Disability Law Commons^™

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

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 health care …

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

Rebecca J. Huss

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 and …

Family-Related Issues In Social And Welfare Law. Legal Methods For Research On Children And Families, Titti Mattsson

Titti Mattsson

No abstract provided.

The Persistence Of Low Expectations In Special Education Law Viewed Through The Lens Of Therapeutic Jurisprduence, Richard Peterson

Richard Peterson

For more than thirty-five years a paradigm of low expectations has infected efforts to educate children with disabilities and has been a persistent and stubborn obstacle to the successful implementation of the Individuals with Disabilities Education Act (IDEA), and its predecessor, the Education of All Handicapped Children Act (EAHCA). This dilemma raises questions addressed in this paper: What is meant by low expectations in the context of Special Education Law? What are the root causes of this phenomenon, and what makes it so resistant to change? How does it impede implementation of the IDEA? And lastly, in what ways does …

Equitable And Adequate Funding For Special Needs Children In Louisiana, Robert A. Garda Jr.

Robert A. Garda

Comprehensive and coordinated special education remains a major problem across public schools in Louisiana. One issue arises due to the fact that special education money in some districts is allotted at the district level instead of following students to the schools they attend, resulting in inconsistent support for schools serving students with multiple types of disabilities. Money is not allocated based on student needs and the neediest students do not receive the services the funding is intended to provide.

Louisiana Appleseed and the Louisiana Bar Foundation have recruited volunteer attorneys to: (1) research Louisiana Minimum Foundation Program (MFP) formulas and …

Guardians Ad Litem In Housing Court, Gerald Lebovits

Hon. Gerald Lebovits

No abstract provided.

Decanting And Its Alternatives: Remodeling And Revamping Irrevocable Trusts, Tom E. Simmons

Thomas E. Simmons

No abstract provided.