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Articles 1 - 24 of 24
Full-Text Articles in Disability Law
Guardianships Vs. Special Needs Trusts, And Other Protective Arrangements: Ensuring Judicial Accountability And Beneficiary Autonomy, Robert Dinerstein, Frank A. Johns, Patricia E. Kefalas Dudek
Guardianships Vs. Special Needs Trusts, And Other Protective Arrangements: Ensuring Judicial Accountability And Beneficiary Autonomy, Robert Dinerstein, Frank A. Johns, Patricia E. Kefalas Dudek
Articles in Law Reviews & Other Academic Journals
This article focuses on rising tensions and conflicts (perceived and actual) occurring among guardianships, special needs trusts (SNT) and other protective arrangements. The authors focus on three distinctly different applications, guiding participants through 1) Guardianship versus an SNT; 2) Supported decision-making versus an SNT; and 3) Guardianship versus other less restrictive options, including, but not limited to, an Achieving a Better Life Experience (ABLE) account, a representative payee, and a pooled SNT.
Improving The Legal And Regulatory Framework Of Restraint And Seclusion In D.C. Public Schools, James Gallagher
Improving The Legal And Regulatory Framework Of Restraint And Seclusion In D.C. Public Schools, James Gallagher
Upper Level Writing Requirement Research Papers
No abstract provided.
White V. Hesse: Challenging An Oklahoma County's Bail Practices Under The Americans With Disabilities Act And The Rehabilitation Act, Andrew Hamm
Articles in Law Reviews & Journals
No abstract provided.
Using The Ada's 'Integration Mandate' To Disrupt Mass Incarceration, Robert Dinerstein
Using The Ada's 'Integration Mandate' To Disrupt Mass Incarceration, Robert Dinerstein
Articles in Law Reviews & Other Academic Journals
As a result of the disability rights movement's fight for the development of community-based services, the percentage of people with intellectual and developmental disabilities (I/DD) and mental illness living in institutions has significantly decreased over the last few decades. However, in part because of government failure to invest properly in community-based services required for a successful transition from institutions, individuals with disabilities are now dramatically overrepresented in jails and prisons. The Americans with Disabilities Act's (ADA) "integration mandate" -- a principle strengthened by the Supreme Court's 1999 Olmstead v. L.C. decision, entitling individuals with disabilities to receive services in the …
Disability Rights Symposium Coverage, Human Rights Brief
Disability Rights Symposium Coverage, Human Rights Brief
Human Rights Brief Spring 2018 Regional Coverage
No abstract provided.
Exploring The Meaning Of Experiential Deaning, Robert Dinerstein, Margaret Martin Barry
Exploring The Meaning Of Experiential Deaning, Robert Dinerstein, Margaret Martin Barry
Articles in Law Reviews & Other Academic Journals
This article explores the position of associate dean of experiential education in law schools across the country and the central role associate deans play in the changing landscape of legal education. Experiential deans have broad responsibility for overseeing law schools’ experiential education programs. Additional responsibilities differ between institutions, but range from leading efforts to comply with new ABA standards to overseeing the integration of experiential education into the broader curriculum. Analyzing survey data collected from associate experiential deans across the country, the authors find the structure, content, and authority of the position is under-developed. The authors make recommendations on how …
Ending Disparities And Achieving Justice For Individuals With Mental Disabilities, Robert K. Goldman, Sheila Shea
Ending Disparities And Achieving Justice For Individuals With Mental Disabilities, Robert K. Goldman, Sheila Shea
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The Historical Realization Of The Americans With Disabilities Act On Athletes With Disabilities, Michael W. Carroll, Michael Cottingham, Don Lee, Deborah Shapiro, Brenda Pitts
The Historical Realization Of The Americans With Disabilities Act On Athletes With Disabilities, Michael W. Carroll, Michael Cottingham, Don Lee, Deborah Shapiro, Brenda Pitts
Articles in Law Reviews & Other Academic Journals
The Americans with Disabilities Act (ADA) of 1990 has been one of the most powerful tools used by persons with disabilities in the fight for access and equality. Significant case law demonstrates the impact of the ADA on disability sport participation and access, but little is known regarding how the ADA has impacted athletes with disabilities. Thus, the purpose of this study was to gain the perspective of elite athletes with disabilities who competed before and after the ADA's enactment. Participants were interviewed, and the data were transcribed and analyzed. Findings indicated that participants generally felt physical barriers were most …
The Olmstead Imperative: The Right To Live In The Community And Beyond, Robert Dinerstein
The Olmstead Imperative: The Right To Live In The Community And Beyond, Robert Dinerstein
Articles in Law Reviews & Other Academic Journals
Of the 20 Americans with Disabilities Act (ADA) cases that the United States Supreme Court has decided in the 25 years of the statute’s existence, Olmstead v. L.C. by Zimring is without doubt the most significant for people with intellectual and developmental disabilities. Olmstead is the only Supreme Court ADA case that specifically addresses the rights of people with intellectual and developmental disabilities, but its importance goes well beyond this specific fact. In this essay, I set out the holding of the Olmstead decision, its connection to, and extension of, prior case law, the extent of its subsequent enforcement, and …
Promises Kept, Promises Broken, Promises Deferred: The Americans With Disabilities Act, Robert Dinerstein
Promises Kept, Promises Broken, Promises Deferred: The Americans With Disabilities Act, Robert Dinerstein
Articles in Law Reviews & Other Academic Journals
This article, which is part of a 25th anniversary symposium on the ADA's impact on people with intellectual and developmental disabilities, argues that although the ADA has led to some demonstrable improvements in the lives of people with intellectual disabilities, in some areas it has been disappointing (especially because of well-known restrictive court decisions or unrealistic expectations of what the ADA could achieve), while in still other areas the success of the ADA is still "to be determined." The ADA cannot by itself eliminate stigma against people with disabilities, and it is up to advocates to push for judicial and …
A Government Success Story: How Data Analysis By The Social Security Appeals Council (With A Push From The Administrative Conference Of The United States) Is Transforming Social Security Disability Adjudication, Jeffrey Lubbers, Gerald K. Ray
A Government Success Story: How Data Analysis By The Social Security Appeals Council (With A Push From The Administrative Conference Of The United States) Is Transforming Social Security Disability Adjudication, Jeffrey Lubbers, Gerald K. Ray
Articles in Law Reviews & Other Academic Journals
This Article for the special issue on the Administrative Conference of the United States ("ACUS") focuses on how a collaboration between ACUS and the Social Security Administration ("SSA") has helped SSA use data analysis to bring about significant improvements in the quality and consistency of disability case review. SSA's efforts to closely analyze numerous data points in the disability adjudication process (encouraged by ACUS recommendations) have produced information that has led to breakthroughs in how training is provided and feedback is given to Administrative Law Judges and other key staff, which has in turn led to improved productivity and accuracy …
Opening The Floodgates: Does Statutory Expansion Make Potential Conservatees More Vulnerable
Opening The Floodgates: Does Statutory Expansion Make Potential Conservatees More Vulnerable
Articles in Law Reviews & Other Academic Journals
INTRODUCTION: Napoleon Bonaparte is quoted as saying: "Nothing is more difficult, and therefore more precious, than to be able to decide." The quest for independence and the right to call your own shots can be lost at the drop of the gavel. In 2011, the baby boomer generation totaled over 41 million men and women, of which three million celebrated his or her 65th birthday that year. With this increase in the elder population, there has been an increased trend in finding solutions to provide for this population to the point where "[s]ocial services are being pushed to the breaking …
Brown's Dream Deferred: Lessons On Democracy And Identity From Cooper V. Arron To The School-To-Prison Pipeline, Lia Epperson
Brown's Dream Deferred: Lessons On Democracy And Identity From Cooper V. Arron To The School-To-Prison Pipeline, Lia Epperson
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The Ohio State University Dispute Resolution In Special Education Symposium Panel, Robert Dinerstein
The Ohio State University Dispute Resolution In Special Education Symposium Panel, Robert Dinerstein
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Should Congress Create A Special Category Of Ssa Aljs, Jeffrey Lubbers
Should Congress Create A Special Category Of Ssa Aljs, Jeffrey Lubbers
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Implementing Legal Capacity Under Article 12 Of The Un Convention On The Rights Of Persons With Disabilities: The Difficult Road From Guardianship To Supported Decision-Making, Robert Dinerstein
Articles in Law Reviews & Other Academic Journals
No abstract provided.
An Essay On The Stages Of The Clinical Year In Law School: Group Process With Existentialist Roots, Richard J. Wilson
An Essay On The Stages Of The Clinical Year In Law School: Group Process With Existentialist Roots, Richard J. Wilson
Articles in Law Reviews & Other Academic Journals
This short article focuses on "units," or stages of group process, part of my shared experience in law teaching and in adult education at St. Mark’s Church, Capitol Hill, Washington, DC. The article explores the context of the functional education program of church teaching and its common elements with clinical law teaching. The unit structure from church teaching translates well, I conclude, into the structure of clinical legal education.
The Social Security Administration's New Disability Adjudication Rules: A Significant And Promising Reform, Jeffrey Lubbers
The Social Security Administration's New Disability Adjudication Rules: A Significant And Promising Reform, Jeffrey Lubbers
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The Americans With Disabilities Act Of 1990 - Progeny Of The Civil Rights Act Of 1964, Robert Dinerstein
The Americans With Disabilities Act Of 1990 - Progeny Of The Civil Rights Act Of 1964, Robert Dinerstein
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Alternative Approaches To Judicial Review Of Social Security Disability Cases, Jeffrey Lubbers
Alternative Approaches To Judicial Review Of Social Security Disability Cases, Jeffrey Lubbers
Articles in Law Reviews & Other Academic Journals
For many years, Congress has had various bills before it to create alternatives to the current practice of Article III review (in district courts) of Social Security disability cases. This report, prepared initially for the Social Security Advisory Board, reviews the various legislative proposals and statutory alternatives such as the Veterans Administration administrative/judicial review structure. It concludes that, on balance, review before an Article I court (with Court of Appeals review limited to purely legal issues) has numerous advantages over the present system. These advantages include improvements in the accuracy and consistency of results (the federal district courts have vastly …
Developing A Full And Fair Evidentiary Record In A Nonadversary Setting: Two Proposals For Improving Social Security Disability Adjudications, Jeffrey Lubbers, Frank S. Bloch, Paul R. Verkuil
Developing A Full And Fair Evidentiary Record In A Nonadversary Setting: Two Proposals For Improving Social Security Disability Adjudications, Jeffrey Lubbers, Frank S. Bloch, Paul R. Verkuil
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The United States' Position On The Death Penalty In The Inter-American Human Rights System, Richard J. Wilson
The United States' Position On The Death Penalty In The Inter-American Human Rights System, Richard J. Wilson
Articles in Law Reviews & Other Academic Journals
No abstract provided.
George Bush's America Meets Dante's Inferno: The Americans With Disabilities Act In Prison, Ira Robbins
George Bush's America Meets Dante's Inferno: The Americans With Disabilities Act In Prison, Ira Robbins
Articles in Law Reviews & Other Academic Journals
Introduction: The conditions in America's correctional facilities have long been cause for concern. Even those who do not advocate a comfortable quality of life for inmates recognize that basic problems such as overcrowding, inmate violence,' inadequate staffing,2 and increasing costs of building and maintaining prisons have approached crisis levels. Meanwhile, the prison population continues to swell. According to the Bureau of Justice Statistics of the United States Department of Justice, the number of prisoners incarcerated at state and federal prisons annually has grown at a rate of 8.4% in recent years.'
The Absence Of Justice, Robert Dinerstein
The Absence Of Justice, Robert Dinerstein
Articles in Law Reviews & Other Academic Journals
No abstract provided.