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Full-Text Articles in Disability Law
A New Hope: Perez V. Sturgis Public Schools Opens The Doors To Children With Disabilities, Richard D. Marsico
A New Hope: Perez V. Sturgis Public Schools Opens The Doors To Children With Disabilities, Richard D. Marsico
Articles & Chapters
In Perez v. Sturgis Public Schools, the United States Supreme Court ruled that parents of children with disabilities who allege that their child’s school discriminated against them because of their disabilities can seek compensatory monetary damages pursuant to federal laws that prohibit such discrimination without exhausting the administrative process of the Individuals with Disabilities Education Act. This seemingly innocuous decision, based on two obscure procedural provisions of the IDEA, overturned decades of circuit court decisions that ruled otherwise.
Perez has already had a profound effect, opening the courthouse doors for children with disabilities. In all twenty-five post-Perez decisions in which …
Making Me Ill: Environmental Racism And Justice As Disability, Britney Wilson
Making Me Ill: Environmental Racism And Justice As Disability, Britney Wilson
Articles & Chapters
Civil rights legal scholars and practitioners have lamented the constraints of the largely intent-based legal framework required to challenge racial discrimination and injustice. As a result, they have sought alternative methods that seemingly require less overt proof of discrimination and are more equipped to address structural harm. One of these proposed solutions involves the use of the Americans with Disabilities Act (ADA)—due to its affirmative mandate to address discrimination by reasonable modification or accommodation—and the framing of issues of racial injustice in terms of disability or the deprivation of medical rights. Environmental justice, an area in which issues of both …
"Pistol Shots Ring Out In The Barroom Night": Bob Dylan's "Hurricane" As An Exam (Or Course) In Criminal Procedure, Michael L. Perlin
"Pistol Shots Ring Out In The Barroom Night": Bob Dylan's "Hurricane" As An Exam (Or Course) In Criminal Procedure, Michael L. Perlin
Articles & Chapters
Bob Dylan wrote the song Hurricane to draw the public’s attention to the conviction of the boxer, Rubin “Hurricane” Carter, for a crime (multiple murders) which Carter did not commit. Dylan’s song – and its performance as a part of Dylan’s fabled Rolling Thunder Tour – brought significant public attention to this case (and the miscarriage of justice it reflected), and eventually led to the granting of federal habeas corpus (a decision affirmed by the Third Circuit) and the freeing of Carter from state prison in New Jersey. The song takes the listener from the facts of the crime, through …
Introduction: Challenging The School-To-Prison Pipeline, Deborah N. Archer
Introduction: Challenging The School-To-Prison Pipeline, Deborah N. Archer
Articles & Chapters
No abstract provided.
Civil Rights And Self-Concept: Life Stories Of Law, Disability And Employment, Frank W. Munger, David M. Engel
Civil Rights And Self-Concept: Life Stories Of Law, Disability And Employment, Frank W. Munger, David M. Engel
Articles & Chapters
No abstract provided.
Rights, Remembrance And The Reconciliation Of Difference, David Engel, Frank W. Munger
Rights, Remembrance And The Reconciliation Of Difference, David Engel, Frank W. Munger
Articles & Chapters
Rights in American society present a paradox-critics increasingly assert that proliferation of rights is undermining Americans' sense of community, yet scholars continue to document Americans' reluctance to assert formal legal rights. We explore the meaning of rights in American society by describing the intersection between the evolving civil rights of a previously excluded minority, culminating in the, and the personal histories of two individuals who might potentially invoke or benefit from such rights. Tracing the life stories of "Sara Lane" and 'Jill Golding" from childhood through adolescence to adulthood and employment, we relate the everyday relevance or irrelevance of law …