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Articles 1 - 11 of 11
Full-Text Articles in Disability Law
Mental Health Care And Intimate Partner Violence: Unasked Questions, Delaney E. Anderson, Richard C. Boldt
Mental Health Care And Intimate Partner Violence: Unasked Questions, Delaney E. Anderson, Richard C. Boldt
Faculty Scholarship
There is significant overlap between the group of people who experience trauma, including domestic or intimate partner violence, and those who are hospitalized for severe mental illness. In recent years there has been a growing awareness in the mental health treatment community of the prevalence of trauma among individuals with behavioral health problems. Despite the strong evidence of elevated rates of exposure to domestic or intimate partner violence among individuals experiencing mental illness (including depression, anxiety, and posttraumatic stress disorder), mental health professionals often do not effectively address this co-occurring factor in assessing and treating their clients or patients. The …
Criminalization And Normalization: Some Thoughts About Offenders With Serious Mental Illness, Richard C. Boldt
Criminalization And Normalization: Some Thoughts About Offenders With Serious Mental Illness, Richard C. Boldt
Faculty Scholarship
Response to Professor E. Lea Johnston, Reconceptualizing Criminal Justice Reform for Offenders with Serious Mental Illness
Abstract
While Professor Johnston is persuasive that clinical factors such as diagnosis and treatment history are not, in most cases, predictive by themselves of criminal behavior, her concession that those clinical factors are associated with a constellation of risks and needs that are predictive of criminal system involvement complicates her efforts to maintain a clear boundary between the criminalization theory and the normalization thesis. Indeed, Professor Johnston’s article contains a brief section in which she identifies “possible justifications” for the specialized programs that are …
Resolving Tensions Between Disability Rights Law And Covid-19 Mask Policies, Elizabeth Pendo, Robert Gatter, Seema Mohapatra
Resolving Tensions Between Disability Rights Law And Covid-19 Mask Policies, Elizabeth Pendo, Robert Gatter, Seema Mohapatra
Maryland Law Review Online
No abstract provided.
Structured Settlement Sales And Lead-Poisoned Sellers: Just Say No, Karen Czapanskiy
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
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 as …
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
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
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, and, …
Perspectives On Outpatient Commitment, Richard C. Boldt
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
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 their …
The Handicapping Effect Of Judicial Opinions In Reproductive Tort Cases: Correcting The Legal Perception Of Persons With Disabilities, Kerry T. Cooperman
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.
Bridging The Barriers: Public Health Strategies For Expanding Drug Treatment In Communities, Ellen M. Weber
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 …