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Articles 1 - 6 of 6
Full-Text Articles in Disability Law
Legislative Notes: The Education Of All Handicapped Children Act Of 1975, Donald W. Keim
Legislative Notes: The Education Of All Handicapped Children Act Of 1975, Donald W. Keim
University of Michigan Journal of Law Reform
Part I reviews the landmark judicial decisions which have established the right of handicapped children to participate in free, public education. The basic provisions of the Education of All Handicapped Children Act of 1975 are then presented in Part II. The funding provisions are discussed in Part III with particular emphasis upon the tension between the promise of federal largesse and the expense of compliance with statutory and judicial requirements. Part IV reviews prior efforts to obtain judicial recognition of a substantive right to an appropriate education and suggests some ways in which the 1975 Act may alter the framework …
Termination Of Disability Benefit Payments Without A Prior Hearing Is Not Violative Of Due Process., William R. Crow Jr.
Termination Of Disability Benefit Payments Without A Prior Hearing Is Not Violative Of Due Process., William R. Crow Jr.
St. Mary's Law Journal
Abstract Forthcoming.
Indian Rights: Eligibility Of Indians For State Assistance, Joe D. Dillsaver
Indian Rights: Eligibility Of Indians For State Assistance, Joe D. Dillsaver
American Indian Law Review
No abstract provided.
The Right To An Adequate Income And Employment: A Reply To Professor Bernstein, David L. Chambers
The Right To An Adequate Income And Employment: A Reply To Professor Bernstein, David L. Chambers
Book Chapters
Bernsteins's Paper advances no constitutional arguments for requiring the government to ensure economic security for retarded citizens. His omission is justified not merely by the alternative focus he has chosen, but also by the absence of any sound or vendible constitutional arguments to advance. There remain, however, important roles for attorneys.
The Principle Of The Least Restrictive Alternative For Mentally-Retarded Persons: The Constitutional Issues, David L. Chambers
The Principle Of The Least Restrictive Alternative For Mentally-Retarded Persons: The Constitutional Issues, David L. Chambers
Book Chapters
Mentally retarded people are people. When strong reasons exist to treat them differently from other people, they should be provided the necessary services, restraint, or protection through means that intrude as little as possible on their freedom to live the life that others are permitted to live. "Normalization" is the term professionals use to define the goal and the process of helping mentally retarded citizens lead a "normal" life. The attainment of this goal involves undoing the multitude of formal constrictions governments have typically placed on the retarded citizen's freedom: his place of residence, his schooling, his control over his …
The Definition Of Disability In Social Security And Supplemental Security Income: Drawing The Bounds Of Social Welfare Estates, Lance Liebman
The Definition Of Disability In Social Security And Supplemental Security Income: Drawing The Bounds Of Social Welfare Estates, Lance Liebman
Faculty Scholarship
Federal aid to the disabled is a vast enterprise; over nine billion dollars are annually paid to five million beneficiaries. In this Article, Professor Liebman points out how the ad hoc nature of social welfare legislation and programming has resulted in a system that produces inconsistent and sometimes inequitable determinations of disability. The present system, he argues, draws significant economic and social distinctions among the disabled, as well as distinctions between the disabled and the unemployed, that have been inadequately explained and justified. By focusing on worker expectations generated by the administration of our disability programs, and on the structural …