Disability Law Commons^™

Let Them Frye: Frye Hearings For Determination Of "Mental Disorders" In The Sexually Violent Persons Act, Hannah Henkel

Journal of Criminal Law and Criminology

Specific laws aimed at the confinement of mentally disabled sexually violent persons have existed for years. Originally, these laws aimed to rehabilitate a person within a mental hospital and help him with his disorders, aiming to help him enter back into society. However, throughout the years, the laws morphed into ways to keep convicted criminals from society after their prison sentence ended for fear of potential future crimes. In Illinois, the courts find a man falls within the sexually violent persons law when he remains too dangerous to be released after his criminal confinement. A person must have a “mental …

Ending-Life Decisions: Some Disability Perspectives, Mary Crossley

Articles

In the forty years since Quinlan, disability has been present in the conversation within medicine, bioethics, and law about the acceptability of death-hastening medical decisions, but it has at times been viewed as an interloper, an uninvited guest to the party, or perhaps the guest whom the host was obliged to invite, but whose presence was not entirely welcomed. Notwithstanding some short-term reversals and counter-currents, the steady arc of end-of-life law during the past four decades has been towards liberalization of ending-life choices by and for patients who are severely compromised or near the end of their lives. During …

The Poverty Of The Neuroscience Of Poverty: Policy Payoff Or False Promise?, Amy L. Wax

All Faculty Scholarship

A recent body of work in neuroscience examines the brains of people suffering from social and economic disadvantage. This article assesses claims that this research can help generate more effective strategies for addressing these social conditions and their effects. It concludes that the so-called neuroscience of deprivation has no unique practical payoff, and that scientists, journalists, and policy-makers should stop claiming otherwise. Because this research does not, and generally cannot, distinguish between innate versus environmental causes of brain characteristics, it cannot predict whether neurological and behavioral deficits can be addressed by reducing social deprivation. Also, knowledge of brain mechanisms yields …

Data Note: Time From Vr Application To Closure In Employment For Adults With Intellectual Disabilities, Alberto Migliore, Uchenna Nwangwu, John Butterworth, Thinkwork! At The Institute For Community Inclusion At Umass Boston

Data Note Series, Institute for Community Inclusion

Getting a job as soon as possible after applying for vocational rehabilitation (VR) services is important for job seekers with intellectual disabilities. This DataNote describes how long it takes for job seekers with intellectual disabilities to go through the steps from application for VR services to determination of eligibility, completion of an individual employment plan, and closure into integrated employment.

Technical Standards And Lawsuits Involving Accommodations For Health Professions Students, Samuel R. Bagenstos

Articles

This article will discuss the legal obligations of medical schools to accommodate applicants and students with disabilities. The article begins by describing the problem of denial of medical education to such students, a problem that results from both discrimination in admissions and denial of accommodations to incumbent students with disabilities. The article then discusses the disability rights legislation that prohibits discrimination against—and requires reasonable accommodation of—qualified medical students with disabilities. It concludes by reviewing a number of lawsuits involving requests for accommodation and how disability rights law was applied in those cases.

The Effects Of Allergies And Anaphylaxis On The Body And Mind: A Survey Of Opinions And Knowledge On These Disorders, Kathryn E. O'Brien

Honors Program: Student Scholarship & Creative Works

Despite common knowledge, allergies and anaphylaxis are considered disabilities. As such, these disorders affect the daily lives of those who have them, including one's mental health. In this paper, all the nuances of allergies and anaphylaxis will be discussed as the etiology and scientific aspects of allergies, anaphylaxis, and hypersensitivity are distinguished from one another. Furthermore, the findings are reported from two surveys; an assessment of how well educated and prepared teachers are for students with allergies and whether other students with food allergies have had similar experiences to the author's and those described in research by other studies concerning …

Data Note: Comparing Vr Outcomes For Individuals With And Without Intellectual Disabilities Who Receive Postsecondary Education Services, John Shepard, Frank A. Smith, Thinkwork! At The Institute For Community Inclusion At Umass Boston

Data Note Series, Institute for Community Inclusion

This Data Note explores the provision of postsecondary education services to vocational rehabilitation customers with and without intellectual disabilities who exited the VR system in FY2014.

Services For People With Intellectual And/Or Developmental Disabilities In The U.S. Territories, John Butterworth, Thinkwork! At The Institute For Community Inclusion At Umass Boston

ThinkWork! Publications

The following report represents an expansion of the data collection activities mandated by a 2012 Administration of Intellectual and Developmental Disabilities (AIDD) Funding Opportunity Announcement (FOA). Prior to 2012, the AIDD funded data projects, Access to Integrated Employment, Family and Individual Information Systems project (FISP), Residential Information Systems Project (RISP) and the State of the States in Developmental Disabilities only collected data from the 50 states and the District of Columbia. The 2012 FOA requested that three of the AIDD data projects work together to include the five U.S. Territories (American Samoa and the Commonwealth of the Northern Marianas Islands, …

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

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 …

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.

We Want To Play Too, Peter J. Titlebaum, Kate Brennan, Tracy Chynoweth

Peter J. Titlebaum

The Americans with Disabilities Act (ADA) requires that persons with disabilities be integrated to the maximum extent possible, and that these persons cannot be excluded from participation. Intramural directors need to be proactive in this area. The benefits of intramural sports are vast, and they help many students become part of the college community. Forming an alliance with the Disability Services on campus, the first step, is the most vital aspect of making these programs successful. It is important to remember the difference between what can be done and what must be done. Even with the best of intentions, it …

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 …

The Impact Of Disability: A Comparative Approach To Medical Resource Allocation In Public Health Emergencies, Katie Hanschke, Leslie E. Wolf, Wendy F. Hensel

Faculty Publications By Year

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 …

Normalizing Disability In Families, Mary Crossley

Articles

In “Selection against Disability: Abortion, ART, and Access,” Alicia Ouellette probes a particularly vexing point of intersection between ART (assisted reproductive technology) and abortion: how negative assumptions about the capacities of disabled persons and the value of life with disability infect both prospective parents’ prenatal decisions about what pregnancies to pursue and fertility doctors’ decisions about providing services to disabled adults. This commentary on Ouellette’s contribution to the symposium titled “Intersections in Reproduction: Perspectives on Abortion and Assisted Reproductive Technologies" first briefly describes Ouellette’s key points and her article’s most valuable contributions. It then suggests further expanding the frame of …

Disability Cultural Competence In The Medical Profession, Mary Crossley

Articles

People with disabilities make up 19% of the U.S. population, and many of them are heavier consumers of health care than people without disabilities. Yet relatively few physicians – the persons responsible for providing medical care to this significant fraction of the patient population – have disabilities themselves, and the percentage of medical students with disabilities is even smaller. This Essay highlights how the relative rareness of doctors with disabilities may contribute to a generally low level of understanding within the medical profession of the social context of disability and how non-medical factors affect the health of people with disabilities. …

Interpreting, Stephanie Jo Kent

Doctoral Dissertations

What do community interpreting for the Deaf in western societies, conference interpreting for the European Parliament, and language brokering in international management have in common? Academic research and professional training have historically emphasized the linguistic and cognitive challenges of interpreting, neglecting or ignoring the social aspects that structure communication. All forms of interpreting are inherently social; they involve relationships among at least three people and two languages. The contexts explored here, American Sign Language/English interpreting and spoken language interpreting within the European Parliament, show that simultaneous interpreting involves attitudes, norms and values about intercultural communication that overemphasize information and discount …

Policy Brief: Keeping All Students Safe Act Of 2014, Nancy Bergerson

Policy Analysis

Senator Harkin (D-IA), Senator Murphy (D-CT), Senator Baldwin (D-WI), and Senator Hirono (D-HI) introduced the Keeping All Students Safe Act (S.2036) in the Senate on Feb. 24, 2014. Rep. Miller (D-CA) introduced H.R. 1893 on May 9, 2013. The Act would produce limitations for the use of restraints in public and private schools. Currently, 19 states have no policies in place to address this issue. The law would require better training, monitoring and enforcement of these standards, as well as the collection of related data which would be available to the public. We are asking you to co-sponsor the Keeping …

A Critical Analysis Of Intellectual Disabilities And End-Of-Life Decision Making, Saritha Farris

Graduate Research Symposium (GCUA) (2010 - 2017)

Presently, research suggests the involvement of individuals with intellectual disabilities (IDs) in making end-of-life (EOL) decisions appears to be minimal (Ellison & Rosielle, 2008).

The reasons for the lack of involvement include but are not limited to communication challenges, lack of education on caring for individuals with IDs by the medical community, incorrect assumptions that the individual lacks cognitive capacity to consent, and fear of legal consequences if formal caregivers are accused of not providing enough care. (Wagemans et al., 2010).

These factors then often culminate in the individual with IDs having decisions made for them by someone else, whom …

Do You Believe He Can Fly? Royce White And Reasonable Accommodations Under The Americans With Disabilities Act For Nba Players With Anxiety Disorder And Fear Of Flying, Michael Mccann

Law Faculty Scholarship

This Article examines the legal ramifications of Royce White, a basketball player with general anxiety disorder and obsessive compulsive disorder, playing in the NBA. White's conditions cause him to have a fear of flying, thus making it difficult to play in the NBA. This subject is without precedent in sports law and, because of the unique aspects of an NBA playing career, lacks clear analogy to other employment circumstances. This dispute also illuminates broader legal and policy issues in the relationship between employment and mental illness.

This Article argues that White would likely fail in a lawsuit against an NBA …

Data Note: Are Young Adults With Intellectual Disabilities Getting Work Experiences From Participating In The Vocational Rehabilitation Program?, Alberto Migliore, Jean Winsor

Data Note Series, Institute for Community Inclusion

To learn about whether young adults with intellectual disabilities in the vocational rehabilitation (VR) program are getting work experience, we examined the age at application of people with intellectual disabilities who exited the VR program in 2012.

Data Note: Vocational Rehabilitation Closure Trends For Individuals With Intellectual Disabilities: A Snapshot Of Five U.S. Territories, Jean Winsor, Daria Domin

Data Note Series, Institute for Community Inclusion

Beginning in FY2013, the Administration on Intellectual and Developmental Disabilities requested that each Project of National Significance include the five primary territories of the United States in data collection and analysis efforts. The five territories included in this analysis are American Samoa, Guam, Northern Marianas, Puerto Rico, and the Virgin Islands of the United States.

Data Note: State Trends In The Vocational Rehabilitation Engagement Of Young Adults With Intellectual Disabilities: 2002-2011, Alberto Migliore, Jean E. Winsor

Data Note Series, Institute for Community Inclusion

Experiencing paid employment during and immediately after high school is a critical step on the path toward economic self-sufficiency in adulthood. Young adults with disabilities interested in gaining employment experiences may seek support from vocational rehabilitation (VR) programs. In this Data Note, we examine the extent to which young adults with intellectual disabilities engage with their state VR programs.

One way for assessing young adult engagement is to look at the number of them who exit the program, which implies that they either applied or were referred to the program. Specifically, we examined the average number of young adults 16 …

Data Note: Shifts In Vr Outcome Trends For Vr Customers With And Without Intellectual Disabilities, Frank A. Smith

Data Note Series, Institute for Community Inclusion

People with intellectual disabilities (ID) aspire to gainful employment1. To assist them with this goal, state vocational rehabilitation (VR) agencies offer employment services based upon Individualized Plans for Employment (IPEs). A commonly used measure of outcomes is the rehabilitation rate, defined as the percentage of individuals exiting the program who have achieved an employment outcome after receiving services with an IPE. This indicator does not consider that not all eligible consumers progress to receive services after an IPE is developed. This occurs for a variety of individual, service, and systems reasons. Reviewing data for eligible consumers who do not receive …

Indicators For Improving Educational, Employment, And Economic Outcomes For Youth And Young Adults With Intellectual And Developmental Disabilities: A National Report On Existing Data Sources, Jennifer Sullivan Sulewski, Agnieszka Zalewska, John Butterworth

All Institute for Community Inclusion Publications

The following report summarizes available national data on educational, employment and economic outcomes for youth and young adults with intellectual disabilities (ID) over the years 2000-2010. These data can be used to benchmark progress in improving these outcomes for young adult population across the country and within individual states. Data is reported separately for two age groups of young adults (16-21 and 22-30) in order to capture possible differences between youth likely to still be receiving school services (through age 21) and those who have moved on from the education system.

Health Disparities Experienced By People With Disabilities In The United States: A Behavioral Risk Factor Surveillance System Study, Jennifer Renee Pharr, Timothy J. Bungum

Public Health Faculty Publications

The Americans with Disabilities Act became law in 1990; since then research has shown that people with disabilities continue to experience barriers to health care. The purpose of this study was to compare utilization of preventive services, chronic disease rates, and engagement in health risk behaviors of participants with differing severities of disabilities to those without disabilities. This study was a secondary analysis of 2010 data collected in the Behavioral Risk Factor Surveillance System national survey in the United States. Rao Chi square test and logistic regression were employed. Participants with disabilities had significantly higher adjusted odds ratios for all …

Data Note: Prevalence Of Youth With Autism Who Received Vocational Rehabilitation Services, Alberto Migliore, Agnieszka Zalewska

Data Note Series, Institute for Community Inclusion

In 2002, about six children aged eight years per every 1000 people in the general population received a diagnosis of autism spectrum disorder (ASD). The corresponding figure in 2008 was about 11 children, a 78% increase in just six years¹.

To better understand how the increasing population of people with autism may impact adult programs, we examined the number of youth with autism served by state vocational rehabilitation programs in 2010. To account for the states' general population sizes, we reported the number of youth with autism served per 100,000 in the state general population (prevalence).

As Figure …

Diagnosing Liability : The Legal History Of Posttraumatic Stress Disorder, Deirdre M. Smith

Faculty Publications

This Article examines the origins of the unique relationship between the psychiatric diagnosis Posttraumatic Stress Disorder (PTSD) and the law and considers the implications of that relationship for contemporary uses of the diagnosis in legal settings. PTSD stands apart from all other diagnoses in psychiatry 's standard classification system, the Diagnostic and Statistical Manual of Mental Disorders (DSM} , and is the focus of significant controversy within psychiatry, because its diagnostic criteria require a determination of causation. By diagnosing a person with PTSD, a clinician necessarily assigns responsibility to a specific event or agent for causing the person 's symptoms, …

Book Review Of Unspeakable: The Story Of Junius Wilson, Michael Ashley Stein, Aviam Soifer

Faculty Publications

No abstract provided.

Rescuing Baby Doe, Mary Crossley

Articles

The twenty-fifth anniversary of the Baby Doe Rules offers a valuable opportunity to reflect on how much has changed during the past two-and-one-half decades and how much has stayed the same, at least in situations when parents and physicians face the birth of an infant who comes into the world with its life in peril.

The most salient changes are the medical advances in the treatment of premature infants and the changes in social attitudes towards and legal protections for people with disabilities. The threshold at which a prematurely delivered infant is considered viable has advanced steadily earlier into pregnancy, …