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Disability Law Commons

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Journal

1993

Discipline
Institution
Keyword
Publication

Articles 1 - 22 of 22

Full-Text Articles in Disability Law

Withholding And Withdrawing Life Support From Adults At Common Law, Joan M. Gilmour Jul 1993

Withholding And Withdrawing Life Support From Adults At Common Law, Joan M. Gilmour

Osgoode Hall Law Journal

This article examines the circumstances in which life support can legally be withheld or withdrawn from adults. It analyzes the situation of patients who are both capable and incapable of making decisions, taking into account recent jurisprudence in Canada, the United States, and the United Kingdom. Where competence is not an issue, both law and modern medicine espouse a strong normative commitment to patient self-determination. However, when no clear indication of the patient's treatment preference can be ascertained because of decisional incapacity, then the question of terminating life support is much more difficult. The author describes and analyzes the two …


Reproductive Technology And Disability: Searching For The "Rights" And Wrongs In Explanation, Judith Mosoff Apr 1993

Reproductive Technology And Disability: Searching For The "Rights" And Wrongs In Explanation, Judith Mosoff

Dalhousie Law Journal

Several years ago I worked as a lawyer representing psychiatric patients on the grounds of a large medieval-looking turn-of-the-century mental hospital in British Columbia. Soon after starting my new job I met Ann, a woman who shortly after her admission as an involuntary patient had informed her treatment team that she was pregnant. She had always wanted to have a baby. When she told her doctor about her pregnancy, he decided that this idea was part of her delusional system and prescribed anti-psychotic drugs to control her pathology. In fact she was pregnant and the medication given during the first …


Silencing The Different Voice: Competence, Feminist Theory And Law, Susan Stefan Jan 1993

Silencing The Different Voice: Competence, Feminist Theory And Law, Susan Stefan

University of Miami Law Review

No abstract provided.


Psychotropic Medication In The Criminal Trial Process: The Constitutional And Therapeutic Implications Of Riggjns V. Nevada, Bruce J. Winick Jan 1993

Psychotropic Medication In The Criminal Trial Process: The Constitutional And Therapeutic Implications Of Riggjns V. Nevada, Bruce J. Winick

NYLS Journal of Human Rights

No abstract provided.


The Americans With Disabilities Act And Collective Bargaining Agreements: Reasonable Accommodations Or Irreconcilable Conflicts?, Mary K. O'Melveny Jan 1993

The Americans With Disabilities Act And Collective Bargaining Agreements: Reasonable Accommodations Or Irreconcilable Conflicts?, Mary K. O'Melveny

Kentucky Law Journal

No abstract provided.


The Competence Of Criminal Defendants: Beyond Dusky And Drope, Richard J. Bonnie Jan 1993

The Competence Of Criminal Defendants: Beyond Dusky And Drope, Richard J. Bonnie

University of Miami Law Review

No abstract provided.


Let's Get Off The Floor: The Call For Illinois To Adopt A Higher Substantive Standard For Special Education, Michael F. Tomasek Jan 1993

Let's Get Off The Floor: The Call For Illinois To Adopt A Higher Substantive Standard For Special Education, Michael F. Tomasek

Loyola University Chicago Law Journal

No abstract provided.


The Right To Proceed Pro Se At Competency Hearings: Practical Solutions To A Constitutional Catch-22, Stavy A. Giulianti Jan 1993

The Right To Proceed Pro Se At Competency Hearings: Practical Solutions To A Constitutional Catch-22, Stavy A. Giulianti

University of Miami Law Review

No abstract provided.


Pretexts And Mental Disability Law: The Case Of Competency, Michael L. Perlin Jan 1993

Pretexts And Mental Disability Law: The Case Of Competency, Michael L. Perlin

University of Miami Law Review

No abstract provided.


Abolishing Competency As A Construction Of Difference: A Radical Proposal To Promote The Equality Of Persons With Disabilities, Steven J. Schwartz Jan 1993

Abolishing Competency As A Construction Of Difference: A Radical Proposal To Promote The Equality Of Persons With Disabilities, Steven J. Schwartz

University of Miami Law Review

No abstract provided.


Rethinking Autonomy In Long Term Care, Charles W. Lidz, Robert M. Arnold Jan 1993

Rethinking Autonomy In Long Term Care, Charles W. Lidz, Robert M. Arnold

University of Miami Law Review

No abstract provided.


Competency To Refuse Psychotropic Medication: Three Alternatives To The Law's Cognitive Standard, Elyn R. Saks Jan 1993

Competency To Refuse Psychotropic Medication: Three Alternatives To The Law's Cognitive Standard, Elyn R. Saks

University of Miami Law Review

No abstract provided.


Presumptions And Burdens Of Proof In Determining Competency To Stand Trial: An Analysis Of Medina V. California And The Supreme Court's New Due Process Methodology In Criminal Cases, Bruce J. Winick Jan 1993

Presumptions And Burdens Of Proof In Determining Competency To Stand Trial: An Analysis Of Medina V. California And The Supreme Court's New Due Process Methodology In Criminal Cases, Bruce J. Winick

University of Miami Law Review

No abstract provided.


Symposium: The Americans With Disabilities Act - Introductory Comments, Dawn V. Martin Jan 1993

Symposium: The Americans With Disabilities Act - Introductory Comments, Dawn V. Martin

Journal of Law and Health

Each of the articles included in this symposium summarizes the ADA and details the particular provisions of the Act which pertain to its thesis. Therefore, I will only briefly outline the Act's major provisions and implications for the purposes of this introductory discussion.


The Ada And Persons With Mental Disabilities: Can Sanist Attitudes Be Undone, Michael L. Perlin Jan 1993

The Ada And Persons With Mental Disabilities: Can Sanist Attitudes Be Undone, Michael L. Perlin

Journal of Law and Health

This leads to my thesis. What I call "sanist" attitudes and "pretextual" judicial and legislative reactions dominate social and legal discourse about mentally ill persons (and those so perceived). These attitudes affect and infect interpersonal relationships, social, cultural and political actions, judicial decisions, legislative enactments, scholarly writings, administrative rulings, and litigation strategies. They largely operate on an unconscious (and often invisible) level, and are frequently found in the writings and public pronouncements of otherwise "liberal" or "progressive" individuals. They are also rationalized through the non-reflective use of a false kind of "ordinary common sense" (OCS) and through the use of …


And Equal Participation For All...The Americans With Disabilities Act In The Courtroom, Keri K. Gould Jan 1993

And Equal Participation For All...The Americans With Disabilities Act In The Courtroom, Keri K. Gould

Journal of Law and Health

This article hopes to encourage the use of the ADA as a mechanism to increase courtroom accessibility to people with disabilities. The article proceeds in the following manner. Initially, I outline the procedural history and design of the Act. Then, in Part III, I discuss how the ADA seeks to ensure the increased participation of persons with disabilities in courtroom practices and procedures. In Part IV, I discuss the Act's Title II, Public Services, which controls access to and accommodations by the state courts. Next, I trace the discrimination frequently faced by persons with disabilities, which is illustrated by a …


There Goes The Neighborhood: The Evolution Of "Family" In Local Zoning Ordinances, William Graham Jan 1993

There Goes The Neighborhood: The Evolution Of "Family" In Local Zoning Ordinances, William Graham

Touro Law Review

No abstract provided.


Right To Retirement Benefits Jan 1993

Right To Retirement Benefits

Touro Law Review

No abstract provided.


The Ada As A Tool For Advocacy: A Strategy For Fighting Employment Discrimination Against People With Disabilities, Ellen M. Saideman Jan 1993

The Ada As A Tool For Advocacy: A Strategy For Fighting Employment Discrimination Against People With Disabilities, Ellen M. Saideman

Journal of Law and Health

There are essentially three different theories that are used to prove discrimination against people with disabilities: disparate treatment- that a person has been treated differently because of membership in a protected class - may be proved by direct evidence of discrimination or by inference. Today, employers are often open about discriminating against people with disabilities. They frequently know little about disabilities and make their decisions based on stereotypes rather than on individualized assessments. Further, medical examinations and inquiries are required by the ADA to be conducted after a job has been offered thereby enabling job applicants to determine that their …


Designing Reasonable Accomodations Through Co-Worker Participation: Therapeutic Jurisprudence And The Confidentiality Provision Of The Americans With Disabilities Act, Rose A. Daly-Rooney Jan 1993

Designing Reasonable Accomodations Through Co-Worker Participation: Therapeutic Jurisprudence And The Confidentiality Provision Of The Americans With Disabilities Act, Rose A. Daly-Rooney

Journal of Law and Health

The Americans with Disabilities Act prohibits discrimination on the basis of disability in employment, public accommodations, transportation, communication, and services provided by state and local government. Title I of the ADA addresses employment discrimination against people with disabilities. Among other things, the ADA prohibits an employer from rejecting an applicant solely because of the need to provide that applicant with a reasonable accommodation. At the same time, the ADA requires that an employer maintain confidentiality about the applicant or employee's medical condition or medical history obtained during acceptable inquiries, including those inquiries needed to design appropriate accommodations.


Effectively Implementing Title 1 Of The Americans With Disabilities Act For Mentally Disabled Persons: A Therapeutic Jurisprudence Analysis, Deborah A. Dorfman Jan 1993

Effectively Implementing Title 1 Of The Americans With Disabilities Act For Mentally Disabled Persons: A Therapeutic Jurisprudence Analysis, Deborah A. Dorfman

Journal of Law and Health

This article discusses the potential impact that Title I has on the lives of individuals with mental disabilities and methods by which it can be most effectively implemented and enforced. The following section discusses the potential impact that Title I can have on the lives of the mentally disabled, specifically in the areas of independent living and quality of life. Part III will examine problems enforcing Title I which interfere with the ability of the mentally disabled to fully benefit from the statute. The second half of this article discusses how to best implement and enforce Title I from a …


The Use Of Interpreters For The Deaf And The Legal Community's Obligation To Comply With The A.D.A., Jo Anne Simon Jan 1993

The Use Of Interpreters For The Deaf And The Legal Community's Obligation To Comply With The A.D.A., Jo Anne Simon

Journal of Law and Health

Title II of the ADA, which most closely resembles section 504 of the Rehabilitation Act of 1973, requires that state and local government facilities, including courts, be accessible to individuals with disabilities. Title III of the Act requires that public accommodations be accessible to persons with disabilities. The Act specifically includes attorney's offices in its definition of public accommodation. Title II and III of the Act require that reasonable accommodations be provided to qualified persons with disabilities, unless such provision would fundamentally alter the goods, services or programs provided. Reasonable accommodations can take the form of auxiliary aids and services, …