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Articles 1 - 21 of 21
Full-Text Articles in Disability Law
Options For Youth With Disabilities: A Focus On Competitive Integrated Employment Limits, Tatyana Safronova
Options For Youth With Disabilities: A Focus On Competitive Integrated Employment Limits, Tatyana Safronova
University of the District of Columbia Law Review
For people with disabilities, employment outcomes are discouraging. In 2021, only 19% were employed, a third of the employment rate for people without disabilities.1 Disabled individuals worked part-time because they could not find full-time work or because of a reduction in hours. 2 Fewer disabled persons had bachelor or higher degrees, and fewer worked in professional and managerial positions than people without disabilities. 3 To make it possible for disabled adults to get well-paying jobs, we must ensure that disabled youth have a solid educational foundation. That requires that more youth graduate high school; only 68.2% of students with disabilities …
The Missing Piece Of The Puzzle: The Intersection Of Race And Special Education, Tsega Zewdneh Shiferaw
The Missing Piece Of The Puzzle: The Intersection Of Race And Special Education, Tsega Zewdneh Shiferaw
University of the District of Columbia Law Review
The privileges allotted to Americans cannot be compared to any other country’s citizens. Americans have the liberty of saying what they want, thinking what they want, and acting freely in public. Nebiyat Shiferaw (“Nebiyat”) is a thirty-year-old African American man who is unable to speak and live independently because he has autism, also known as autism spectrum disorder (“ASD”). Nebiyat does not experience the same liberties as most Americans; he has gone through special education programs and has overcome discrimination, not because of the Individuals with Disabilities Education Act (“IDEA”), but because of his parents advocating for him. As a …
Table Of Contents, University Of The District Of Columbia Law Review
Table Of Contents, University Of The District Of Columbia Law Review
University of the District of Columbia Law Review
No abstract provided.
What Can The Protection And Advocacy Network Offer To Our Veterans?, David A. Boyer
What Can The Protection And Advocacy Network Offer To Our Veterans?, David A. Boyer
University of the District of Columbia Law Review
The desire to compensate veterans predates the establishment of the United States (“U.S.”). In 1636, individuals with disabilities received pensions for defending the Plymouth colony against Native Americans.1 Throughout history, this practice continued, as documented by the U.S. Department of Veterans Affairs (“VA”).2 By 1930, President Herbert Hoover signed the Executive Order 5398, which created the Veterans Administration.3 Prior to President Hoover’s signing of that executive order, the available veteran services were divided by three separate governmental agencies: the Veterans’ Bureau, the Pensions Bureau, and the Soldiers’ Home.4 Consequently, that executive order combined all three agencies into one that concentrated …
Should Veterans Disability Compensation Be Conditional Upon Veterans Working Towards Rehabilitation And Return To Employment?, Heather Ansley, Aniela Szymanski
Should Veterans Disability Compensation Be Conditional Upon Veterans Working Towards Rehabilitation And Return To Employment?, Heather Ansley, Aniela Szymanski
University of the District of Columbia Law Review
The Department of Veterans Affairs (VA) has experienced dramatic increases in its budgets since September 11, 2001.1 Increasing federal deficits during this time has led Congress to seek spending cuts, causing tensions in efforts to ensure that a declining veteran population receives the quality benefits and services they earned through years of service.2While the number of veterans in the United States has steadily been declining due to veterans of World War II, Korea, and Vietnam dying,3 the number of veterans receiving disability compensation has risen dramatically due to injuries sustained by service members in conflicts in Iraq and Afghanistan, and …
Debilitating Southeastern Community College V. Davis: Achieving The Promise Of Disability Civil Rights, Leslie Francis
Debilitating Southeastern Community College V. Davis: Achieving The Promise Of Disability Civil Rights, Leslie Francis
University of the District of Columbia Law Review
Disability civil rights law today continues to be shaped by troubling precedent created in initial decisions of the Supreme Court under the Rehabilitation Act. This article explores the first of these decisions, Southeastern Community College v. Davis, demonstrates Davis’ continuing impact, and analyzes how this impact may be addressed. Davis was a suit brought by a hearing-impaired student who had been refused accommodations and denied admission to the College’s nursing program. Critical litigation decisions on behalf of Davis at the trial court did not contest the College’s failure to provide accommodations that are common today, such as sign interpretation, or …
Diversity And Inclusion In The American Legal Profession: First Phase Findings From A National Study Of Lawyers With Disabilities And Lawyers Who Identify As Lgbtq+, Peter Blanck, Ynesse Abdul-Malak, Meera Adya, Fitore Hyseni, Mary Killeen, Fatma Altunkol Wise
Diversity And Inclusion In The American Legal Profession: First Phase Findings From A National Study Of Lawyers With Disabilities And Lawyers Who Identify As Lgbtq+, Peter Blanck, Ynesse Abdul-Malak, Meera Adya, Fitore Hyseni, Mary Killeen, Fatma Altunkol Wise
University of the District of Columbia Law Review
This article presents initial, descriptive findings from the first phase of a national study, with a planned longitudinal component, conducted in collaboration with the American Bar Association (“ABA”).1 With representation from all U.S. regions and states, as well as the District of Columbia, the study examined lawyers with diverse backgrounds, with a primary focus on lawyers who identify as having health conditions, impairments, and disabilities, and on lawyers who identify as lesbian, gay, bisexual, transgender, queer, or as having other sexual orientations and gender identities (“LGBTQ+” as an overarching term). Importantly, the investigation also considered the intersectional nature of these …
Challenging Transition-Related Care Exclusions Through Disability Rights Law, Kevin Barry
Challenging Transition-Related Care Exclusions Through Disability Rights Law, Kevin Barry
University of the District of Columbia Law Review
Despite the growing visibility and acceptance of transgender people, discrimination against them persists.1 Transgender people are routinely denied identity documents that accurately reflect their sex.2 They are excluded from service in the U.S. military and from the protections of state civil rights laws.3 They are fired from their jobs, evicted from their homes, turned away from homeless shelters, denied custody of their children, harassed by law enforcement, and deprived of access to appropriate single-sex services in schools, prisons, and immigration detention centers—because they are transgender.4
Disability Rights Past, Present And Future: A Roadmap For Disability Rights, Marcy Karin, Lara Bollinger
Disability Rights Past, Present And Future: A Roadmap For Disability Rights, Marcy Karin, Lara Bollinger
University of the District of Columbia Law Review
The Americans with Disabilities Act (“ADA”)2 “was and is all about civil rights.”3 Enacted in 1990, its goal was to prohibit discrimination based on disability across society, from employment to places of public accommodation and government services. As the byproduct of bipartisan support and significant advocacy and leadership by members and allies of the disability community, there were high hopes that the ADA would live up to its goal. Unfortunately, that reality never came to pass for many individuals with disabilities. Instead, a line of Supreme Court decisions in 1999 and 2002 imposed increasingly narrow interpretations of the law’s core …
A Starting Point For Disability Justice In Legal Education, Christina Payne-Tsoupros
A Starting Point For Disability Justice In Legal Education, Christina Payne-Tsoupros
Journal Articles
This article explores how a disability justice framework would provide greater access to law school and therefore the legal profession for disabled students of color; specifically, disabled Black, Indigenous, and Latinx students. Using DisCrit principles formulated by Subini Annamma, David Connor, and Beth Ferri (2013), this article provides suggestions for incorporating a disability justice lens to legal education. In doing so, this article specifically recognizes the work of three disability justice activist-attorney-scholars, Lydia X.Z. Brown, Talila “TL” Lewis, and Katherine Pérez, and considers lessons from their advocacy and leadership that can apply in the law school setting.
Reconceptualizing Competence: An Appeal, Mae C. Quinn
Reconceptualizing Competence: An Appeal, Mae C. Quinn
Journal Articles
No abstract provided.
Restoring The Ada And Beyond: Disability In The 21st Century, Robert L. Burgdorf
Restoring The Ada And Beyond: Disability In The 21st Century, Robert L. Burgdorf
Journal Articles
Perhaps it was imprudent for me to agree, in response to the request of the symposium organizers, to address the future of disability law. Nobel Prize-winning physicist Neils Bohr supposedly once said that "[p]rediction is very difficult, especially about the future."' Columnist and author Jim Bishop wrote, "The future is an opaque mirror. Anyone who tries to look into it sees nothing but the dim outlines of an old and worried face." 2 Prognosticating is a very tricky and uncertain undertaking. I cannot pretend to have any particular gift for crystal ball gazing in disability matters. When I joined the …
Charter Schools And Special Education: Part Of The Solution Or Part Of The Problem?, Rebekah Gleason
Charter Schools And Special Education: Part Of The Solution Or Part Of The Problem?, Rebekah Gleason
University of the District of Columbia Law Review
The Individuals with Disabilities Education Act (IDEA)1 provides each child with a disability the opportunity to receive educational benefit in an appropriate program. The individual needs of the child drive the often resource intensive programs. On the other hand, public charter schools focus on providing more choices for education by aiming to do a better job with less money. Public Charter Schools accountability for progress and fiscal responsibility means that schools focus on doing more with less resources for the school as a whole. Public Charter schools' mission of unique innovative instruction, free from local and state regulations that would …
"Substantially Limited" Protection From Disability Discrimination: The Special Treatment Model And Misconstructions Of The Definition Of Disability, Robert Burgdorf
"Substantially Limited" Protection From Disability Discrimination: The Special Treatment Model And Misconstructions Of The Definition Of Disability, Robert Burgdorf
Journal Articles
DISABILITY' nondiscrimination laws, such as the Americans with Disabilities Act of 1990 (ADA),2 and the disability rights movement which spawned them have, at their core, a central premise that is both simple and profound. That premise is that people denominated as "disabled" are just people, not different in any critical way from other people. Paradoxically, commentators, enforcement agencies and the courts, with manifest good intentions, have frequently interpreted and applied these laws in ways that reinforce a diametrically opposite premise-that people with disabilities are significantly different, special and need exceptional status and protection, One is reminded of Justice Brandeis's admonition …
Understanding The Overrepresentation Of Youths With Disabilities In Juvenile Detention, Peter E. Leone Phd., Barbara A. Zaremba, Michelle S. Chapin, Curt Iseli
Understanding The Overrepresentation Of Youths With Disabilities In Juvenile Detention, Peter E. Leone Phd., Barbara A. Zaremba, Michelle S. Chapin, Curt Iseli
University of the District of Columbia Law Review
Youths with disabling conditions are grossly overrepresented among those detained and confined in juvenile correction systems. Some of the behavior of youths with disabling conditions can be misinterpreted as dangerousness and/or as posing a risk of flight prior to a dispositional hearing. The cognitive and language abilities of some youths may contribute to their poor presentation to juvenile court intake workers and others within the juvenile justice system. This Article briefly profiles four youths with disabling conditions detained at the District of Columbia's Oak Hill Juvenile Detention Center, and discusses how behavior associated with disabling conditions (i.e., learning disabilities, emotional …
Children With Disabilities In Detention: Legal Strategies To Secure Release, Mary G. Hynes
Children With Disabilities In Detention: Legal Strategies To Secure Release, Mary G. Hynes
University of the District of Columbia Law Review
No abstract provided.
Blind Injustice: Seeing Beyond The D.C.Superior Court Exclusion Of Blind Citizens From Jury Duty, Deborah Ann A'Hearn
Blind Injustice: Seeing Beyond The D.C.Superior Court Exclusion Of Blind Citizens From Jury Duty, Deborah Ann A'Hearn
University of the District of Columbia Law Review
On January 4, 1994, the Cohncil of the District of Columbia (D.C. Council) adopted PR 10-361, the "Sense of the Council on Blind Citizens' Right to Jury Service Resolution of 1993." This Resolution, which supports the United States District Court's decision in Galloway v. Superior Court of the District of Columbia," would afford blind citizens the same privilege and right to serve as jurors that is granted to non-disabled citizens. Currently, D.C. CODE ANN. § 11-1903 (1981)3 prohibits exclusion of citizens from jury service on the basis of physical handicap. Specifically, the Code provides that: [A] citizen of the District …
"Equal Members Of The Community": The Public Accommodations Provisions Of The Americans With Disabilities Act, Robert Burgdorf
"Equal Members Of The Community": The Public Accommodations Provisions Of The Americans With Disabilities Act, Robert Burgdorf
Journal Articles
Nearly three decades ago, four black students sat down at a lunch counter in a Woolworth's store in Greensboro, North Carolina, ordered a cup of coffee, and refused to move until they were served. I Unknown to the four young men at the time, their act of courage would help precipitate a series of sit-in protests and other forms of civil disobedience challenging racial segregation at lunch counters, restaurants, parks, hotels, motels, and other facilities. The desegregation of such places was a principal objective of civil rights protests, lawsuits, and proposals for legislative reform during the early 1960s.2 Equal opportunity …
The Americans With Disabilities Act: Analysis And Implications Of A Second-Generation Civil Rights Statute, Robert L. Burgdorf Jr.
The Americans With Disabilities Act: Analysis And Implications Of A Second-Generation Civil Rights Statute, Robert L. Burgdorf Jr.
Journal Articles
Martin Luther King, Jr. once wrote that our nation's civil rights laws were a "sparse and insufficient collection of statutes ... barely a naked framework."' On their faces, many federal civil rights statutes constitute little more than broad directives that "Thou shalt not discriminate." Broadly worded statements outlawing discrimination were the optimal approach to statutory draftsmanship in light of the controversial nature of the civil rights laws passed in the 1960s and 1970s. The drafters of these statutes needed to craft language that would be palatable to a majority of the members of Congress while still having a meaningful impact …
The Wicked Witch Is Almost Dead: Buck V. Bell And The Sterilization Of Handicapped Persons, Robert L. Burgdorf, Mary Pearce Burgdorf
The Wicked Witch Is Almost Dead: Buck V. Bell And The Sterilization Of Handicapped Persons, Robert L. Burgdorf, Mary Pearce Burgdorf
Journal Articles
Judgment at Nuremberg 1 concerned the criminal trial of a former German judge who, under Hitler's Third Reich, had ordered involuntary sexual sterilization operations to be performed upon Jewish men and women. In a famous scene from that screenplay and movie, the defense counsel, Rolfe, cross-examines a German law professor, Dr. Wieck, in regard to the legality of such practices: Rolfe (continuing) Dr. Wieck, you referred to "novel National Socialist measures introduced, among them sexual sterilization." Dr. Wieck, are you aware that this was not invented by National Socialism, but had been advanced for years before as a weapon in …
Ill Effects Of A Well-Intentioned Law: The Rights Of The Handicapped Overlooked, Robert L. Burgdorf
Ill Effects Of A Well-Intentioned Law: The Rights Of The Handicapped Overlooked, Robert L. Burgdorf
Journal Articles
Indiana's Public Law No. 162, which was signed into law in 1972, is an admirable achievement. The statute consolidated and clarified the procedures to be employed by schools in suspending, expelling or excluding students. The rights of students were closely guarded through the clear enumeration of the requirements of due process in this area. Written notice, a relatively formal hearing, the right to be represented by counsel, the right to cross-examine witnesses, a written decision and record of the proceedings, and an appeal procedure are all specifically mandated by the law whenever a child may be suspended, expelled or excluded. …