Disability Law Commons^™

Supporting Employment Consultants In Their Work With Job Seekers. A Longitudinal Study, Alberto Migliore, John Butterworth, Oliver Lyons, Kelly Nye-Lengerman, Paul Foos, Thinkwork! At The Institute For Community Inclusion At Umass Boston

ThinkWork! Publications

BACKGROUND: A key step for increasing the employment outcomes of job seekers with disabilities includes ensuring that employment consultants who assist them have the tools to succeed, including feedback about how they are performing. OBJECTIVE: Supporting employment consultants in their work with job seekers by providing feedback about the implementation of the support strategies recommended in the literature. METHODS: Sixty-one employment consultants completed a daily survey for one year, on their smartphones. RESULTS: Providing supports that lead to hire represented 30% of the employment consultants’ work time. When providing supports that lead to hire, most of the primary interactions were …

State Employment First Policies #3: Investing In Training And Technical Assistance To Build Capacity In Integrated Employment, Jennifer Bose, Jean Winsor, Jaimie Ciulla Timmons, Thinkwork! At The Institute For Community Inclusion At Umass Boston

ThinkWork! Publications

For more than a decade, many states have been developing policies that prioritize integrated employment as the first choice and preferred outcome for individuals with intellectual/developmental disabilities (IDD). Collectively, these actions have been united under the framework of Employment First, a commitment by states and state IDD agencies to the propositions that all individuals with IDD (a) are capable of performing work in typical integrated employment settings, (b) should receive as a matter of state policy employment-related services and supports as a priority over other facility-based and non-work day services, and (c) should be paid at minimum or prevailing wage …

The Essential Characteristics Of Successful Organizational Transformation: Findings From A Delphi Panel Of Experts, Oliver Lyons, Jaimie Ciulla Timmons, Allison Cohen Hall, Stephanie Leblois, Thinkwork! At The Institute For Community Inclusion At Umass Boston

ThinkWork! Publications

BACKGROUND: Federal legislation has called for the phasing out of sheltered workshops and the transition to integrated employment, causing providers to struggle with how to adapt their model towards providing community integration services.

Law School News: Appeals Court Hears Labor Arguments At Roger Williams University School Of Law 10-2-2018, Katie Mulvaney, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Bringing Employment First To Scale: Support Coordination Strategies That Impact Employment Outcomes And Services For Individuals Served By State Intellectual/Developmental Disabilities Agencies, Barbara Brent, Rie Kennedy-Lizotte, Mary Lee Fay, Thinkwork! At The Institute For Community Inclusion At Umass Boston

ThinkWork! Publications

Leadership from NASDDDS and ICI worked together to determine topics for a series of white papers on policies that influence employment outcomes for individuals with IDD. This white paper is the third in a series of five. It provides an overview of strategies that support coordinators, or case managers, use to influence employment outcomes for individuals with IDD who are receiving state funded services.

Bringing Employment First To Scale: Pushing The Integrated Employment Agenda: A Case Study Of Maryland’S High-Performing Employment System, Jean Winsor, Cady Landa, Allison C. Hall, Caro Narby, Thinkwork! At The Institute For Community Inclusion At Umass Boston

ThinkWork! Publications

This brief summarizes data collected from key informants in Maryland about the state’s efforts to support integrated employment for people with intellectual and developmental disabilities (IDD). It highlights features that contribute to the effectiveness of Maryland’s collaborative structures that have resulted in the state’s success in achieving integrated employment outcomes for individuals with IDD across three state systems: IDD, vocational rehabilitation (VR), and education. Presentation of these features is organized by the seven elements of the Higher-Performing States Employment Framework. These elements have been found to be important in achieving higher rates of competitive integrated employment outcomes for people with …

Too Ill To Be Killed: Mental And Physical Competency To Be Executed Pursuant To The Death Penalty, Linda A. Malone

Faculty Publications

Mentally ill individuals are being housed in prisons and jails throughout the country. Due to decreased funding and overpopulation of correctional facilities, individuals with pre-existing illnesses, as well as others who develop illnesses, are in severe need of mental health services and punished for their ailments through the use of solitary confinement, long prison sentences, and lack of care. The stress created by such conditions is amplified for mentally ill prisoners who are awaiting execution or the dismissal of their death row sentences. These individuals must show that they are competent to stand trial, exhibit the mental state required for …

State Employment First Policies #2: Engaging Stakeholders In Development And Implementation, Jennifer Bose, Jean Winsor, Jaimie Ciulla Timmons, Thinkwork! At The Institute For Community Inclusion At Umass Boston

ThinkWork! Publications

This brief is the second in a series focusing on Employment First implementation as it relates to one of the seven elements within the High-Performing States in Integrated Employment model. It looks at the interagency collaboration and partnership element in depth. Interagency partnership and collaboration includes interagency agreements and relationships, provider collaboration, and outreach to stakeholders to ensure that integrated employment is a shared goal.
Case study data was collected for a sub-sample of seven states: Connecticut (CT), Delaware (DE), Kansas (KS), Minnesota (MN), Missouri (MO), Tennessee (TN), and Washington (WA). These states were selected because they represent a wide …

Bringing Employment First To Scale: Writing For Families: Tips To Increase The Impact Of Training Materials, Jennifer Bose, John Kramer, Thinkwork! At The Institute For Community Inclusion At Umass Boston

ThinkWork! Publications

This brief covers some of the lessons learned in reviewing literature designed to engage with families about employment. It suggests some tips and strategies to use with families to increase effective involvement and collaboration.

Bringing Employment First To Scale: State Of The Science As A Knowledge Translation Strategy, John Kramer, Caro Narby, Thinkwork! At The Institute For Community Inclusion At Umass Boston

ThinkWork! Publications

To synthesize our findings to date, the ThinkWork team at ICI developed 3 draft papers that captured the core themes from our RRTC on Advancing Employment for Individuals with Intellectual and/or Developmental Disabilities (IDD). We asked experts in the field to weigh in on these papers, and then broadly disseminated the papers to multiple audiences. Our primary goal was to engage with a diverse group with a range of perspectives and experiences, including fellow researchers, state agency employees, rehabilitation providers, and individuals with IDD and their families. To reach this goal we used a Knowledge Translation (KT) process. KT has …

The Pro Bono Collaborative Project Spotlight: Rwu Law Alums Providing Pro Bono Through The Pbc (September 20, 2018), Roger Williams University School Of Law

Pro Bono Collaborative Staff Publications

No abstract provided.

Building An Evidence-Based, Holistic Approach To Advancing Integrated Employment, Allison C. Hall, John Butterworth, Jean Winsor, John Kramer, Kelly Nye-Lengerman, Jaimie Ciulla Timmons, Thinkwork! At The Institute For Community Inclusion At Umass Boston

ThinkWork! Publications

Since the introduction of supported employment in the Developmental Disabilities Act of 1984 and the Rehabilitation Act Amendments of 1986, there has been continued development and refinement of best practices in employment services and supports. Progress includes creative outcomes for individuals with significant support needs including customized jobs and self-employment, community rehabilitation providers that have shifted emphasis to integrated employment, and states that have made a substantial investment in Employment First policy and strategy. Despite these achievements, the promise of integrated employment remains elusive for the majority of individuals with intellectual and developmental disabilities. The number of individuals supported in …

Strengthening Employment Services For Job Seekers With Intellectual And Developmental Disabilities (Bringing Employment First To Scale, No 15), Alberto Migliore, Kelly Nye-Lengerman, Oliver Lyons, John Butterworth, Thinkwork! At The Institute For Community Inclusion At Umass Boston

ThinkWork! Publications

Strengthening the effectiveness of employment services for job seekers with disabilities is key for improving their employment outcomes and their financial self-sufficiency. The purpose of this brief is to examine the quality of employment services available to job seekers with disabilities, and to offer recommendations for improvement. Findings are from a longitudinal study that involved 61 employment 37 employment programs in 17 states. Data were collected through a survey employment specialists, delivered to the job developers, or participants’ business developers. smartphones every work day for one year. Based on these findings and the literature about effective employment support practices, we …

Meshing Employment Services, John Kramer, Thinkwork! At The Institute For Community Inclusion At Umass Boston, Nicole Jorwic, Nancy Mercer, Jill Pierce, Kevin Walker

ThinkWork! Publications

Working with vocational rehab, DDS, and community agencies to secure community employment with the supports you need for success!

Stuck In Neutral: The Americans With Disabilities Act And The State Of Paratransit Service In New York City, Britney Wilson

Articles & Chapters

No abstract provided.

Disability Rights Symposium Coverage, Human Rights Brief

Human Rights Brief Spring 2018 Regional Coverage

No abstract provided.

Rethinking Judicial Review Of High Volume Agency Adjudication, Jonah B. Gelbach, David Marcus

All Faculty Scholarship

Article III courts annually review thousands of decisions rendered by Social Security Administrative Law Judges, Immigration Judges, and other agency adjudicators who decide large numbers of cases in short periods of time. Federal judges can provide a claim for disability benefits or for immigration relief the sort of consideration that an agency buckling under the strain of enormous caseloads cannot. Judicial review thus seems to help legitimize systems of high volume agency adjudication. Even so, influential studies rooted in the gritty realities of this decision-making have concluded that the costs of judicial review outweigh whatever benefits the process creates.

We …

Compensating Work-Related Disability: Theory, Politics And History Of The Commodification-Decommodification Dialectic, Eric Tucker

Articles & Book Chapters

In 2015, the last year for which we have complete Canadian data, workers' compensation boards recognized that 852 Canadian workers died from work-related injuries and diseases and 232,629 workers experienced disabling injuries requiring them to take time off work. About 13 percent of those injured will have permanent disabilities of varying severity. These figures significantly underestimate the true burden of work-related disability for at least three reasons. First, the percentage of the paid Canadian workforce covered by workers' compensation has been shrinking. In 2008, it was estimated to stand at about 80 percent, although coverage bounced back to about 85 …

The Interplay Between Human Rights And Accessibility Laws: Lessons Learned And Considerations For The Planned Federal Accessibility Legislation, Laverne Jacobs

Law Publications

In this study, the author analyzes, comparatively, the administrative governance functions of legislation that provides accessibility standards in six jurisdictions that also offer legal protection from discrimination to people with disabilities: Australia, the United Kingdom, the United States and the Canadian provinces of Ontario, Manitoba and Nova Scotia. The following governance functions were examined: a) creating accessibility standards, b) enforcing accessibility standards, c) enforcing decisions,d) encouraging compliance, e) raising public awareness (and promoting systemic culture change) and f) public education. The study was conducted with a view to understanding how human rights laws, principles and values can be used to …

Caged In: The Devastating Harms Of Solitary Confinement On Prisoners With Physical Disabilities, Jamelia Morgan

Faculty Articles and Papers

This article draws from interviews with currently and formerly incarcerated people with disabilities, disability rights advocates, prisoners' rights advocates, medical experts, legal scholars, and correctional officials, and examines the conditions of confinement, harms, and challenges facing prisoners with physical disabilities in solitary confinement. In addition, this article fills some of the gaps in data and where possible builds on existing data to provide a snapshot into (1) the number of people with physical disabilities; (2) the number of prisoners with physical disabilities in solitary confinement; and (3) the volume of grievances filed by prisoners with disabilities in ten state prison …

Who's Pretending To Care For Him? How The Endless Jail-To-Hospital-To-Street-Repeat Cycle Deprives Persons With Mental Disabilities The Right To Continuity Of Care, Naomi Weinstein, Michael L. Perlin

Articles & Chapters

There is a well-documented “shuttle process” by which individuals committed to psychiatric institutions (having been charged with minor “nuisance”-type criminal offenses) are often stabilized, returned to jail to await trial, and then returned to the hospital following relapse. This shuttling or cycling is bad for many reasons, not least of which is the way that it deprives the cohort of individuals at risk from any meaningful continuity of care. Continuity of care is crucial in order to reduce the rate of incarceration and institutionalization for persons with mental illness. Without this continuity, it is far less likely that any therapeutic …

Who Will Judge The Many When The Game Is Through: Considering The Profound Differences Between Mental Health Courts And Traditional Involuntary Civil Commitment Courts, Michael L. Perlin

Articles & Chapters

This paper is an expansion of a presentation given by the author at the annual Therapeutic Jurisprudence Workshop at Osgoode Hall Law School, York University, Toronto, Ontario, Canada, October 15, 2016. There is a developing robust literature about mental health courts (MHCrts) in the United States, and researchers have begun to focus on a broad range of empirical issues, such as the extent to which defendants are competent to waive their trial rights in such settings, the significance of diversion, etc. Also, advocates and other scholars have engaged in vigorous debates about the value of these courts, and the extent …

'Your Old Road Is/Rapidly Agin': International Human Rights Standards And Their Impact On Forensic Psychologists, The Practice Of Forensic Psychology, And The Conditions Of Institutionalization Of Persons With Mental Disabilities, Michael L. Perlin

Articles & Chapters

An earlier version of this paper was presented as the Lynn Stuart Weiss lecture at the American Psychological Association yearly conference, sponsored by the American Psychology-Law Society and the American Psychology Foundation, August 2016, Denver, Colorado.

For years, considerations of the relationship between international human rights standards and the work of forensic psychologists have focused on the role of organized psychology in prisoner abuse at Guantanamo Bay and Abu Ghirab. That issue has been widely discussed and debated, and these discussions show no sign of abating. But there has been virtually no attention given to another issue of international human …

She's Nobody's Child/The Law Can't Touch Her At All': Seeking To Bring Dignity To Legal Proceedings Involving Juveniles, Michael L. Perlin, Alison Lynch

Articles & Chapters

Recent Supreme Court decisions declaring unconstitutional both capital punishment (Roper v. Simmons, 2005) and life without parole (Graham v. Florida, 2010) in cases involving juveniles might lead a casual observer to think that we are now in an era in which dignity of juveniles is privileged in the legal system and in which humiliation and shame are subordinated. This observation, sadly, would be wrong.

Inquiries into a range of issues involving juveniles – commitment to psychiatric institutions; trials in juvenile courts; aspects of criminal procedure that, in many jurisdictions, bar juveniles from raising the incompetency status or the insanity defense; …

One Not Like The Other: An Examination Of The Use Of The Affirmative Action Analogy In Reasonable Accommodation Cases Under The Americans With Disabilities Act, Jamelia Morgan

Faculty Articles and Papers

This Article discusses the debate within the courts regarding the employer's affirmative obligations under the ADA's reasonable accommodation clause by focusing on the use of the affirmative action analogy. The purpose of this Article is to examine the evolution of the affirmative-action analogy in reasonable-accommodation case law over time and to decipher its meaning and relevance. At the onset, it is important to establish a few definitions and assumptions. First, the affirmative-action analogy refers to cases where courts liken or compare the plaintiff's reasonable-accommodation request to affirmative action. Specifically, the Article examines cases where the term "affirmative action" explicitly appears …

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 …

Puppies, Ponies, Pigs And Parrots: Policies, Practices, And Procedures In Pubs, Pads, Planes And Professions: Where We Live, Work, And Play, And How We Get There: Animal Accommodations In Public Places, Housing, Employment, And Transportation, Laura Rothstein

Brandeis School of Law Faculty Scholarship

This is an expanded and updated version of an article published in 23 ANIMAL L.13 (2018). It examines how disability discrimination policy clarifies when animals may be allowed as accommodations in various settings. It provides basic statutory and regulatory framework for these settings, administrative agency guidance, and judicial interpretations of these requirements in various settings. Major settings where animals might be an accommodation are addressed separately, with particular focus on higher education institutions and health care settings.

Traumatic Brain Injury And A Divergence Between Moral And Criminal Responsibility, Paul J. Litton

Faculty Publications

Traumatic brain injury (TBI), particularly in severe cases, can have such extraordinary effects on one's psychological capacities that it may be relevant to many kinds of legal claims in criminal proceedings. The focus of this essay is on claims related to an agent's status as a responsible agent. In other words, this essay will discuss the relationship between traumatic brain injury and claims that an individual does not have the capacities required to be fairly held accountable for wrongful actions. The law may hold most adults fully responsible for their crimes, but it may not hold responsible young children and …

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

Faculty Scholarship

No abstract provided.

An Assessment Of Disability Access At The University Of Kentucky, Megan S. Coffinbargar

Oswald Research and Creativity Competition

This study assesses the Americans with Disabilities Act of 1990 (ADA) compliance at the University of Kentucky. Twenty buildings frequently used by undergraduates at the University of Kentucky were evaluated using the ADA Checklist for Existing Facilities focusing on Title III, Public Accommodations, and Priority Two, Access to Goods and Services. Data was collected over two weeks (July 20, 2017-August 3, 2017) and then evaluated using descriptive analysis. Data was analyzed looking across checklist items, buildings, checklist categories, and construction dates. Looking across checklist items, compliance ranged from 12-20 buildings out of 20 possible with 18.485 buildings as the average. …