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Full-Text Articles in Disability Law
Lawyers For Legal Ghosts: The Legality And Ethics Of Representing Persons Subject To Guardianship, Nina A. Kohn, Catheryn Koss
Lawyers For Legal Ghosts: The Legality And Ethics Of Representing Persons Subject To Guardianship, Nina A. Kohn, Catheryn Koss
Washington Law Review
A person subject to guardianship has been judicially determined to lack legal capacity. Stripped of legal personhood, the individual becomes a ward of the state and his or her decisions are delegated to a guardian. If the guardian abuses that power or the guardianship has been wrongly imposed—as research suggests is not infrequently the case—the person subject to guardianship may rightly wish to mount a legal challenge. However, effectively doing so requires the assistance of an attorney, and persons subject to guardianship typically have not only been declared by a court to be incapable of directing their own affairs but …
"No Handicapped People Allowed": The Need For Objective Accessibiity Standards Under The Fair Housing Act, Michael J. Jeter
"No Handicapped People Allowed": The Need For Objective Accessibiity Standards Under The Fair Housing Act, Michael J. Jeter
Washington Law Review
The Fair Housing Act (FHA or the Act) sets forth accessibility requirements that housing developers must meet, but the Act does not contain objective performance standards for satisfying those requirements. This omission creates substantial barriers in housing opportunities for persons with disabilities. For example, the FHA mandates that doors must be wide enough to allow passage of wheelchair users, but it does not provide measurements for door width. The United States Department of Housing and Urban Development (HUD) has attempted to use ten model building codes or “safe harbors” from its regulations as minimal objective standards for accessibility. HUD and …