Open Access. Powered by Scholars. Published by Universities.®

Disability Law Commons

Open Access. Powered by Scholars. Published by Universities.®

2010

Discipline
Institution
Keyword
Publication
Publication Type
File Type

Articles 1 - 30 of 36

Full-Text Articles in Disability Law

Is A Mentally Ill Defendant Still Considered Competent To Waive The Right To Counsel In New York After Indiana V. Edwards?, John H. Wilson Nov 2010

Is A Mentally Ill Defendant Still Considered Competent To Waive The Right To Counsel In New York After Indiana V. Edwards?, John H. Wilson

Pace Law Review

No abstract provided.


China And Disability Rights, Michael Ashley Stein Oct 2010

China And Disability Rights, Michael Ashley Stein

Faculty Publications

No abstract provided.


Data Note: Measuring The Outcomes Of Job Seekers With Intellectual Or Developmental Disabilities In The Vocational Rehabilitation Program, Daria Domin, Alberto Migliore Sep 2010

Data Note: Measuring The Outcomes Of Job Seekers With Intellectual Or Developmental Disabilities In The Vocational Rehabilitation Program, Daria Domin, Alberto Migliore

Data Note Series, Institute for Community Inclusion

Most people with intellectual or developmental disabilities aspire to gainful employment. To assist them with this goal, state Vocational Rehabilitation (VR) agencies offer employment-development services that are based upon Individualized Plans for Employment (IPEs). A commonly used measure of outcomes is the rehabilitation rate, which is defined as the percentage of individuals who achieve employment out of all individuals whose cases were closed after receiving services. This indicator, however, neglects to consider that for various reasons not all individuals progress to receive services. This information is important because not receiving services translates directly into exiting the VR program without an ...


Monitoring The Convention On The Rights Of Persons With Disabilities: Innovations, Lost Opportunities, And Future Potential, Michael Ashley Stein, Janet E. Lord Aug 2010

Monitoring The Convention On The Rights Of Persons With Disabilities: Innovations, Lost Opportunities, And Future Potential, Michael Ashley Stein, Janet E. Lord

Faculty Publications

As the first human rights treaty of the twenty-first century, the United Nations Convention on the Rights of Persons with Disabilities (CRPD) protects some 650 million persons with disabilities. The CRPD also has an opportunity to progressively reconfigure the structure and process of human rights oversight. While the overall framework for monitoring and implementing the CRPD resembles existing core human rights instruments, it has some notable features. The CPRD Committee is endowed with several innovations of significant potential, especially in the breadth of reporting and investigative procedures, thereby offering prospects for other treaty bodies and the human rights system more ...


Jamming The Revolving Door: Legislative Setbacks For Mental Health Court Systems In Virginia, Sheila Moheb Jul 2010

Jamming The Revolving Door: Legislative Setbacks For Mental Health Court Systems In Virginia, Sheila Moheb

Law Student Publications

Part II of this comment will discuss the existing issues that effectuate the tension between the criminal justice system and mentally ill offenders, which provides important context to the debate surrounding the establishment of MHCs. Part III will examine the recent federal support for alternative approaches to handling mentally ill offenders and the different operational tactics implemented by existing MHC programs. Finally, Part IV will study the launch of Virginia’s first MHC in Norfolk, while exploring the latest legislative defeat in Virginia, Senate Bill 158 of the 2010 General Assembly, which sought to establish MHCs statewide.


Missing The Forest For The Trees: Forest Grove School District V. T.A., Theresa Kraft May 2010

Missing The Forest For The Trees: Forest Grove School District V. T.A., Theresa Kraft

The University of New Hampshire Law Review

[Excerpt] “The Individuals with Disabilities Education Act (IDEA) guarantees children who qualify as children with disabilities the right to receive a free appropriate public education (FAPE). There are many points at which parents and school districts may disagree regarding the provision of a FAPE, but as the U.S. Supreme Court has determined in Forest Grove School District v. T.A., when parents and a school district disagree regarding whether children should be identified as children with disabilities, an appropriate remedy could be tuition reimbursement.”


Sadowski V. United States Postal Service: One Step Closer To Delivering A Resolution To The Dispute On Individual Liability For Public Employees Under The Family And Medical Leave Act Of 1993, Leila Early Apr 2010

Sadowski V. United States Postal Service: One Step Closer To Delivering A Resolution To The Dispute On Individual Liability For Public Employees Under The Family And Medical Leave Act Of 1993, Leila Early

North Carolina Central Law Review

No abstract provided.


Disability Law - Welcome To The New Town Square Of Today's Global Village: Website Accessibility For Individuals With Disabilities After Target And The 2008 Amendments To The Americans With Disabilities Act, Stephanie Khouri Apr 2010

Disability Law - Welcome To The New Town Square Of Today's Global Village: Website Accessibility For Individuals With Disabilities After Target And The 2008 Amendments To The Americans With Disabilities Act, Stephanie Khouri

University of Arkansas at Little Rock Law Review

No abstract provided.


Standard Of Care For Students With Disabilities: The Intersection Of Liability Under The Idea And Tort Theories, Ralph D. Mawdsley J.D., Ph.D. Mar 2010

Standard Of Care For Students With Disabilities: The Intersection Of Liability Under The Idea And Tort Theories, Ralph D. Mawdsley J.D., Ph.D.

Brigham Young University Education and Law Journal

No abstract provided.


Access Granted: The Winkelman Case Ushers In A New Era In Parental Advocacy, Laura Mcneal Mar 2010

Access Granted: The Winkelman Case Ushers In A New Era In Parental Advocacy, Laura Mcneal

Brigham Young University Education and Law Journal

No abstract provided.


Data Note: Vocational Rehabilitation Employment Outcomes For Transition-Age Youth With Autism And Other Disabilities, Frank A. Smith, Jaime Lugas Feb 2010

Data Note: Vocational Rehabilitation Employment Outcomes For Transition-Age Youth With Autism And Other Disabilities, Frank A. Smith, Jaime Lugas

Data Note Series, Institute for Community Inclusion

Youth with autism, like youth from other disability subgroups, often participate in state Vocational Rehabilitation (VR) programs to obtain employment. While youth with autism represent a small percentage of all VR closures, the number with autism who closed out of VR more than tripled between 2003 and 2008 (see figure). In this Data Note, we compare employment outcomes for two subgroups of youth who exited VR in FY 2008, those with autism and those with all other disabilities.


Weight Discrimination: Disability Litigation And Public Policy, Tessa Jania Jan 2010

Weight Discrimination: Disability Litigation And Public Policy, Tessa Jania

Public Interest Law Reporter

No abstract provided.


Pleading Disability, Joseph Seiner Jan 2010

Pleading Disability, Joseph Seiner

Faculty Publications

A significant failure. That is how the Americans with Disabilities Act ("ADA") has been described by legal scholars and disability advocates alike. The statute was widely expected to help prevent disability discrimination in employment, but it has not fully achieved its intended purpose because of the narrow interpretation of the ADA by the courts. Congress recently sought to restore the employment protections of the ADA by amending the statute. Interpreting the complex and comprehensive amendments to the ADA will be a difficult task for the federal courts. Complicating matters further, the proper pleading standard for disability claims was left in ...


Institutionalization And Exclusion, Erica L. Shnayder Jan 2010

Institutionalization And Exclusion, Erica L. Shnayder

Erica L Shnayder

On August 15, 2007, Croatia became the fourth country in the world to ratify the Convention on the Rights of Persons with Disabilities. Since then, however, Croatia has failed to meet its obligations under the international treaty. Croatia has made virtually no progress on deinstitutionalization and continues to deny persons with disabilities the right to legal capacity and equal access to education and employment. In Croatia, persons with mental and intellectual disabilities continually face isolation and segregation on the basis of their disability. In order to meet the goals of the CRPD, Croatia must focus on building a more inclusive ...


Too Old To Treat: Is Health Care Of Right To Older Persons In Uganda?, Med Ssengooba Jan 2010

Too Old To Treat: Is Health Care Of Right To Older Persons In Uganda?, Med Ssengooba

Med Ssengooba

This paper analyses health in the context of older persons/ elderly (words used interchangeably) in Uganda. It offers an insight into health care in Uganda generally and the challenges that older persons experience in accessing health care services. The paper discusses the legal basis upon which older persons can enforce the right to health care in courts of law, and thus it offers a critique of Uganda’s domestic legislation, as well as international instruments to which Uganda is a State Party. The paper finally draws best practices from other jurisdictions as it proposes recommendations on how best Uganda’s ...


What Best To Protect Transsexuals From Discrimination: Using Current Legislation Or Adopting A New Judicial Framework, S. Elizabeth Malloy Jan 2010

What Best To Protect Transsexuals From Discrimination: Using Current Legislation Or Adopting A New Judicial Framework, S. Elizabeth Malloy

Faculty Articles and Other Publications

This article specifically examines the issues and controversies that transsexual individuals have encountered as a result of their lack of protection under anti-discrimination laws, particularly the Americans with Disabilities Act (ADA) and Title VII. Part I is an overview of our society's binary sex/gender system and how this system serves to exclude and disenfranchise transsexuals. Part II examines the relationship between disability law and transsexuals, both explaining why they were excluded from the ADA and how state disability laws have provided more protection. Part III discusses how transsexuals have fared under a Title VII sex discrimination approach. This ...


Book Review Of Cause Lawyering For People With Disabilites, Michael Ashley Stein, Michael E. Waterstone, David B. Wilkins Jan 2010

Book Review Of Cause Lawyering For People With Disabilites, Michael Ashley Stein, Michael E. Waterstone, David B. Wilkins

Faculty Publications

No abstract provided.


Why Context Matters: Defining Service Animals Under Federal Law, Rebecca J. Huss Jan 2010

Why Context Matters: Defining Service Animals Under Federal Law, Rebecca J. Huss

Law Faculty Publications

This Article analyzes the differing definitions of service animals under federal law as interpreted by three separate agencies. The regulations and case law interpreting the issue under the Americans with Disabilities Act, the Fair Housing Act, and the Air Carrier Access Act illustrate the need for further clarification in order to ensure that individuals with disabilities are granted the full protection of the law.

Note from Author: After the publication of this article, in July 2010, final regulations for the ADA were released. These final regulations can be found at 75 Fed. Reg. 56164 (Sept. 15, 2010) (applying to state ...


How The Biological/Social Divide Limits Disability And Equality, Martha T. Mccluskey Jan 2010

How The Biological/Social Divide Limits Disability And Equality, Martha T. Mccluskey

Washington University Journal of Law & Policy

If race and gender remain the most valuable currency of identity, Martha McCluskey’s Article intervenes to introduce other emergent categories. Her contribution, How the Biological/Social Divide Limits Disability and Equality, unpacks and criticizes the trajectory along which identity claims are expanding. She uncovers implicit rankings of race, gender, and disability operative in equality jurisprudence, showing how these rankings are reversed under formal and substantive equality models. Next, delving into the struggle for disability justice, she introduces and compares medical and social construction models of disability. Her Article contrasts how law defines disability under workers' compensation rules versus the ...


Reviving Employee Rights - Recent And Upcoming Employment Discrimination Legislation: Proceedings Of The 2010 Annual Meeting Of The Association Of American Law Schools Section On Employment Discrimination Law, Scott A. Moss, Sandra Sperino, Robin R. Runge, Charles A. Sullivan Jan 2010

Reviving Employee Rights - Recent And Upcoming Employment Discrimination Legislation: Proceedings Of The 2010 Annual Meeting Of The Association Of American Law Schools Section On Employment Discrimination Law, Scott A. Moss, Sandra Sperino, Robin R. Runge, Charles A. Sullivan

Articles

No abstract provided.


All In Your Head: A Comprehensive Approach To Somatoform Disorders In Adult Disability Claims, Gregory C. Flatt Jan 2010

All In Your Head: A Comprehensive Approach To Somatoform Disorders In Adult Disability Claims, Gregory C. Flatt

Washington University Law Review

No abstract provided.


Enfeebling The Ada: The Ada Amendments Act Of 2008, Jeffrey D. Jones Jan 2010

Enfeebling The Ada: The Ada Amendments Act Of 2008, Jeffrey D. Jones

Oklahoma Law Review

No abstract provided.


Virtually Enabled: How Title Iii Of The Americans With Disabilities Act Might Be Applied To Online Virtual Worlds, Joshua Newton Jan 2010

Virtually Enabled: How Title Iii Of The Americans With Disabilities Act Might Be Applied To Online Virtual Worlds, Joshua Newton

Federal Communications Law Journal

The rise and popularity of online virtual worlds, such as World of Warcraft and Second Life, holds significant promise for people with disabilities. For people who are unable to easily leave home or travel, virtual worlds provide a public venue, wherein people may interact freely without the social stigma that accompanies disability. However, access to these virtual worlds may be inhibited by physical, visual, or aural impairments, and virtual-world developers can be hostile to modifying their products to mitigate these difficulties. Thus, some disability advocates have turned to Title III of the Americans with Disabilities Act, arguing that places of ...


Pleading Disability, Joseph A. Seiner Jan 2010

Pleading Disability, Joseph A. Seiner

Boston College Law Review

A significant failure. That is how the Americans with Disabilities Act (“ADA”) has been described by legal scholars and disability advocates alike. The statute was widely expected to help prevent disability discrimination in employment, but it has not fully achieved its intended purpose because of the narrow interpretation of the ADA by the courts. Congress recently sought to restore the employment protections of the ADA by amending the statute. Interpreting the complex and comprehensive amendments to the ADA will be a difficult task for the federal courts. Complicating matters further, the proper pleading standard for disability claims was left in ...


Are You Covered? The Need For Improvement In Insurance Coverage For Autism Spectrum Disorder, 44 J. Marshall L. Rev. 291 (2010), Marissa Mazza Jan 2010

Are You Covered? The Need For Improvement In Insurance Coverage For Autism Spectrum Disorder, 44 J. Marshall L. Rev. 291 (2010), Marissa Mazza

The John Marshall Law Review

No abstract provided.


"With Faces Hidden While The Walls Were Tightening": Applying International Human Rights Standards To Forensic Psychology, Michael L. Perlin Jan 2010

"With Faces Hidden While The Walls Were Tightening": Applying International Human Rights Standards To Forensic Psychology, Michael L. Perlin

Articles & Chapters

Although there are now robust bodies of literature in both Alaw and psychology and in international human rights law, there has been remarkably little written about the specific relationship between forensic psychology and international human rights standards (and about the relationship between mental disability law and such standards in general). Attention is paid when it appears that state psychiatry or psychology is used as a tool of political oppressions e.g., in the former Soviet Union or in China, but the literature is strangely silent on questions dealing with the extent to which forensic psychology practice comports withinternational human rights ...


Crossroads And Signposts: The Ada Amendments Act Of 2008, Jeannette Cox Jan 2010

Crossroads And Signposts: The Ada Amendments Act Of 2008, Jeannette Cox

School of Law Faculty Publications

Although the apparent purpose of the 2008 amendments to the Americans with Disabilities Act (ADA) is solely to broaden the ADA 's protected class, the manner in which the amendments achieve this purpose erodes the statute's explicit textual support for understanding persons with disabilities as a politically subordinated minority. The amendments also strengthen the statutory link between the biological severity of a person's disability and that person's right to sue for ADA accommodations. Accordingly, for some courts, the amendments will reinforce the perception that the ADA differs from traditional civil rights law.

Federal courts' understanding of the ...


Ten Federal Circuit Cases From 2009 That Veterans Benefits Attorneys Should Know, Paul R. Gugliuzza, Miguel F. Eaton, Sumon Dantiki Jan 2010

Ten Federal Circuit Cases From 2009 That Veterans Benefits Attorneys Should Know, Paul R. Gugliuzza, Miguel F. Eaton, Sumon Dantiki

UF Law Faculty Publications

The Federal Circuit is the highest court to which veterans can appeal by right for benefits. In 2009, the Federal Circuit decided eighty-seven veterans cases (twelve percent of its overall docket). Twenty-six of those decisions were precedential opinions. There are approximately 23.4 million veterans in the United States, more than three million of whom receive disability compensation. And with two ongoing wars, plans to increase the size of the Army and Marine Corps, and recent legislation impacting the veterans claims process, the Federal Circuit will likely see an increase in veterans cases in the coming years.

Part I of ...


Vouchers For Students With Disabilities: The Future Of Special Education?, Wendy F. Hensel Jan 2010

Vouchers For Students With Disabilities: The Future Of Special Education?, Wendy F. Hensel

Faculty Publications By Year

Many voices over the last decade have called for reform in special education in American public schools. As the number of those receiving services under the Individuals with Disabilities Education Act (“IDEA”) has grown, scholars and pundits have increasingly argued that the system not only is failing to meet the needs of many children with disabilities, but in some cases is actively causing harm to those it is intended to serve.

Over the last several years, an increasing number of state legislatures have proposed or have passed laws that give children with disabilities public money to attend a private school ...


Spreading A Positive Message About Work, Earnings And Benefits Through Peer Networking: Findings From The Peer Employment Benefits Network, Jennifer Sullivan Sulewski, Rick Kugler, John Kramer Jan 2010

Spreading A Positive Message About Work, Earnings And Benefits Through Peer Networking: Findings From The Peer Employment Benefits Network, Jennifer Sullivan Sulewski, Rick Kugler, John Kramer

All Institute for Community Inclusion Publications

Misunderstanding and fears about the impact of earnings on benefits represent a significant barrier in the return-to-work efforts of people with disabilities. This pilot project evaluated an approach to spreading a positive message about work and dispelling myths about the effects of work on Social Security benefits through outreach and networking in the disability community. A peer leadership project was developed by enlisting 33 people with disabilities, mainly through disability advocacy organizations, who had experience with disability benefits. They received several days of basic training about work incentives, networking strategies, and community resources that support employment. These peer leaders then ...