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Articles 1 - 14 of 14
Full-Text Articles in Disability Law
Rape Of The Mentally Deficient: Satisfaction Of The Nonconsent Element, 15 J. Marshall L. Rev. 115 (1982), Susan Brody
Rape Of The Mentally Deficient: Satisfaction Of The Nonconsent Element, 15 J. Marshall L. Rev. 115 (1982), Susan Brody
Susan L. Brody
No abstract provided.
The Present King Of France Is Feeble-Minded: The Logic And History Of The Continuum Of Placements For People With Intellectual Disabilities, Philip Ferguson
The Present King Of France Is Feeble-Minded: The Logic And History Of The Continuum Of Placements For People With Intellectual Disabilities, Philip Ferguson
Philip M. Ferguson
This chapter focuses on the logic and history of the continuum of placements for people with intellectual disabilities.
Disqualifiying Universality Under The Americans With Disabilities Act Amendments Act, Michelle Travis
Disqualifiying Universality Under The Americans With Disabilities Act Amendments Act, Michelle Travis
Michelle A. Travis
This Article reveals a new resistance strategy to disability rights in the workplace. The initial backlash against the Americans with Disabilities Act of 1990 (ADA) targeted protected class status by characterizing the ADA's accommodation mandate as special treatment that benefitted the disabled at the expense of the nondisabled workforce. As a result, federal courts treated the ADA as a welfare statute rather than a civil rights law, which resulted in the Supreme Court dramatically narrowing the definition of disability. Congress responded with sweeping amendments in 2008 to expand the class of individuals with disabilities who are entitled to accommodations and …
The Part And Parcel Of Impairment Discrimination, Michelle Travis
The Part And Parcel Of Impairment Discrimination, Michelle Travis
Michelle A. Travis
The Americans with Disabilities Act Amendments Act of 2008 (ADAAA) has been heralded for restoring the protected class of individuals with disabilities to the broad scope that Congress intended when it enacted the original Americans with Disabilities Act over two decades ago. But the ADAAA accomplished something even more profound. By restricting the accommodation mandate only to individuals whose impairments are or have been substantially limiting, and by expanding basic antidiscrimination protection to cover individuals with nearly all forms of physical or mental impairment, the ADAAA extricated disability from the broader concept of impairment and implicitly bestowed upon impairment the …
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.
Forgotten Sisters- A Report On Violence Against Women With Disabilities: An Overview Of Its Nature, Scope, Causes And Consequences, Stephanie Ortoleva, Hope Lewis
Forgotten Sisters- A Report On Violence Against Women With Disabilities: An Overview Of Its Nature, Scope, Causes And Consequences, Stephanie Ortoleva, Hope Lewis
Hope Lewis
This report, prepared by scholars and human rights advocates who are members of the Working Group on Violence against Women with Disabilities, focuses on the prevalence and pervasiveness of violence against women and girls with disabilities. The Working Group recognizes the need to ensure that women and girls with disabilities are included as full participants in data-gathering, analysis, and proposed solutions as the mandates of Ms. Rashida Manjoo, the UN Special Rapporteur on Violence against Women, its Causes and Consequences, and Mr. Shuaib Chalklen, the Special Rapporteur on Disability, move forward. Additionally, the Working Group calls on international organizations, especially …
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 …
Impairment As Protected Status: A New Universality For Disability Rights, Michelle Travis
Impairment As Protected Status: A New Universality For Disability Rights, Michelle Travis
Michelle A. Travis
This Article analyzes the fundamental change to federal civil rights law that Congress accomplished through the ADA Amendments Act of 2008 (the "ADAAA"). Congress enacted the ADAAA in response to a series of United States Supreme Court opinions that had narrowly interpreted the definition of disability in the Americans with Disabilities Act of 1990. Although many commentators have recognized the ADAAA's intent to restore the class of individuals with disabilities to the breadth that Congress originally intended, this Article argues that the ADAAA accomplished something more significant: it extricated disability from the broader concept of impairment. As a result, the …
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.