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University of Maryland Francis King Carey School of Law

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Articles 1 - 30 of 39

Full-Text Articles in Disability Law

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 ...


Structured Settlement Sales And Lead-Poisoned Sellers: Just Say No, Karen Czapanskiy Jan 2018

Structured Settlement Sales And Lead-Poisoned Sellers: Just Say No, Karen Czapanskiy

Faculty Scholarship

No abstract provided.


Imaging Brains, Changing Minds: How Pain Neuroimaging Can Inform The Law, Amanda C. Pustilnik Jan 2015

Imaging Brains, Changing Minds: How Pain Neuroimaging Can Inform The Law, Amanda C. Pustilnik

Faculty Scholarship

What would the law do differently if it could see into the black box of the mind? One of the most valuable things it might do is reform the ways it deals with pain. Pain is ubiquitous in law, from tort to torture, from ERISA to expert evidence. Yet legal doctrines grapple with pain poorly, embodying concepts that are generations out of date and that cast suspicion on pain sufferers as having a problem that is “all in their heads.”

Now, brain-imaging technologies are allowing scientists to see the brain in pain—and to reconceive of many types of pain ...


Brief Of Amici Curiae Food Allergy Research & Education, & Council Of Parent Attorneys And Advocates In Support Of Plaintiff-Appellants And Urging Reversal, T.F., A Minor By His Parents And D.F. And T.S.F., On Their Own Behalf V. Fox Chapel Area School District, Marc Charmatz, Caroline Jackson May 2014

Brief Of Amici Curiae Food Allergy Research & Education, & Council Of Parent Attorneys And Advocates In Support Of Plaintiff-Appellants And Urging Reversal, T.F., A Minor By His Parents And D.F. And T.S.F., On Their Own Behalf V. Fox Chapel Area School District, Marc Charmatz, Caroline Jackson

Court Briefs

No abstract provided.


Painful Disparities, Painful Realities, Amanda C. Pustilnik Mar 2014

Painful Disparities, Painful Realities, Amanda C. Pustilnik

Faculty Scholarship

Legal doctrines and decisional norms treat chronic claims pain differently than other kinds of disability or damages claims because of bias and confusion about whether chronic pain is real. This is law’s painful disparity. Now, breakthrough neuroimaging can make pain visible, shedding light on these mysterious ills. Neuroimaging shows these conditions are, as sufferers have known all along, painfully real. This Article is about where law ought to change because of innovations in structural and functional imaging of the brain in pain. It describes cutting-edge scientific developments and the impact they should make on evidence law and disability law ...


Perspectives On Outpatient Commitment, Richard C. Boldt Jan 2014

Perspectives On Outpatient Commitment, Richard C. Boldt

Faculty Scholarship

No abstract provided.


Brief Of Amici Curiae In Support Of Plaintiff-Appellant, Equal Employment Opportunity Commission V. The Picture People, Inc., No. 11-1306, Marc Charmatz, Debra Patkin Oct 2011

Brief Of Amici Curiae In Support Of Plaintiff-Appellant, Equal Employment Opportunity Commission V. The Picture People, Inc., No. 11-1306, Marc Charmatz, Debra Patkin

Court Briefs

The National Association for the Deaf and the University of Maryland Francis King Carey School of Law Civil Rights of Persons with Disabilities Clinic submitted an amici curiae Brief in EEOC v. Picture People, 684 F.3d 981 (10th Cir. 2012). At issue in Picture People was whether deaf or hard of hearing individuals may be discharged from an employment position in a photography studio because the employer believes the employee may have a limited ability to communicate verbally when the employer has accommodated the employee’s hearing disability. The brief supports the retaliation argument proffered by the EEOC in ...


The Handicapping Effect Of Judicial Opinions In Reproductive Tort Cases: Correcting The Legal Perception Of Persons With Disabilities, Kerry T. Cooperman Jan 2009

The Handicapping Effect Of Judicial Opinions In Reproductive Tort Cases: Correcting The Legal Perception Of Persons With Disabilities, Kerry T. Cooperman

Maryland Law Review Online

No abstract provided.


Application Of The Insanity Defense To Postpartum Disorder-Driven Infanticide In The United States: A Look Toward The Enactment Of An Infanticide Act, April J. Walker Jan 2006

Application Of The Insanity Defense To Postpartum Disorder-Driven Infanticide In The United States: A Look Toward The Enactment Of An Infanticide Act, April J. Walker

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Justice Disparities: Does The Ada Enforcement System Treat People With Psychiatric Disabilities Fairly?, Jeffrey Swanson, Scott Burris, Kathryn Moss, Michael Ullman Jan 2006

Justice Disparities: Does The Ada Enforcement System Treat People With Psychiatric Disabilities Fairly?, Jeffrey Swanson, Scott Burris, Kathryn Moss, Michael Ullman

Maryland Law Review

No abstract provided.


Reversing A Trend: An As-Applied Approach Weakens The Boerne Congruence And Proportionality Test, Michael J. Neary Jan 2005

Reversing A Trend: An As-Applied Approach Weakens The Boerne Congruence And Proportionality Test, Michael J. Neary

Maryland Law Review

No abstract provided.


Bridging The Barriers: Public Health Strategies For Expanding Drug Treatment In Communities, Ellen M. Weber Oct 2004

Bridging The Barriers: Public Health Strategies For Expanding Drug Treatment In Communities, Ellen M. Weber

Faculty Scholarship

States around the country have begun to adopt programs to divert drug offenders from jails and prisons to community-based drug treatment services. For this strategy to succeed, local officials will need to expand the availability of outpatient and residential treatment programs and address the barriers to siting treatment services, the most significant of which are community opposition and government zoning policies that facilitate community resistance. Civil rights laws, including the Americans With Disabilities Act (ADA) and the Fair Housing Act (FHA), prohibit zoning discrimination against persons with histories of alcoholism and drug dependence and provide a solid legal foundation for ...


Exile And The Kingdom: Integration, Harassment, And The Americans With Disabilities Act, Mark C. Weber Jan 2004

Exile And The Kingdom: Integration, Harassment, And The Americans With Disabilities Act, Mark C. Weber

Maryland Law Review

No abstract provided.


Different But Equal: The Human Rights Of Persons With Intellectual Disabilities, Harold Hongju Koh Jan 2004

Different But Equal: The Human Rights Of Persons With Intellectual Disabilities, Harold Hongju Koh

Maryland Law Review

No abstract provided.


The Human Rights Of Persons With Mental Disabilities: A Global Perspective On The Application Of Human Rights Principles To Mental Health, Lawrence O. Gostin, Lance Gable Jan 2004

The Human Rights Of Persons With Mental Disabilities: A Global Perspective On The Application Of Human Rights Principles To Mental Health, Lawrence O. Gostin, Lance Gable

Maryland Law Review

No abstract provided.


Disability Law And Higher Education: A Road Map For Where We've Been And Where We May Be Heading, Laura Rothstein Jan 2004

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

Maryland Law Review

No abstract provided.


Access To The Courts: A Blueprint For Successful Litigation Under The Americans With Disabilities Act And The Rehabilitation Act, Marc Charmatz, Antoinette Mcrae Jan 2003

Access To The Courts: A Blueprint For Successful Litigation Under The Americans With Disabilities Act And The Rehabilitation Act, Marc Charmatz, Antoinette Mcrae

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Rights Of People With Disabilities To Emergency Evacuation Under The Americans With Disabilities Act Of 1990, William C. Hollis Iii Jan 2002

Rights Of People With Disabilities To Emergency Evacuation Under The Americans With Disabilities Act Of 1990, William C. Hollis Iii

Journal of Health Care Law and Policy

No abstract provided.


Introduction, Michael J. Pappas Jan 2002

Introduction, Michael J. Pappas

Journal of Health Care Law and Policy

No abstract provided.


Foreword: "Children With Special Needs: The Intersection Of Health Care, Education & The Law", Susan P. Leviton Jan 2002

Foreword: "Children With Special Needs: The Intersection Of Health Care, Education & The Law", Susan P. Leviton

Journal of Health Care Law and Policy

This foreword was written as an introduction to the May 2001 symposium sponsored by the University of Maryland Law and Health Care Program entitled "Children with Special Needs: the Intersection of Health Care Education & the Law.


Educating Students With Complex Health Care Needs In Public Schools: The Intersection Of Health Care, Education, And The Law, Donna H. Lehr, Jill Greene Jan 2002

Educating Students With Complex Health Care Needs In Public Schools: The Intersection Of Health Care, Education, And The Law, Donna H. Lehr, Jill Greene

Journal of Health Care Law and Policy

No abstract provided.


Road Warrior: Two Parents' Perspective On Getting Services For Children With Special Needs, Teresa K. Lamaster, John J. O'Brien Jan 2002

Road Warrior: Two Parents' Perspective On Getting Services For Children With Special Needs, Teresa K. Lamaster, John J. O'Brien

Journal of Health Care Law and Policy

No abstract provided.


The Stuart Rome Lecture: Knocking Against The Rocks: Evaluating Institutional Practices And The African-American Boy, Theresa Glennon Jan 2002

The Stuart Rome Lecture: Knocking Against The Rocks: Evaluating Institutional Practices And The African-American Boy, Theresa Glennon

Journal of Health Care Law and Policy

No abstract provided.


The Provision Of School Health Services To Students With Disabilities: The Intersection Of Health Care Policy, Education And The Law In The Post-Garret F. Era, Leslie Seid Margolis Jan 2002

The Provision Of School Health Services To Students With Disabilities: The Intersection Of Health Care Policy, Education And The Law In The Post-Garret F. Era, Leslie Seid Margolis

Journal of Health Care Law and Policy

No abstract provided.


New Perspectives On Education Children With Adhd: Contributions Of The Executive Functions, Gerard A. Gioia, Peter K. Isquith Jan 2002

New Perspectives On Education Children With Adhd: Contributions Of The Executive Functions, Gerard A. Gioia, Peter K. Isquith

Journal of Health Care Law and Policy

No abstract provided.


Achieving Service Integration For Children With Special Health Care Needs: An Assessment Of Alternative Medicaid Managed Care Models, Ian Hill, Renee Schwalberg, Beth Zimmerman, Wilma Tilson Jan 2002

Achieving Service Integration For Children With Special Health Care Needs: An Assessment Of Alternative Medicaid Managed Care Models, Ian Hill, Renee Schwalberg, Beth Zimmerman, Wilma Tilson

Journal of Health Care Law and Policy

No abstract provided.


Educationally Related Mental Health Services For Children With Serious Emotional Disturbance: Addressing Barriers To Access Through The Idea, Lucy W. Shum Jan 2002

Educationally Related Mental Health Services For Children With Serious Emotional Disturbance: Addressing Barriers To Access Through The Idea, Lucy W. Shum

Journal of Health Care Law and Policy

No abstract provided.


The Idea's Promise Unfulfilled: A Second Look At Special Education & Related Services For Children With Mental Health Needs After Garret F, Ellen A. Callegary Jan 2002

The Idea's Promise Unfulfilled: A Second Look At Special Education & Related Services For Children With Mental Health Needs After Garret F, Ellen A. Callegary

Journal of Health Care Law and Policy

No abstract provided.


Is There A Pink Slip In My Genes? Genetic Discrimination In The Workplace, Paul Steven Miller, Lawrence O. Gostin Jan 2000

Is There A Pink Slip In My Genes? Genetic Discrimination In The Workplace, Paul Steven Miller, Lawrence O. Gostin

Journal of Health Care Law and Policy

No abstract provided.


Genetic Discrimination: Why Bragdondoes Not Ensure Protection, Laura F. Rothstein Jan 2000

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

Journal of Health Care Law and Policy

No abstract provided.