 1918 flu, there have been several scares, including avian flu and most recently H1N1. Few questions are more ethically or legally loaded than determining who will receive scarce medical resources in the event of a widespread public health …
Interacting With Others: A Major Life Activity Under The Americans With Disabilities Act?, Wendy Hensel
Interacting With Others: A Major Life Activity Under The Americans With Disabilities Act?, Wendy Hensel
Wendy F. Hensel
No abstract provided.
Home Sweet Home???: Fixing Group Homes For Human Beings Who Have Special Needs, Erik N. Weber
Home Sweet Home???: Fixing Group Homes For Human Beings Who Have Special Needs, Erik N. Weber
Erik N Weber
When I was five years old, doctors who evaluated me for my autism told my parents to put me in an institution for the rest of my life. The doctors saw no hope; they just saw me as something to be warehoused. My parents did put me in an institution, which was college. My lifelong pursuit to help others with special needs to be treated with dignity began when I went with a Christmas Carol choir to sing Carols at a state hospital (“institution”). I saw patients strapped to chairs; they were lethargic, drooling, and no staff were in the …
Remissvar: Psykiatrin Och Lagen – Tvångsvård, Straffansvar Och Samhällsskydd (Sou 2012:17), Titti Mattsson, Ulrika Andersson, Sverker Jönsson, Anna Nilsson
Remissvar: Psykiatrin Och Lagen – Tvångsvård, Straffansvar Och Samhällsskydd (Sou 2012:17), Titti Mattsson, Ulrika Andersson, Sverker Jönsson, Anna Nilsson
Anna Nilsson
Psykiatrilagsutredningens betänkande behandlar grundläggande frågor om vård, tvång, och straffrättslig ansvarsförmåga. Det handlar bl.a. om vem som kan samtycka till vård och behandling, när samhället kan tillgripa tvång för att förhindra någon från att skada sig själv eller annan. Det handlar också om vem som ska anses har förmåga att bära straffrättsligt ansvar för sina handlingar och de rättsliga följderna av (o)tillräknelighet. Samtliga är angelägna frågeställningar. En negativ konsekvens av att centrala straffrättsliga frågor behandlas i relation till personer med psykiska funktionsnedsättningar är emellertid att perspektivet blir alltför snävt i ett socialrättsligt perspektiv. Det saknas principiella överväganden om huruvida och …
Advice To The Next President: The Future Of "Obamacare", Wendy Parmet, Michael Dukakis
Advice To The Next President: The Future Of "Obamacare", Wendy Parmet, Michael Dukakis
Wendy E. Parmet
No abstract provided.
Bridging The Barriers: Public Health Strategies For Expanding Drug Treatment In Communities, Ellen M. Weber
Bridging The Barriers: Public Health Strategies For Expanding Drug Treatment In Communities, Ellen M. Weber
Ellen M. Weber
States around the country have begun to adopt programs to divert drug offenders from jails and prisons to community-based drug treatment services. For this strategy to succeed, local officials will need to expand the availability of outpatient and residential treatment programs and address the barriers to siting treatment services, the most significant of which are community opposition and government zoning policies that facilitate community resistance. Civil rights laws, including the Americans With Disabilities Act (ADA) and the Fair Housing Act (FHA), prohibit zoning discrimination against persons with histories of alcoholism and drug dependence and provide a solid legal foundation for …
Mississippi May Become First U.S. State With No Abortion Clinic, Esmé Deprez, Elizabeth Waibel
Mississippi May Become First U.S. State With No Abortion Clinic, Esmé Deprez, Elizabeth Waibel
Wendy E. Parmet
No abstract provided.
Us Judge Rules Netflix Subject To Disability Act, Hiawatha Bray
Us Judge Rules Netflix Subject To Disability Act, Hiawatha Bray
Wendy E. Parmet
No abstract provided.
Lagstiftningen Om Psykiatrisk Tvångsvård Får Inte Diskriminera, Anna Nilsson, Moa Kindström Dahlin
Lagstiftningen Om Psykiatrisk Tvångsvård Får Inte Diskriminera, Anna Nilsson, Moa Kindström Dahlin
Anna Nilsson
No abstract provided.
Who Gets To Decide? Right To Legal Capacity For Persons With Intellectual And Psychosocial Disabilities, Anna Nilsson
Who Gets To Decide? Right To Legal Capacity For Persons With Intellectual And Psychosocial Disabilities, Anna Nilsson
Anna Nilsson
The right of persons with disabilities to make choices about their lives and enjoy legal capacity on an equal basis with others is one of the most significant human rights issues in Europe today. Being recognised as someone who can make decisions is instrumental in taking control over one’s life and participating in society with others.
Having legal capacity enables us to choose where and with whom we want to live, to vote for the political party we prefer, to have our health care decisions respected, to control our own financial affairs and to have access to cinemas and other …
Disability And Designer Babies, Brigham A. Fordham
Disability And Designer Babies, Brigham A. Fordham
Brigham A Fordham
If deaf parents purposely use new genetic technologies to give their child the genes for deafness, have the parents harmed the child? This and similar questions regarding parents who make genetic choices in favor of disability have preoccupied much of the scholarship regarding new artificial reproductive technologies. Some have argued that we should determine whether a child has been harmed by pondering whether the child's "right to an open future" has been violated by the parents' genetic intervention. If that right is violated, some say, the parents should be subject to tort liability for inflicting a harm upon the child. …
Socialtjänst Och E-Förvaltning. E-Tjänster För Äldre Och Personer Med Funktionshinder, Titti Mattsson
Socialtjänst Och E-Förvaltning. E-Tjänster För Äldre Och Personer Med Funktionshinder, Titti Mattsson
Titti Mattsson
No abstract provided.
Requirements Of A Valid Islamic Marriage Vis-À-Vis Requirements Of A Valid Customary Marriage In Nigeria, Olanike Sekinat Odewale Mrs
Requirements Of A Valid Islamic Marriage Vis-À-Vis Requirements Of A Valid Customary Marriage In Nigeria, Olanike Sekinat Odewale Mrs
Olanike Sekinat Adelakun
Family-Related Issues In Social And Welfare Law. Legal Methods For Research On Children And Families, Titti Mattsson
Family-Related Issues In Social And Welfare Law. Legal Methods For Research On Children And Families, Titti Mattsson
Titti Mattsson
No abstract provided.
Populations, Public Health, And The Law, Wendy Parmet
Populations, Public Health, And The Law, Wendy Parmet
Wendy E. Parmet
No abstract provided.
Children’S Rights To Representation: A Comparison Between Sweden And England, Titti Mattsson, Eva Ryrstedt
Children’S Rights To Representation: A Comparison Between Sweden And England, Titti Mattsson, Eva Ryrstedt
Titti Mattsson
In both England and in Sweden, the approach to a child's right to representation differs between public law cases and private law cases regarding legal custody/parental responsibility, residence or contact. This article discusses the basis for this distinction, and how far it accords with the best interests of the child.
Ethical Health Care, Wendy Parmet, Patricia Illingworth
Ethical Health Care, Wendy Parmet, Patricia Illingworth
Wendy E. Parmet
No abstract provided.