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Full-Text Articles in Disability Law

Texas, The Death Penalty, And Intellectual Disability, Megan Green Oct 2019

Texas, The Death Penalty, And Intellectual Disability, Megan Green

St. Mary's Law Journal

Abstract forthcoming


Table Of Contents, Seattle University Law Review Sep 2019

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.


Too Ill To Be Killed: Mental And Physical Competency To Be Executed Pursuant To The Death Penalty, Linda A. Malone Sep 2019

Too Ill To Be Killed: Mental And Physical Competency To Be Executed Pursuant To The Death Penalty, Linda A. Malone

Linda A. Malone

Mentally ill individuals are being housed in prisons and jails throughout the country. Due to decreased funding and overpopulation of correctional facilities, individuals with pre-existing illnesses, as well as others who develop illnesses, are in severe need of mental health services and punished for their ailments through the use of solitary confinement, long prison sentences, and lack of care. The stress created by such conditions is amplified for mentally ill prisoners who are awaiting execution or the dismissal of their death row sentences. These individuals must show that they are competent to stand trial, exhibit the mental state required for ...


A Primer On Disability Discrimination In Higher Education, Laura Rothstein Sep 2019

A Primer On Disability Discrimination In Higher Education, Laura Rothstein

Laura Rothstein

This article provides an overview of key issues and a focus on some of the most significant and important recent developments that should be given a high priority by university attorneys and higher education administrators and policymakers. It emphasizes the role that administrators responsible for facilitating or coordinating disability services on campus can play in ensuring that faculty members, staff members, and other administrators have the knowledge and tools to ensure access and also to avoid liability to the institution. Major changes in the Trump administration and Congress may signal changes that could affect disability discrimination issues on campus. These ...


Assessing Post-Ada Employment: Some Econometric Evidence And Policy Considerations, Christopher L. Griffin Jr., John J. Donohue Iii, Michael Ashley Stein, Sascha Becker Sep 2019

Assessing Post-Ada Employment: Some Econometric Evidence And Policy Considerations, Christopher L. Griffin Jr., John J. Donohue Iii, Michael Ashley Stein, Sascha Becker

Christopher L. Griffin Jr.

This article explores the relationship between the Americans with Disabilities Act (“ADA”) and the relative labor market outcomes for people with disabilities. Using individual-level longitudinal data from 1981 to 1996 derived from the previously unexploited Panel Study of Income Dynamics (“PSID”), we examine the possible effect of the ADA on (1) annual weeks worked; (2) annual earnings; and (3) hourly wages for a sample of 7120 unique male household heads between the ages of 21 and 65 as well as a subset of 1437 individuals appearing every year from 1981 to 1996. Our analysis of the larger sample suggests the ...


Self-Perception Of Disability And Prospects For Employment Among U.S. Veterans, Christopher L. Griffin Jr., Michael Ashley Stein Sep 2019

Self-Perception Of Disability And Prospects For Employment Among U.S. Veterans, Christopher L. Griffin Jr., Michael Ashley Stein

Christopher L. Griffin Jr.

No abstract provided.


A Primer On Disability Discrimination In Higher Education, Laura Rothstein Sep 2019

A Primer On Disability Discrimination In Higher Education, Laura Rothstein

Brandeis School of Law Faculty Scholarship

This article provides an overview of key issues and a focus on some of the most significant and important recent developments that should be given a high priority by university attorneys and higher education administrators and policymakers. It emphasizes the role that administrators responsible for facilitating or coordinating disability services on campus can play in ensuring that faculty members, staff members, and other administrators have the knowledge and tools to ensure access and also to avoid liability to the institution. Major changes in the Trump administration and Congress may signal changes that could affect disability discrimination issues on campus. These ...


Selected Bibliography Relating To Law Students And Lawyers With Disabilities, Adeen Postar Aug 2019

Selected Bibliography Relating To Law Students And Lawyers With Disabilities, Adeen Postar

Adeen Postar

No abstract provided.


Advocating For Children With Disabilities In Child Protection Cases, Joshua B. Kay Aug 2019

Advocating For Children With Disabilities In Child Protection Cases, Joshua B. Kay

Articles

Children with disabilities are maltreated at a higher rate than other children and overrepresented in child protection matters, yet most social service caseworkers, judges, child advocates, and other professionals involved in these cases receive little to no training about evaluating and addressing their needs. Child protection case outcomes for children with disabilities tend to differ from those of nondisabled children, with more disabled children experiencing a termination of their parents' rights and fewer being reunified with their parents or placed with kin. They also tend to experience longer waits for adoption. Furthermore, the poor outcomes that plague youth who age ...


For Him Who Shall Have Borne The Battle: How The Presumption Of Competence Undermines Veterans’ Disability Law, Chase Cobb Jul 2019

For Him Who Shall Have Borne The Battle: How The Presumption Of Competence Undermines Veterans’ Disability Law, Chase Cobb

Washington and Lee Journal of Civil Rights and Social Justice

When the Veterans Administration denies a veteran’s claim for disability benefits it often does so based on the opinion of an expert medical examiner—usually a doctor or a nurse. But under a recent federal rule, the VA carries no burden of laying a foundation for the expert medical examiner’s opinion—no burden of establishing the quality of the expert’s education or the depth of her experience; no burden of establishing the scope of the expert’s training or the soundness of her reasoning. Instead, the VA may simply presume the qualifications of its own expert examiner ...


The Application Of Title Ii Of The Americans With Disabilities Act To Employment Discrimination: Why The Circuits Have Gotten It Wrong, William Brooks Jul 2019

The Application Of Title Ii Of The Americans With Disabilities Act To Employment Discrimination: Why The Circuits Have Gotten It Wrong, William Brooks

William M. Brooks

No abstract provided.


Delay, Deny, Wait Till They Die: Balancing Veterans’ Rights And Non-Adversarial Procedures In The Va Disability Benefits System, Hugh Mcclean Jul 2019

Delay, Deny, Wait Till They Die: Balancing Veterans’ Rights And Non-Adversarial Procedures In The Va Disability Benefits System, Hugh Mcclean

SMU Law Review

The refrain “Delay, Deny, Wait Till They Die” is more than a slogan for disabled American veterans. It is a battle cry for soldiers, sailors, and airmen who have long put aside their armaments but remain entangled in the unending appeals process of the Department of Veterans Affairs’ (VA) disability benefits system. When Congress created a system for the fair and equitable distribution of military benefits, it did so with the intent that the system be non-adversarial. Congress did not want disabled veterans pitted against the nation that they had sought to defend in litigation over disability benefits. However, defining ...


Law Students With Disabilities: Removing Barriers In The Law School Community, David M. Engel, Alfred S. Konefsky Jul 2019

Law Students With Disabilities: Removing Barriers In The Law School Community, David M. Engel, Alfred S. Konefsky

David M. Engel

No abstract provided.


Guardianship: A Violation Of The American With Disabilities Act And What We Can Do About It, Alexus Anderson Jul 2019

Guardianship: A Violation Of The American With Disabilities Act And What We Can Do About It, Alexus Anderson

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


Limited Choices: How The School-Choice Paradigm Subverts Equal Education For Students With Disabilities, Amanda S. Sen Jul 2019

Limited Choices: How The School-Choice Paradigm Subverts Equal Education For Students With Disabilities, Amanda S. Sen

Maryland Law Review

While there is no absolute right to education in the Constitution of the United States, legislation and litigation have created and elucidated specific rights of children to, at a minimum, equal opportunity in education. For students with disabilities, the right to equality in educational opportunity can be found in both federal statutes and under the Fourteenth Amendment to the Constitution. Rapidly developing education policy currently promotes increasing options for parents to use federal and state funds to send their children to schools other than their neighborhood public schools (“school choice”). However, the specific rights of students with disabilities have been ...


Would The Ada Pass Today?: Disability Rights In An Age Of Partisan Polarization, Laura Rothstein Jun 2019

Would The Ada Pass Today?: Disability Rights In An Age Of Partisan Polarization, Laura Rothstein

Laura Rothstein

The Americans with Disabilities Act of 1990 (ADA) was the most significant civil rights legislation enacted since the Civil Rights Act of 1964. It provided comprehensive protection against discrimination for individuals with disabilities in employment, public accommodations, and public services. It built on § 504 of the Rehabilitation Act that provided these protections only to programs receiving federal financial assistance. It afforded broad access to those individuals who had benefitted from the 1975 Individuals with Disabilities Education Act. This complex and far-reaching legislation was made possible by a confluence of timing and the right people at the right place at the ...


Impartial Hearings Under The Idea: Legal Issues And Answers, Perry A. Zirkel Jun 2019

Impartial Hearings Under The Idea: Legal Issues And Answers, Perry A. Zirkel

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Considering The Costs: Adopting A Judicial Test For The Least Restrictive Environment Mandate Of The Individuals With Disabilities Education Act, Edmund J. Rooney Jun 2019

Considering The Costs: Adopting A Judicial Test For The Least Restrictive Environment Mandate Of The Individuals With Disabilities Education Act, Edmund J. Rooney

Journal of Legislation

No abstract provided.


A Reasonable Solution For Working Parents: Expanding Reasonable Accommodation Under The Americans With Disabilities Act To Parents Of Children With Disabilities, Katherine Lease Jun 2019

A Reasonable Solution For Working Parents: Expanding Reasonable Accommodation Under The Americans With Disabilities Act To Parents Of Children With Disabilities, Katherine Lease

William & Mary Journal of Race, Gender, and Social Justice

There is a growing intersection between a woman’s child-rearing and work responsibilities, but federal law inadequately addresses this issue. For mothers who have a child with a disability, they face increased parenting demands, which often lead to detrimental changes in their employment status and negative perceptions of their work ability and commitment. Many women face expectations to simultaneously be the perfect mother and the ideal worker, but this is largely unattainable when faced with the demands of raising a child with a disability.

This Note will explore the development and inadequacy of the current protection against association discrimination, that ...


Disabling Ada Retaliation Claims, Nicole Buonocore Porter Jun 2019

Disabling Ada Retaliation Claims, Nicole Buonocore Porter

Nevada Law Journal

No abstract provided.


Reflections On Disability Discrimination Policy—25 Years, Laura F. Rothstein May 2019

Reflections On Disability Discrimination Policy—25 Years, Laura F. Rothstein

Laura Rothstein

No abstract provided.


Genetic Discrimination: Why Bragdondoes Not Ensure Protection, Laura F. Rothstein May 2019

Genetic Discrimination: Why Bragdondoes Not Ensure Protection, Laura F. Rothstein

Laura Rothstein

No abstract provided.


A Study Of School Social Worker Involvement With Section 504 Of The Rehabilitation Act In Georgia Public Schools, Kimberlee Woods May 2019

A Study Of School Social Worker Involvement With Section 504 Of The Rehabilitation Act In Georgia Public Schools, Kimberlee Woods

Electronic Theses & Dissertations Collection for Atlanta University & Clark Atlanta University

This study explored the level of involvement of school social workers in the 504-Plan process as it relates to the administrative culture of school administrators, collaboration with school personnel, training on the 504-Plan process, and finally knowledge of Section 504. Attention-deficit hyperactivity disorder affects over six-million children in the world today that may benefit from the use of a 504-Plan.

A total of 147 school social workers participated in this study. A self-administered survey was used, and data analysis was conducted on two levels: descriptive which employed frequency and percent distributions of respondents and analytical procedures. The Kruskal-Wallis H test ...


Access Granted: The Winkelman Case Ushers In A New Era In Parental Advocacy, Laura Mcneal May 2019

Access Granted: The Winkelman Case Ushers In A New Era In Parental Advocacy, Laura Mcneal

Laura R. McNeal

No abstract provided.


Symposium Current Issues In Disability Rights Law, Samuel J. Levine May 2019

Symposium Current Issues In Disability Rights Law, Samuel J. Levine

Samuel J. Levine

No abstract provided.


“There’S Voices In The Night Trying To Be Heard”: The Potential Impact Of The Convention On The Rights Of Persons With Disabilities On Domestic Mental Disability Law, Michael L. Perlin, Naomi M. Weinstein May 2019

“There’S Voices In The Night Trying To Be Heard”: The Potential Impact Of The Convention On The Rights Of Persons With Disabilities On Domestic Mental Disability Law, Michael L. Perlin, Naomi M. Weinstein

Brooklyn Law Review

This article carefully examines, through a therapeutic jurisprudence framework, the likely impact of the United States’ ratification of the United Nations Convention on the Rights of Persons with Disabilities (CRPD) on U.S. society’s sanist attitudes towards persons with mental disabilities. Although the United Nations ratified the CRPD—the most significant historical development in the recognition of the human rights of persons with mental disabilities— in 2008, the United States has yet to ratify it. In this article, we consider whether the CRPD, if ratified, is likely to finally extinguish the toxic stench of sanism that permeates all levels ...


Mandatory Reassignment As A Reasonable Accommodation Under The Americans With Disabilities Act Turns “Nondiscrimination Into Discrimination”, Christina M. Loguidice May 2019

Mandatory Reassignment As A Reasonable Accommodation Under The Americans With Disabilities Act Turns “Nondiscrimination Into Discrimination”, Christina M. Loguidice

Brooklyn Law Review

This note directly addresses one of the most pertinent and core civil rights issues—employment rights of individuals with disabilities—and proposes a unique contribution to current scholarship. The problem lies in the interpretation of the Americans With Disabilities Act’s provision that suggests that reassignment “may” be a reasonable accommodation, which is defined as any accommodation required for an employee with a disability to equalize success and opportunity in the workplace. The word “may” in the provision creates confusion over whether reassignment is always reasonable. Hence, circuit courts are divided on the issue of whether mandatory reassignment is always ...


Selective Hearing: Communication Barriers In The Court System For Deaf And Hard-Of-Hearing Victims Of Rape Or Sexual Assault, Lauren Oberheim Apr 2019

Selective Hearing: Communication Barriers In The Court System For Deaf And Hard-Of-Hearing Victims Of Rape Or Sexual Assault, Lauren Oberheim

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Ada Litigation Cannot Reasonably Accommodate Per Se Rules, Meg Ziegler Apr 2019

Ada Litigation Cannot Reasonably Accommodate Per Se Rules, Meg Ziegler

Boston College Law Review

On September 20, 2017, the U.S. Court of Appeals for the Seventh Circuit in Severson v. Heartland Woodcraft, Inc. held that an employee requesting a multi-month leave of absence is not a “qualified individual” employee under the Americans with Disabilities Act (ADA) and that such leave is therefore not a reasonable accommodation as defined by the ADA. In so doing, the court split from its sister circuits and made a bright-line rule that categorically excludes certain employees with disabilities from protection under the ADA. This Comment argues that the Seventh Circuit should have left more room for case by ...


Statedata: The National Report On Employment Services And Outcomes, John Butterworth, Allison Cohen Hall, Frank Smith, Alberto Migliore, Jean Winsor, Jaimie Ciulla Timmons, Daria Domin Mar 2019

Statedata: The National Report On Employment Services And Outcomes, John Butterworth, Allison Cohen Hall, Frank Smith, Alberto Migliore, Jean Winsor, Jaimie Ciulla Timmons, Daria Domin

Daria Domin

Policy shifts over the past 20 years have created an agenda for sustained commitment to integrated employment for individuals with disabilities. But despite these clear intentions, unemployment of individuals with disabilities continues to be a major public policy issue. Labor force statistics for December 2010 indicate that 28 percent of working-age adults with disabilities are employed, compared with 70 percent of people without disabilities. Labor force data also indicate that workers with disabilities have experienced significantly higher levels of job loss and hardship during the recession of the late 2000s. For people with intellectual and developmental disabilities (IDD), the disparity ...