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Disability Law Commons

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2009

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Articles 1 - 30 of 49

Full-Text Articles in Disability Law

Health Care And The Un Disability Rights Convention, Michael Ashley Stein, Penelope J S Stein, Dorothy Weiss, Raymond Lang Nov 2009

Health Care And The Un Disability Rights Convention, Michael Ashley Stein, Penelope J S Stein, Dorothy Weiss, Raymond Lang

Popular Media

No abstract provided.


Data Note: Job Seekers With Disabilities At One-Stop Career Centers: An Examination Of Registration For Wagner-Peyser Funded Employment Services From 2002 To 2007, David Hoff, Frank A. Smith Nov 2009

Data Note: Job Seekers With Disabilities At One-Stop Career Centers: An Examination Of Registration For Wagner-Peyser Funded Employment Services From 2002 To 2007, David Hoff, Frank A. Smith

Data Note Series, Institute for Community Inclusion

The Wagner-Peyser Act of 1933 established a nationwide system of public employment services, known as the Employment Service. Wagner-Peyser funds are a primary source of funding for the services of One-Stop Career Centers that provide employment services available to all people, including people with disabilities. This data note examines trends on a national and state-by-state basis in the number and percentage of job seekers who self-identified as having disabilities who register for Wagner-Peyser Employment Services.


Special Education Law, William H. Hurd, Stephen C. Piepgrass Nov 2009

Special Education Law, William H. Hurd, Stephen C. Piepgrass

University of Richmond Law Review

No abstract provided.


When The Duty To Provide A Reasonable Accommodation Seems Unreasonable: Accommodating And Managing Employees With Episodic Impairments Or Impairments In Remission Under The Ada Amendments Act Of 2008, Gina M. Cook Oct 2009

When The Duty To Provide A Reasonable Accommodation Seems Unreasonable: Accommodating And Managing Employees With Episodic Impairments Or Impairments In Remission Under The Ada Amendments Act Of 2008, Gina M. Cook

North Carolina Central Law Review

No abstract provided.


Thoughts On The Churn Law, Michael Halley Sep 2009

Thoughts On The Churn Law, Michael Halley

NULR Online

A grand alliance is forming, and new trenches are being dug on the old and hallowed battleground of the Constitution. Waving the stars and stripes of “constitutional design,” and richly equipping themselves with the weaponry of reason, scholars like Richard Fallon, Sanford Levinson, and Jack Balkin have taken the field to determine “what provisions for judicial review (if any) ought to exist in constitutions for all societies whose people and legislatures are seriously committed to respecting rights,” and to avoiding “constitutional crises” by “careful planning.” Fallon, a self-proclaimed “system-designer,” applauds himself for having “plowed rich ground.” Levinson and Balkin claim ...


Broken Promises: When Does A School's Failure To Implement An Individualized Education Program Deny A Disabled Student A Free And Appropriate Public Education, David Ferster Sep 2009

Broken Promises: When Does A School's Failure To Implement An Individualized Education Program Deny A Disabled Student A Free And Appropriate Public Education, David Ferster

Buffalo Public Interest Law Journal

No abstract provided.


Technical Standards For Admission To Medical School: Deaf Candidates Don't Get No Respect, Michael Schwartz Sep 2009

Technical Standards For Admission To Medical School: Deaf Candidates Don't Get No Respect, Michael Schwartz

Buffalo Public Interest Law Journal

No abstract provided.


Ratify The Un Disability Treaty, Michael Ashley Stein, Janet E. Lord Jul 2009

Ratify The Un Disability Treaty, Michael Ashley Stein, Janet E. Lord

Popular Media

No abstract provided.


Disability-Selective Abortion And The Americans With Disabilities Act, Dov Fox, Christopher L. Griffin Jr. Jul 2009

Disability-Selective Abortion And The Americans With Disabilities Act, Dov Fox, Christopher L. Griffin Jr.

Faculty Publications

This Article examines the influence of the Americans with Disabilities Act (ADA) on affective attitudes toward children with disabilities and on the incidence of disability-selective abortion. Applying regression analysis to U.S. natality data, we find that the birthrate of children with Down syndrome declined significantly in the years following the ADA’s passage. Controlling for technological, demographic, and cultural variables suggests that the ADA may have encouraged prospective parents to prevent the existence of the very class of people it was designed to protect. We explain this paradox by showing the way in which specific ADA provisions could have ...


Data Note: Work Incentives And Ssi Recipients With Intellectual Disabilities, Frank A. Smith, John Butterworth Jul 2009

Data Note: Work Incentives And Ssi Recipients With Intellectual Disabilities, Frank A. Smith, John Butterworth

Data Note Series, Institute for Community Inclusion

Congress has enacted a number of work incentive programs for Supplemental Security Income (SSI) recipients with disabilities after concluding additional incentives were necessary to help individuals become self-supporting. Moreover, Congress has noted that individuals who could work outside of sheltered workshops might have been discouraged from doing so by the fear of losing their benefits before they had established for themselves the capability for continued self-support. In this Data Note, we explore the degree to which SSI recipients with Intellectual Disabilities (ID) work and participate in these incentive programs.


Social Rights And The Relational Value Of The Rights To Participate In Sport, Recreation And Play, Janet E. Lord, Michael Ashley Stein Jul 2009

Social Rights And The Relational Value Of The Rights To Participate In Sport, Recreation And Play, Janet E. Lord, Michael Ashley Stein

Faculty Publications

No abstract provided.


Book Review Of Unspeakable: The Story Of Junius Wilson, Michael Ashley Stein, Aviam Soifer Jul 2009

Book Review Of Unspeakable: The Story Of Junius Wilson, Michael Ashley Stein, Aviam Soifer

Faculty Publications

No abstract provided.


Data Note: Indicators Of Labor Market Success For People With Intellectual Disabilities, Frank A. Smith, John Butterworth Jun 2009

Data Note: Indicators Of Labor Market Success For People With Intellectual Disabilities, Frank A. Smith, John Butterworth

Data Note Series, Institute for Community Inclusion

Reporting meaningful indicators of labor market success for individuals with disabilities, particularly Intellectual Disabilities (ID), is challenging for a number of reasons. Measures that allow people to indicate specific disabilities like ID are uncommon in large national data sets. Additionally, the use of the “traditional” unemployment rate reported by the Department of Labor as an indicator of labor market success for people with disabilities leaves people who are not in the labor force, a significant group when it comes to subpopulations of people with disabilities, out of the calculation. In this data note, we discuss the implications of using the ...


Counting Working-Age People With Disabilities: What Current Data Tell Us And Options For Improvement, Andrew J. Houtenville, David C. Stapleton, Robert R. Weathers, Richard V. Burkhauser May 2009

Counting Working-Age People With Disabilities: What Current Data Tell Us And Options For Improvement, Andrew J. Houtenville, David C. Stapleton, Robert R. Weathers, Richard V. Burkhauser

Upjohn Press

This book offers a systematic review of what current statistics and data on working-age people with disabilities can and cannot tell us, and how the quality of the data can be improved to better inform policymakers, advocates, analysts, service providers, administrators, and others interested in this at-risk population.


Case Studies: Employment Data Systems: Florida's Agency For Persons With Disabilities, Allison Cohen Hall, Jean Winsor, John Butterworth May 2009

Case Studies: Employment Data Systems: Florida's Agency For Persons With Disabilities, Allison Cohen Hall, Jean Winsor, John Butterworth

Case Studies Series, Institute for Community Inclusion

The increasing emphasis on government accountability at the state and federal levels has increased interest in and use of outcome data. Moreover, research has found that high performing states in integrated employment generally have a clear and visible data collection system that provides individual outcome data (Hall et al, 2007). But what are the most important elements in designing and using a system? Stakeholders have raised questions regarding creating effective data collection systems, identifying variables with the most utility for influencing policy, and using data as a strategic planning tool. This series is intended to shed light on the successes ...


Institute Brief: Advancing Parent-Professional Leadership: Effective Strategies For Building The Capacity Of Parent Advisory Councils In Special Education, Heike Boeltzig, Matthew Kusminsky, Susan M. Foley, Richard Robison, Barbara Popper, Marilyn Gutierrez-Wilson May 2009

Institute Brief: Advancing Parent-Professional Leadership: Effective Strategies For Building The Capacity Of Parent Advisory Councils In Special Education, Heike Boeltzig, Matthew Kusminsky, Susan M. Foley, Richard Robison, Barbara Popper, Marilyn Gutierrez-Wilson

The Institute Brief Series, Institute for Community Inclusion

The Individuals with Disabilities Education Act, last amended in 2004 (IDEA 2004), encourages parents and educators to work collaboratively, emphasizing that as a team they are uniquely suited to make decisions that help improve the educational experiences and outcomes of children with disabilities. The Advancing Parent-Professional Leadership in Education (APPLE) Project was funded to develop the leadership skills of parents individually and within their communities. The project took place in Massachusetts, where school districts are required to have a special education parent advisory council (SEPAC).


Reasonably Accommodating Nonmitigating Plaintiffs After The Ada Amendments Act Of 2008, Reagan S. Bissonnette May 2009

Reasonably Accommodating Nonmitigating Plaintiffs After The Ada Amendments Act Of 2008, Reagan S. Bissonnette

Boston College Law Review

The passage of the ADA Amendments Act of 2008 ("ADAAA") has significantly changed the landscape of disability law in the United States. Prior to the ADAAA, the Supreme Court narrowed the definition of "disability" under the ADA in the landmark case Sutton v. United Air Lines, Inc. Superseding Sutton, the ADAAA broadens the definition of "disability" by indicating that measures used to successfully mitigate a plaintiff's impairment may not be considered when determining whether a plaintiff is "disabled." The ADAAA does not, however, expressly address plaintiffs who fail to use these mitigating measures, and there has been confusion among ...


One Step Closer To Mental Health Parity, Lorraine Schmall Apr 2009

One Step Closer To Mental Health Parity, Lorraine Schmall

Nevada Law Journal

No abstract provided.


The Criminalization Of Mental Illness: How Theoretical Failures Create Real Problems In The Criminal Justice System, Georgia L. Sims Apr 2009

The Criminalization Of Mental Illness: How Theoretical Failures Create Real Problems In The Criminal Justice System, Georgia L. Sims

Vanderbilt Law Review

When Andrea Yates drowned her five children, she believed she was preventing Satan from infiltrating their souls. Rusty Yates blamed both the mental health system and the criminal justice system for his wife's actions and also for her initial conviction. Andrea Yates suffered from post-partum depression and psychosis; had attempted suicide twice; had been hospitalized on several occasions for psychiatric treatment; and was found not guilty by reason of insanity in her 2006 retrial.' Although Yates likely will spend the rest of her life in a mental institution, she will receive mental health treatment throughout her time at the ...


The Rights Of Parentally-Placed Private School Students Under The Individuals With Disabilities Education Improvement Act Of 2004 And The Need For Legislative Reform, Lewis M. Wasserman Mar 2009

The Rights Of Parentally-Placed Private School Students Under The Individuals With Disabilities Education Improvement Act Of 2004 And The Need For Legislative Reform, Lewis M. Wasserman

Brigham Young University Education and Law Journal

No abstract provided.


By Reason Thereof: Causation And Eligibility Under The Individuals With Disabilites Education Act, Katherine May Mar 2009

By Reason Thereof: Causation And Eligibility Under The Individuals With Disabilites Education Act, Katherine May

Brigham Young University Education and Law Journal

No abstract provided.


“Corrective Surgery” And The Americans With Disabilities Act, Jeannette Cox Feb 2009

“Corrective Surgery” And The Americans With Disabilities Act, Jeannette Cox

School of Law Faculty Publications

This Article challenges the assumption that the Americans with Disabilities Act (ADA) requires persons with disabilities to undergo corrective surgery as a precondition to membership in the ADA's protected class. This issue is ripe for discussion because current efforts to amend the ADA, although not focused on the corrective surgery issue, will unsettle the current doctrine underpinning many courts' conclusions that an individual's decision to forgo available medical technology bars her from relief under the ADA. The article aims to make two contributions. First, it argues that the ADA's focus on reshaping cultural responses to disability suggests ...


Tennessee V. Lane, Martha A. Field, Michael Ashley Stein Jan 2009

Tennessee V. Lane, Martha A. Field, Michael Ashley Stein

Faculty Publications

No abstract provided.


Yougberg V. Romeo, Michael Ashley Stein, William P. Alford Jan 2009

Yougberg V. Romeo, Michael Ashley Stein, William P. Alford

Faculty Publications

No abstract provided.


Data Note: Postsecondary Education And Employment Outcomes For Youth With Intellectual Disabilities, Alberto Migliore, John Butterworth Jan 2009

Data Note: Postsecondary Education And Employment Outcomes For Youth With Intellectual Disabilities, Alberto Migliore, John Butterworth

Data Note Series, Institute for Community Inclusion

Completion of postsecondary education is commonly associated with better employment outcomes for the general population. There is increasing interest in postsecondary education as an opportunity for individuals with intellectual disabilities (ID). One role that vocational rehabilitation (VR) serves is to support postsecondary education in accordance with their Individualized Plan for Employment (IPE).


Tools For Inclusion: Disclosure Of Disability Information At A One-Stop Career Center: Tips And Guidelines, David Hoff Jan 2009

Tools For Inclusion: Disclosure Of Disability Information At A One-Stop Career Center: Tips And Guidelines, David Hoff

Tools for Inclusion Series, Institute for Community Inclusion

One-Stops Career Centers (One-Stops) were established under the federal Workforce Investment Act to provide a full range of job seeker assistance under one roof. One-Stops are located at a variety of locations in each state, with more than 3,200 centers across the country. More than 13 million people per year use the One-Stop system. Many of these are people with disabilities.


Keynote Address: Expanding Human Rights To Persons With Disabilities: Laying The Groundwork For A Twenty-First Century Movement, Yanghee Lee Jan 2009

Keynote Address: Expanding Human Rights To Persons With Disabilities: Laying The Groundwork For A Twenty-First Century Movement, Yanghee Lee

Washington International Law Journal

Dr. Lee’s keynote speech provides a brief history of disability rights as provided for by international human rights treaties. The speech focuses in particular on the Convention on the Rights of the Child (“CRC”) and the recently enacted Convention on Rights of Persons with Disabilities (“CRPD”). The CRC was the first treaty to include a specific provision dealing with the rights of children with disabilities. In this speech, Dr. Lee takes the position that although the CRPD does not create new rights for persons with disabilities, it still represents an important step forward. Dr. Lee emphasizes that the CRPD ...


Disability Rights In Cambodia: Using The Convention On The Rights Of People With Disabilities To Expose Human Rights Violations, Ulrike Buschbacher Connelly Jan 2009

Disability Rights In Cambodia: Using The Convention On The Rights Of People With Disabilities To Expose Human Rights Violations, Ulrike Buschbacher Connelly

Washington International Law Journal

In Cambodia, the percentage of the population living with disabilities is one of the highest in the world. At least 650,000 Cambodians live with a disability, and the exact count may be as high as 1.4 million. The incidence of disability is also expected to increase in the future. Despite the fact that many Cambodians have at least one disability, the country does not have adequate legal provisions to protect the human rights of people with disabilities. There are no comprehensive laws that address disability issues. The few existing laws provide only implicit protections and some directly discriminate ...


A Depth Study Of Buck V. Bell, 274. U.S. 200, Sierra Powell Jan 2009

A Depth Study Of Buck V. Bell, 274. U.S. 200, Sierra Powell

Armacost Library Undergraduate Research Award (ALURA)

The Superintendent of the SCEFM, Dr. Albert S. Priddy, believed Carrie Buck to be feeble-minded. And, as required by law for sexual sterilization of inmates, he filed a petition to the Board of Directors of the SCEFM for the sterilization of Carrie Buck. The petition was granted by the Board on September lOth, 1924 and the performance of a salpingectomy on Carrie Buck was so ordered. The Virginia Sterilization Act also had a provision stipulating that the decision of the special board could be appealed by either party to the Circuit Court of jurisdiction. Action was brought against Dr. Priddy ...


Mining The Intersections: Advancing The Rights Of Women And Children With Disabilities Within An Interrelated Web Of Human Rights, Rangita De Silva De Alwis Jan 2009

Mining The Intersections: Advancing The Rights Of Women And Children With Disabilities Within An Interrelated Web Of Human Rights, Rangita De Silva De Alwis

Washington International Law Journal

This article argues that disability rights are a powerful lens through which to address the multiple forms of discrimination and subordination that women and children with disabilities face. A shift in the human rights paradigm that enables the different human rights treaties affecting women and children with disabilities to be implemented together, within an interlocking web of the human rights framework, will provide the necessary safeguards against multiple and cross cutting forms of discrimination against women and children with disabilities. At the same time, different social movements must come together at these points of intersection in order to create a ...