Disability Law Commons^™

Revisiting The Disability Integration Presumption, Chris Yarrell

Cardozo Law Review de•novo

The Individuals with Disabilities Education Act’s (IDEA) predecessor established a legal presumption in favor of educating all students with disabilities in an integrated, “least restrictive environment” (LRE) to the “maximum extent appropriate.” Yet, the precise meaning of this statutory presumption remains unsettled, which has led to mounting special education disputes in federal court. This Article addresses a less developed area of IDEA litigation: namely, how federal courts should interpret this statutory presumption in light of the disproportionate placement of students with the most significant cognitive disabilities in separate settings.

Whether students with the most significant cognitive disabilities sacrifice their right …

Brief Of Amici Curiae On Behalf Of Professors In Support Of Petitioner, Leslie Salzman, Rebekah Diller

Faculty Amicus Briefs

Amici curiae are professors who research, write, and teach about disability law, special education, civil rights, and administrative law. They are interested in the proper application of the statutes that protect disabled students’ rights and in the scope of exhaustion doctrine. Amici also have an interest in preserving the ability of parties to voluntarily settle disputes, particularly in the context of the legislative schemes here, which encourage cooperation between parties.

Brief Of Amici Curiae 23 Law Professors In Support Of Petitioner, Leslie Salzman, Rebekah Diller, Cardozo Bet Tzedek Legal Services

Faculty Amicus Briefs

On January 18, the Bet Tzedek Civil Litigation Clinic, co-directed by Professors Rebekah Diller and Leslie Salzman, filed a U.S. Supreme Court amicus brief in support of certiorari in the case of a deaf student who suffered 12 years of isolation and distress because his school refused to provide him with a qualified sign language interpreter (Perez v. Sturgis Public Schools). The clinic filed on behalf of 23 law professors who argued that the Court’s intervention was needed to ensure that disabled students can pursue damage claims when their rights are violated in school settings.

Supported Decision-Making: Potential And Challenges For Older Persons, Morgan K. Whitlatch, Rebekah Diller

Faculty Articles

In recent years, supported decision-making (SDM) has gained traction as a recognized alternative to guardianship for persons with disabilities in the United States. To date, SDM has not been as widely recognized as an alternative for older people, particularly those struggling with cognitive decline. This paper explores some of the obstacles that have prevented SDM from being used more broadly by older people, identifies ways of surmounting some of those obstacles, and makes recommendations for ways that SDM can be used in the aging context.

Framing The Compensation Inquiry, Elizabeth Rolph

Cardozo Law Review

No abstract provided.

Sterilization, State Action, And The Concept Of Consent, Monroe E. Price, Robert A. Burt

Faculty Articles

A line demarking the propriety of state intervention into the lives of individuals has never been adequately drawn. It is not surprising that such a line is practically nonexistent, from the point of view of legal analysis, when the people subject to intervention are considered mentally retarded. Too infrequently the medical and privacy rights of these individuals go unrecognized and unheeded. There are several factors which collectively account for this.