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Disability Law Commons

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Articles 1 - 30 of 147

Full-Text Articles in Disability Law

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 ...


2014 Bill Of Rights Journal Symposium: Atkins On The Ground, Paul Marcus, Jeffrey Bellin, Caroline Everington, Marc Tassé, John H. Blume Sep 2019

2014 Bill Of Rights Journal Symposium: Atkins On The Ground, Paul Marcus, Jeffrey Bellin, Caroline Everington, Marc Tassé, John H. Blume

Jeffrey Bellin

Atkins v. Virginia A Dozen Years Later: A Report Card

In 2002 the United States Supreme Court overturned decades-long precedent, holding that the execution of defendants with intellectual and developmental disabilities violated the Eighth Amendment prohibition on cruel and unusual punishment.

This symposium discusses and evaluates the decision in Atkins v. Virginia, including its effects and application in practice, from both legal and psychological points of view.


2014 Bill Of Rights Journal Symposium: Atkins In Other Contexts, Adam M. Gershowitz, Paul Marcus, Christopher Slobogin, Scott Sundby Sep 2019

2014 Bill Of Rights Journal Symposium: Atkins In Other Contexts, Adam M. Gershowitz, Paul Marcus, Christopher Slobogin, Scott Sundby

Adam M. Gershowitz

Atkins v. Virginia A Dozen Years Later: A Report Card

In 2002 the United States Supreme Court overturned decades-long precedent, holding that the execution of defendants with intellectual and developmental disabilities violated the Eighth Amendment prohibition on cruel and unusual punishment.

This symposium discusses and evaluates the decision in Atkins v. Virginia, including its effects and application in practice, from both legal and psychological points of view.


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.


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.


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.


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.


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 ...


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.


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.


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 ...


Research To Practice: The 2014–2015 National Survey Of Community Rehabilitation Providers Report 1: Overview Of Services, Trends, And Provider Characteristics, Daria Domin, John Butterworth Mar 2019

Research To Practice: The 2014–2015 National Survey Of Community Rehabilitation Providers Report 1: Overview Of Services, Trends, And Provider Characteristics, Daria Domin, John Butterworth

Daria Domin

This brief is based on the 2014–2015 National Survey of Community Rehabilitation Providers (CRPs) funded by the Administration on Intellectual and Developmental Disabilities. This brief presents findings on people with all disabilities and people with intellectual and developmental disabilities (IDD) who receive employment and non-work services from community rehabilitation providers (CRPs). Previous national surveys of CRPs were conducted by the Institute for Community Inclusion in 2002–2003 and 2010–2011, and also gathered data on provider services for individuals with disabilities (Metzel et al., 2007; Domin & Butterworth, 2012). This brief will incorporate some of those findings and compare them ...


Data Note: Vocational Rehabilitation Closure Trends For Individuals With Intellectual Disabilities: A Snapshot Of Five U.S. Territories, Jean Winsor, Daria Domin Mar 2019

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

Daria Domin

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.


Statedata: The National Report On Employment Services And Outcomes, 2013, John Butterworth, Frank A. Smith, Allison Cohen Hall, Alberto Migliore, Jean Winsor, Daria Domin Mar 2019

Statedata: The National Report On Employment Services And Outcomes, 2013, John Butterworth, Frank A. Smith, Allison Cohen Hall, Alberto Migliore, Jean Winsor, Daria Domin

Daria Domin

This report provides statistics over 25 years from several existing national datasets that address the status of employment and economic self-sufficiency for individuals with intellectual and developmental disabilities. The authors use abbreviations for both intellectual disability (ID) and intellectual and developmental disabilities (IDD) in this report. We do this because data sources vary in the specific target groups that can be described.

We provide a comprehensive overview that describes national trends in employment for people with IDD, and the appendix provides individual state profiles with data from several sources. These include the ICI’s IDD Agency National Survey of Day ...


Statedata: The National Report On Employment Services And Outcomes, 2012, John Butterworth, Allison Cohen Hall, Frank A. Smith, Alberto Migliore, Jean Winsor, Daria Domin, Jennifer Sulewski Mar 2019

Statedata: The National Report On Employment Services And Outcomes, 2012, John Butterworth, Allison Cohen Hall, Frank A. Smith, Alberto Migliore, Jean Winsor, Daria Domin, Jennifer Sulewski

Daria Domin

This report provides statistics over 20 years from several existing national datasets that address the status of employment and economic self-sufficiency for individuals with intellectual and developmental disabilities. The authors use abbreviations for both intellectual disability (ID) and intellectual and developmental disabilities (IDD) in this report. We do this because data sources vary in the specific target groups that can be described.

We provide a comprehensive overview that describes national trends in employment for people with IDD, and the appendix provides individual state profiles with data from several sources. These include the ICI’s National Survey of State Intellectual and ...


Data Note: Vr Outcome Trends And The Recent Decline In Employment For Vr Customers With Intellectual Disabilities, Frank A. Smith, John Butterworth, Daria Domin, Allison Cohen Hall Mar 2019

Data Note: Vr Outcome Trends And The Recent Decline In Employment For Vr Customers With Intellectual Disabilities, Frank A. Smith, John Butterworth, Daria Domin, Allison Cohen Hall

Daria Domin

Most people with intellectual disabilities (ID) aspire to gainful employment. 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 who achieve employment out of all individuals whose cases were closed after receiving services. This indicator, however, neglects to consider that not all eligible individuals progress to receive services. This Data Note explores trends in VR closure status for individuals with ID.


Statedata: The National Report On Employment Services And Outcomes, 2016, Jean Winsor, Jaimie Ciulla Timmons, John Butterworth, John Shepard, Cady Landa, Frank A. Smith, Daria Domin, Alberto Migliore, Jennifer Bose, Lydia Landim Mar 2019

Statedata: The National Report On Employment Services And Outcomes, 2016, Jean Winsor, Jaimie Ciulla Timmons, John Butterworth, John Shepard, Cady Landa, Frank A. Smith, Daria Domin, Alberto Migliore, Jennifer Bose, Lydia Landim

Daria Domin

This report provides statistics over 25 years from several national datasets that address the status of employment and economic self-sufficiency for individuals with intellectual and developmental disabilities. The authors use abbreviations for both intellectual disability (ID) and intellectual and developmental disabilities (IDD) in this report. This is because data sources vary in the specific target groups that can be described. Please refer to each chapter for the disability definition used in that chapter. We provide a comprehensive overview that describes national trends in employment for people with IDD, and the appendices provide individual state profiles with data from several sources ...


Statedata: The National Report On Employment Services And Outcomes, 2014, John Butterworth, Jean Winsor, Frank A. Smith, Alberto Migliore, Daria Domin, Jaimie Ciulla Timmons, Allison Cohen Hall Mar 2019

Statedata: The National Report On Employment Services And Outcomes, 2014, John Butterworth, Jean Winsor, Frank A. Smith, Alberto Migliore, Daria Domin, Jaimie Ciulla Timmons, Allison Cohen Hall

Daria Domin

This report provides statistics over 25 years from several national datasets that address the status of employment and economic self-sufficiency for individuals with intellectual and developmental disabilities. The authors use abbreviations for both intellectual disability (ID) and intellectual and developmental disabilities (IDD) in this report. We do this because data sources vary in the specific target groups that can be described.

We provide a comprehensive overview that describes national trends in employment for people with IDD, and the appendices provide individual state profiles with data from several sources. These include the ICI’s IDD Agency National Survey of Day and ...


Data Note: Measuring The Outcomes Of Job Seekers With Intellectual Or Developmental Disabilities In The Vocational Rehabilitation Program, Daria Domin, Alberto Migliore Mar 2019

Data Note: Measuring The Outcomes Of Job Seekers With Intellectual Or Developmental Disabilities In The Vocational Rehabilitation Program, Daria Domin, Alberto Migliore

Daria Domin

Most people with intellectual or developmental disabilities aspire to gainful employment. To assist them with this goal, state Vocational Rehabilitation (VR) agencies offer employment-development services that are based upon Individualized Plans for Employment (IPEs). A commonly used measure of outcomes is the rehabilitation rate, which is defined as the percentage of individuals who achieve employment out of all individuals whose cases were closed after receiving services. This indicator, however, neglects to consider that for various reasons not all individuals progress to receive services. This information is important because not receiving services translates directly into exiting the VR program without an ...


Data Note: Ssi Recipients Who Work, Daria Domin, Frank A. Smith Mar 2019

Data Note: Ssi Recipients Who Work, Daria Domin, Frank A. Smith

Daria Domin

Supplemental Security Income (SSI) is a means-tested income-support program administered by the Social Security Administration. Eligibility is contingent upon proving that one has a limited ability to work due to disability. However, the program offers several work incentives aimed at encouraging SSI recipients to enter the workforce while maintaining their benefits. Despite the promotion of employment through Work Incentives Planning and Assistance (WIPA) and other programs, a very small percentage of SSI recipients actually work. This Data Note examines the number of SSI recipients working by state in 2010.


Supporting Employment Consultants In Their Work With Job Seekers. A Longitudinal Study, Alberto Migliore, John Butterworth, Oliver Lyons, Kelly Nye-Lengerman, Paul Foos Mar 2019

Supporting Employment Consultants In Their Work With Job Seekers. A Longitudinal Study, Alberto Migliore, John Butterworth, Oliver Lyons, Kelly Nye-Lengerman, Paul Foos

John Butterworth

BACKGROUND: A key step for increasing the employment outcomes of job seekers with disabilities includes ensuring that employment consultants who assist them have the tools to succeed, including feedback about how they are performing. OBJECTIVE: Supporting employment consultants in their work with job seekers by providing feedback about the implementation of the support strategies recommended in the literature. METHODS: Sixty-one employment consultants completed a daily survey for one year, on their smartphones. RESULTS: Providing supports that lead to hire represented 30% of the employment consultants’ work time. When providing supports that lead to hire, most of the primary interactions were ...


Services For People With Intellectual And/Or Developmental Disabilities In The U.S. Territories, John Butterworth Mar 2019

Services For People With Intellectual And/Or Developmental Disabilities In The U.S. Territories, John Butterworth

John Butterworth

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 ...


Puppies, Ponies, Pigs And Parrots: Policies, Practices, And Procedures In Pubs, Pads, Planes And Professions: Where We Live, Work, And Play, And How We Get There: Animal Accommodations In Public Places, Housing, Employment, And Transportation, Laura Rothstein Sep 2018

Puppies, Ponies, Pigs And Parrots: Policies, Practices, And Procedures In Pubs, Pads, Planes And Professions: Where We Live, Work, And Play, And How We Get There: Animal Accommodations In Public Places, Housing, Employment, And Transportation, Laura Rothstein

Laura Rothstein

This is an expanded and updated version of an article published in 23 ANIMAL L.13 (2018). It examines how disability discrimination policy clarifies when animals may be allowed as accommodations in various settings. It provides basic statutory and regulatory framework for these settings, administrative agency guidance, and judicial interpretations of these requirements in various settings. Major settings where animals might be an accommodation are addressed separately, with particular focus on higher education institutions and health care settings.


Disability Law And Higher Education: A Road Map For Where We've Been And Where We May Be Heading, Laura Rothstein Aug 2018

Disability Law And Higher Education: A Road Map For Where We've Been And Where We May Be Heading, Laura Rothstein

Laura Rothstein

No abstract provided.


The Universality Of The Human Condition: Theorizing Transportation Inequality Claims By Persons With Disabilities In Canada, 1976-2016, Laverne A. Jacobs Jun 2018

The Universality Of The Human Condition: Theorizing Transportation Inequality Claims By Persons With Disabilities In Canada, 1976-2016, Laverne A. Jacobs

Laverne Jacobs

Transportation is the lifeline that connects persons with disabilities with the community, and facilitates greater opportunities for work, social inclusion and overall independence. Adequate accessible transportation has long been a concern of persons with disabilities, yet there is a dearth of sustained research on the legal and societal implications of transportation inequality for persons with disabilities. This article contributes to the research on both transportation inequality and equality theory by providing an empirical and theoretical analysis of the human rights tribunal decisions on transportation equality in Canada. In doing so, it examines the issues from the perspective of the voices ...


Research To Practice: Medicaid Involvement In Employment-Related Programs- Findings From The National Survey Of State Systems And Employment For People With Disabilities, Jennifer Sullivan Sulewski, Dana Scott Gilmore, Susan Foley May 2018

Research To Practice: Medicaid Involvement In Employment-Related Programs- Findings From The National Survey Of State Systems And Employment For People With Disabilities, Jennifer Sullivan Sulewski, Dana Scott Gilmore, Susan Foley

Jennifer Sulewski

This brief analyzes data from ICI's National Survey of State Systems and Employment for People with Disabilities regarding the priority Medicaid agencies place on employment and their involvement in recent policy initiatives.