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Disability Law Commons

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2015

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Articles 1 - 30 of 137

Full-Text Articles in Disability Law

Services For People With Intellectual And/Or Developmental Disabilities In The U.S. Territories, John Butterworth, Thinkwork! At The Institute For Community Inclusion At Umass Boston Dec 2015

Services For People With Intellectual And/Or Developmental Disabilities In The U.S. Territories, John Butterworth, Thinkwork! At The Institute For Community Inclusion At Umass Boston

ThinkWork! Publications

The following report represents an expansion of the data collection activities mandated by a 2012 Administration of Intellectual and Developmental Disabilities (AIDD) Funding Opportunity Announcement (FOA). Prior to 2012, the AIDD funded data projects, Access to Integrated Employment, Family and Individual Information Systems project (FISP), Residential Information Systems Project (RISP) and the State of the States in Developmental Disabilities only collected data from the 50 states and the District of Columbia. The 2012 FOA requested that three of the AIDD data projects work together to include the five U.S. Territories (American Samoa and the Commonwealth of the Northern Marianas ...


Special-Education Litigation: An Empirical Analysis Of North Carolina's First Tier, Lisa Lukasik Dec 2015

Special-Education Litigation: An Empirical Analysis Of North Carolina's First Tier, Lisa Lukasik

West Virginia Law Review

No abstract provided.


The Dimming Light Of The Idea: The Need To Reevaluate The Definition Of A Free Appropriate Public Education, Sarah Lusk Nov 2015

The Dimming Light Of The Idea: The Need To Reevaluate The Definition Of A Free Appropriate Public Education, Sarah Lusk

Pace Law Review

This paper has five parts. Part I examines Individuals with Disabilities Education Act (“IDEA”), explains the definition of a free appropriate public education (“FAPE”), and explores IDEA’s protections for special-education students facing school discipline. Part II discusses the Supreme Court’s interpretation of IDEA and FAPE, as well as how lower courts have interpreted IDEA. Part III focuses on how schools implement IDEA and treat special-education students. Part IV explores the disproportionate effects of school suspension on disabled students and explains the negative impacts, such as the Pipeline. Part V argues that Congress and the Supreme Court must reevaluate ...


The Costs Of Easy Victory, Michael E. Waterstone Nov 2015

The Costs Of Easy Victory, Michael E. Waterstone

William & Mary Law Review

Studies of law and social change often focus on areas of intense conflict, including abortion, gun rights, and various issues around race, gender, and sexual orientation. Each of these has entered the culture wars, inspiring fierce resistance and organized countermovements. A reasonable assumption might be that social change in less controversial areas might be easier. In this Article, I suggest that it is not that simple. Using the disability rights movement, I demonstrate how flying under the radar leads to unappreciated obstacles. The disability rights movement had a relatively easy path to the passage of the Americans with Disabilities Act ...


Defining The "Defined"—Problem Gambling, Pathological Gambling, And Gambling Disorder: Impact On Policy And Legislation, Sarah A. Hinchliffe Nov 2015

Defining The "Defined"—Problem Gambling, Pathological Gambling, And Gambling Disorder: Impact On Policy And Legislation, Sarah A. Hinchliffe

Barry Law Review

No abstract provided.


Rape Of The Mentally Deficient: Satisfaction Of The Nonconsent Element, 15 J. Marshall L. Rev. 115 (1982), Susan Brody Nov 2015

Rape Of The Mentally Deficient: Satisfaction Of The Nonconsent Element, 15 J. Marshall L. Rev. 115 (1982), Susan Brody

Susan L. Brody

No abstract provided.


Rwu Law Launches Legal Clinic For Disabled Veterans, Roger Williams University School Of Law Nov 2015

Rwu Law Launches Legal Clinic For Disabled Veterans, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.


Between A Bed And A Hard Place: How Washington Can Keep Psychiatric Patients In Treatment And Off The Streets, Spencer Babbitt Nov 2015

Between A Bed And A Hard Place: How Washington Can Keep Psychiatric Patients In Treatment And Off The Streets, Spencer Babbitt

Seattle University Law Review

On February 27, 2013, ten psychiatric patients were being involuntarily detained in hospital emergency departments located in Pierce County under Washington State’s Involuntary Treatment Act (ITA). Despite the name of the law that authorized their detainment, these individuals were not receiving any psychiatric treatment during their confinement. Nor were they there as the result of a criminal conviction. The only thing these ten detainees were guilty of was being mentally ill. Under what is now considered to have been a misinterpretation of the ITA, counties across Washington had for years been confining mentally ill patients in hospitals not certified ...


Newsroom: Law Clinic For Disabled Veterans, Roger Williams University School Of Law Nov 2015

Newsroom: Law Clinic For Disabled Veterans, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Re-Evaluating The Role Of Companion Animals In The Era Of The Aging Boomer, Rebecca J. Huss Oct 2015

Re-Evaluating The Role Of Companion Animals In The Era Of The Aging Boomer, Rebecca J. Huss

Rebecca J. Huss

This Article is divided into four substantive parts. Part II considers the role of pets in the United States and the impact of companion animals in the lives of seniors. Part III analyzes issues that the elderly may face in keeping or interacting with companion animals in their residences. Part IV analyzes federal laws that ensure that persons with disabilities using service and assistance animals will have access to public accommodations and housing. Part V of this Article considers risks and ethical issues involved with having animals in the lives of the elderly.


Trends In Employment Outcomes Of Young Adults With Intellectual And Developmental Disabilities, 2006-2013, John Butterworth, Alberto Migliore, Thinkwork! At The Institute For Community Inclusion At Umass Boston Oct 2015

Trends In Employment Outcomes Of Young Adults With Intellectual And Developmental Disabilities, 2006-2013, John Butterworth, Alberto Migliore, Thinkwork! At The Institute For Community Inclusion At Umass Boston

All Institute for Community Inclusion Publications

This report summarizes the employment and economic outcomes for young adults with intellectual disabilities between 2006 and 2013 in the nation’s 50 states and the District of Columbia (DC). Data are reported separately for two age groups: 16 to 21 years old, and 22 to 30 years old. Data are from the American Community Survey (ACS), the Rehabilitation Services Administration 911 (RSA-911), and the National Core Indicators (NCI).


Accidentally On Purpose: Intent In Disability Discrimination Law, Mark C. Weber Oct 2015

Accidentally On Purpose: Intent In Disability Discrimination Law, Mark C. Weber

Boston College Law Review

American disability discrimination laws contain few intent requirements. Yet courts frequently demand showings of intent in disability discrimination lawsuits. Intent requirements arose almost by accident: through a false statutory analogy; by repetition of obsolete judicial language; and by doctrine developed to avoid a nonexistent conflict with another law. Demanding that section 504 and Americans with Disabilities Act (“ADA”) claimants show intent imposes a burden not found in those statutes or their interpretive regulations. This Article provides reasons not to impose intent requirements for liability or monetary relief in section 504 and ADA cases concerning reasonable accommodations. It demonstrates that no ...


Schooling The Police: Race, Disability, And The Conduct Of School Resource Officers, Amanda Merkwae Oct 2015

Schooling The Police: Race, Disability, And The Conduct Of School Resource Officers, Amanda Merkwae

Michigan Journal of Race and Law

On March 25, 2015, police officers effectuated a violent seizure of a citizen in Kenner, Louisiana: [T]he police grabbed her by the ankles and dragged her away [from the tree]. . . . [She was] lying face down on the ground, handcuffed with her face pressed so closely to the ground that she was having difficulty breathing due to the grass and dirt that was so close to her nose and mouth. An officer was kneeling on top of her, pinning her down with a knee squarely in [her] back. Several other officers, as well as several school administrators, stood around the ...


Compensating Extra Costs For Persons With Disabilities Through Economic Equality: The U.S. And Swedish Legal Approach In A Human Rights Perspective, James Gilson, Richard Sahlin Sep 2015

Compensating Extra Costs For Persons With Disabilities Through Economic Equality: The U.S. And Swedish Legal Approach In A Human Rights Perspective, James Gilson, Richard Sahlin

James A Gilson

Disabled persons can incur costs that are directly related to their disabilities, and which are often not publicly sponsored through health care insurance, such as Medicare and Medicaid in the U.S. or through targeted support and services administered through the Swedish central government, county councils and municipalities. For purposes of this article such un-covered and un-reimbursed expenses are referred to as “extra costs.” For example, a visually impaired person may pay extra costs for his or her guide dog such as dog food and veterinary care. A person with rheumatism may pay an extra cost for an alternative treatment ...


Nothing To Sneeze At: Severe Food Allergy As A Disability Under The Ada Amendments Act Of 2008, Jason Mustard Sep 2015

Nothing To Sneeze At: Severe Food Allergy As A Disability Under The Ada Amendments Act Of 2008, Jason Mustard

Golden Gate University Law Review

This Comment argues that the courts must classify individuals with severe food allergies as having a disability under the ADAA going forward and accordingly must extend the accommodations and protections that come with that designation to these individuals. Part II of the Comment examines the prevalence and severity of food allergies in the United States. Part III examines the history of disability law and how that law has been applied to individuals with severe food allergies. Part IV discusses the status of severe food allergies going forward in light of the ADAA and the effect of the law on recent ...


A Female Disease: The Unintentional Gendering Of Fibromyalgia Social Security Claims, Dara Purvis Sep 2015

A Female Disease: The Unintentional Gendering Of Fibromyalgia Social Security Claims, Dara Purvis

Dara Purvis

Social Security disability claims are not supposed to be decided based on the gender of the applicant. Reliance on the apparently neutral mechanism of clinical medical evidence, however, has a disproportionate impact on women bringing disability claims based on fibromyalgia. Recognizing and identifying disability has been delegated by Congress and the Social Security Administration almost entirely to physicians, based upon a misguided and mistaken belief that clinical medical evidence evaluated by a trained physician will answer with certainty whether an individual claimant is capable of working. Fibromyalgia, a diffuse syndrome characterized by excess pain that is overwhelmingly diagnosed in women ...


Termination Of Parental Rights Of Mentally Disabled Parents In New York: Suggestions For Fixing An Overbroad, Outdated Statute, Brandon R. White Sep 2015

Termination Of Parental Rights Of Mentally Disabled Parents In New York: Suggestions For Fixing An Overbroad, Outdated Statute, Brandon R. White

Buffalo Public Interest Law Journal

No abstract provided.


How Teaching About Therapeutic Jurisprudence Can Be A Tool Of Social Justice, And Lead Law Students To Personally And Socially Rewarding Careers: Sexuality And Disability As A Case Example, Michael L. Perlin, Alison J. Lynch Sep 2015

How Teaching About Therapeutic Jurisprudence Can Be A Tool Of Social Justice, And Lead Law Students To Personally And Socially Rewarding Careers: Sexuality And Disability As A Case Example, Michael L. Perlin, Alison J. Lynch

Nevada Law Journal

No abstract provided.


Understanding The History Of Institutionalization: Making Connections To De-Institutionalization And The Olmstead Act For Persons With Intellectual Disabilities In The State Of Illinois, Nancy A. Cheeseman Sep 2015

Understanding The History Of Institutionalization: Making Connections To De-Institutionalization And The Olmstead Act For Persons With Intellectual Disabilities In The State Of Illinois, Nancy A. Cheeseman

Dissertations

What is the historical connection between deinstitutionalization and the Olmstead decision? The purpose of this study was to examine and analyze policy within a historical perspective the connections between institutional care, deinstitutionalization, the Olmstead decision, and the effect on persons with intellectual disabilities lived experience, in the state of Illinois.

The data collected include, the transcripts of interviews with four participants, artifacts from policy documents and historical papers accessed from the Disability Museum online journals. The creation of a table for use in coding themes as associated with 5 (out of 18) core concepts for disability policy.

The Olmstead decision ...


Can The U.S. Use A Reservation To Alleviate Sovereignty Concerns Regarding The Convention On The Rights Of Persons With Disabilities?, Candace Farmer Aug 2015

Can The U.S. Use A Reservation To Alleviate Sovereignty Concerns Regarding The Convention On The Rights Of Persons With Disabilities?, Candace Farmer

Georgia Journal of International & Comparative Law

No abstract provided.


The Right Of The Physically And Mentally Handicapped: Amendments Necessary To Guarantee Protection Through The Civil Rights Act Of 1964, Patrick T. Ryan Jul 2015

The Right Of The Physically And Mentally Handicapped: Amendments Necessary To Guarantee Protection Through The Civil Rights Act Of 1964, Patrick T. Ryan

Akron Law Review

SINGLE STROKES of the government's pen can seldom alone accomplish social goals. To insure vitality, legislation requires review, revision and amendment. Though worthy of praise for initial and continuing contributions towards social betterment, the Civil Rights Act of 19641 falls into this classification. Its scope is too narrow because it fails to include a significant group of persons sorely in need of its protection. This legislation needs the depth evoked by its title rather than the limitations of its present language. Amendment is required to protect the rights of the physically and mentally handicapped.


Guardianship Of Adults With Mental Retardation: Towards A Presumption Of Competence, Amie L. Bruggeman Jul 2015

Guardianship Of Adults With Mental Retardation: Towards A Presumption Of Competence, Amie L. Bruggeman

Akron Law Review

Statutes should be revised so that people with varying levels of mental retardation are allowed to live as independently as they are able. To achieve this goal, legislators and members of the legal community must become aware of the nature of mental retardation, consider the individual personhood of one having this condition, and devise a legal framework with enough flexibility to accommodate both the individual and society. Ohio's guardianship laws and their relationship to adults with mental retardation require analysis. Although progress has been made in Ohio towards the goal of facilitating maximum enjoyment of independence, the present guardianship ...


Gradually Developed Disabilities: A Dilemma For Workers' Compensation, M. Thomas Arnold Jul 2015

Gradually Developed Disabilities: A Dilemma For Workers' Compensation, M. Thomas Arnold

Akron Law Review

This article will examine some of these problems and attempt to make a few modest suggestions as to the direction future consideration of the compensability of gradually developed disabilities should take.


Title Vii Discrimination Actions: Applicable Or Inapplicable To The Partnership Decision? Hishon V. King & Spalding, Gus Yogmour Jul 2015

Title Vii Discrimination Actions: Applicable Or Inapplicable To The Partnership Decision? Hishon V. King & Spalding, Gus Yogmour

Akron Law Review

An underlying premise of a partnership is that it is a strictly voluntary association between two or more persons for a business purpose. The concept that a partnership can be forced against its will to accept another individual into the organization as a partner is repugnant to the underlying premise of voluntariness of association. One purpose of Title VII of The Civil Rights Act of 1964 is to prohibit discrimination on the basis of sex and to place men and women on an equal footing. In order for this equal footing to exist, an individual's capabilities can be the ...


The Burlington Decision: A Vehicle To Enforce Free Appropriate Public Education For The Handicapped, Martha A. Motsco Jul 2015

The Burlington Decision: A Vehicle To Enforce Free Appropriate Public Education For The Handicapped, Martha A. Motsco

Akron Law Review

This note will present an overview of early case law relevant to the Education of the Handicapped Act ("EHA"), discuss the facts and rationale of the Burlington v. Department of Education decision, and analyze the implications of Burlington as they relate to implementing the EHA in the future.


The Impact Of Disability: A Comparative Approach To Medical Resource Allocation In Public Health Emergencies, Katie Hanschke, Leslie E. Wolf, Wendy F. Hensel Jul 2015

The Impact Of Disability: A Comparative Approach To Medical Resource Allocation In Public Health Emergencies, Katie Hanschke, Leslie E. Wolf, Wendy F. Hensel

Wendy F. Hensel

It is a matter of time before the next widespread pandemic or natural disaster hits the United States (U.S.). The international response to the 2009 H1N1 influenza stands as a cautionary tale about how prepared the world is for such an emergency. Although the pandemic fortunately proved to be less severe than initially anticipated, it nevertheless resulted in shortages of medical equipment, overburdened hospitals, and preventable patient deaths, particularly among young people.

A pandemic will inevitably lead to difficult decisions about the allocation of medical resources, such as who will have priority access to ventilators and critical care beds ...


The Impact Of Disability: A Comparative Approach To Medical Resource Allocation In Public Health Emergencies, Katie Hanschke, Leslie E. Wolf, Wendy F. Hensel Jul 2015

The Impact Of Disability: A Comparative Approach To Medical Resource Allocation In Public Health Emergencies, Katie Hanschke, Leslie E. Wolf, Wendy F. Hensel

Leslie E. Wolf

It is a matter of time before the next widespread pandemic or natural disaster hits the United States (U.S.). The international response to the 2009 H1N1 influenza stands as a cautionary tale about how prepared the world is for such an emergency. Although the pandemic fortunately proved to be less severe than initially anticipated, it nevertheless resulted in shortages of medical equipment, overburdened hospitals, and preventable patient deaths, particularly among young people.

A pandemic will inevitably lead to difficult decisions about the allocation of medical resources, such as who will have priority access to ventilators and critical care beds ...


Understanding Disability Under The Convention On The Rights Of Persons With Disabilities And Its Impact On International Refugee And Asylum Law, Vandana Peterson Jul 2015

Understanding Disability Under The Convention On The Rights Of Persons With Disabilities And Its Impact On International Refugee And Asylum Law, Vandana Peterson

Georgia Journal of International & Comparative Law

No abstract provided.


Pre-Employment Inquiries: Drug Testing, Alcohol Screening, Physical Exams, Honesty Testing, Genetics Screening - Do They Discriminate? An Empirical Study, Donald H. Stone Jul 2015

Pre-Employment Inquiries: Drug Testing, Alcohol Screening, Physical Exams, Honesty Testing, Genetics Screening - Do They Discriminate? An Empirical Study, Donald H. Stone

Akron Law Review

Statistics serve as a reminder that many disabled people continue to face obstacles in gaining access into the employment arena. This Article will reveal how disabled persons are at greater risk when employers increase their screening and testing arsenal in the job selection area.


Disabilities, Law Schools, And Law Students: A Proactive And Holistic Approach, Kevin H. Smith Jul 2015

Disabilities, Law Schools, And Law Students: A Proactive And Holistic Approach, Kevin H. Smith

Akron Law Review

The understandable and laudable desire of law schools to comply with federal laws and regulations forbidding discrimination against, and requiring the provision of reasonable accommodations to, qualified disabled law students has diverted attention from the range of disabilities possessed by law students and the spectrum of issues raised by disabled students in law school. This article is intended to serve as a starting point and a means to stimulate the needed examination and discussion.