Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Juvenile Law (7)
- Education Law (6)
- Civil Rights and Discrimination (4)
- Disability and Equity in Education (4)
- Education (4)
-
- Administrative Law (3)
- Educational Administration and Supervision (3)
- Special Education Administration (3)
- Courts (2)
- Dispute Resolution and Arbitration (2)
- Elementary and Middle and Secondary Education Administration (2)
- Law and Psychology (2)
- Law and Society (2)
- Legislation (2)
- Litigation (2)
- Civil Law (1)
- Civil Procedure (1)
- Constitutional Law (1)
- Criminal Law (1)
- Criminal Procedure (1)
- Family Law (1)
- Health Law and Policy (1)
- Immigration Law (1)
- Law Enforcement and Corrections (1)
- Law and Race (1)
- Legal Education (1)
- Legal Profession (1)
- Legal Remedies (1)
- Institution
- Publication
- Publication Type
Articles 1 - 10 of 10
Full-Text Articles in Disability Law
Champions For Justice & Public Interest Auction 2019, Roger Williams University School Of Law
Champions For Justice & Public Interest Auction 2019, Roger Williams University School Of Law
School of Law Public Interest Auction
No abstract provided.
She's Nobody's Child/The Law Can't Touch Her At All': Seeking To Bring Dignity To Legal Proceedings Involving Juveniles, Michael L. Perlin, Alison Lynch
She's Nobody's Child/The Law Can't Touch Her At All': Seeking To Bring Dignity To Legal Proceedings Involving Juveniles, Michael L. Perlin, Alison Lynch
Articles & Chapters
Recent Supreme Court decisions declaring unconstitutional both capital punishment (Roper v. Simmons, 2005) and life without parole (Graham v. Florida, 2010) in cases involving juveniles might lead a casual observer to think that we are now in an era in which dignity of juveniles is privileged in the legal system and in which humiliation and shame are subordinated. This observation, sadly, would be wrong.
Inquiries into a range of issues involving juveniles – commitment to psychiatric institutions; trials in juvenile courts; aspects of criminal procedure that, in many jurisdictions, bar juveniles from raising the incompetency status or the insanity defense; …
Accidentally On Purpose: Intent In Disability Discrimination Law, Mark C. Weber
Accidentally On Purpose: Intent In Disability Discrimination Law, Mark C. Weber
Mark C. Weber
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 …
Brown's Dream Deferred: Lessons On Democracy And Identity From Cooper V. Arron To The School-To-Prison Pipeline, Lia Epperson
Brown's Dream Deferred: Lessons On Democracy And Identity From Cooper V. Arron To The School-To-Prison Pipeline, Lia Epperson
Articles in Law Reviews & Other Academic Journals
No abstract provided.
In Defense Of Idea Due Process, Mark C. Weber
In Defense Of Idea Due Process, Mark C. Weber
Mark C. Weber
Due Process hearing rights under the Individuals with Disabilities Education Act are under attack. A major professional group and several academic commentators charge that the hearings system advantages middle class parents, that it is expensive, that it is futile, and that it is unmanageable. Some critics would abandon individual rights to a hearing and review in favor of bureaucratic enforcement or administrative mechanisms that do not include the right to an individual hearing before a neutral decision maker. This Article defends the right to a due process hearing. It contends that some criticisms of hearing rights are simply erroneous, and …
Idea Class Actions After Wal-Mart V. Dukes, Mark C. Weber
Idea Class Actions After Wal-Mart V. Dukes, Mark C. Weber
Mark C. Weber
Wal-Mart v. Dukes overturned the certification of a class of a million and a half female employees alleging sex discrimination in Wal-Mart’s salary and promotion decisions. The Supreme Court ruled that the case did not satisfy the requirement that a class have a common question of law or fact, and said that the remedy sought was not the type of relief available under the portion of the class action rule permitting mandatory class actions. Over the last two years, courts have struggled with how to apply the ruling, especially how to apply it beyond its immediate context of employment discrimination …
The Ohio State University Dispute Resolution In Special Education Symposium Panel, Robert Dinerstein
The Ohio State University Dispute Resolution In Special Education Symposium Panel, Robert Dinerstein
Articles in Law Reviews & Other Academic Journals
No abstract provided.
"All Areas Of Suspected Disability", Mark C. Weber
"All Areas Of Suspected Disability", Mark C. Weber
Mark C. Weber
The Individuals with Disabilities Education Act (IDEA) requires school districts to assess children “in all areas of suspected disability.” It further provides that each child’s individualized education program (IEP) must contain measurable annual goals designed to “meet each of the child’s . . . educational needs that result from the child’s disability,” and a statement of special education and related services that will be provided for the child “to advance appropriately toward attaining annual goals.” Courts have strictly enforced these requirements in the last several years, remedying violations of IDEA when school districts fail to assess in all areas of …
Common-Law Interpretation Of Appropriate Education: The Road Not Taken In Rowley, Mark C. Weber
Common-Law Interpretation Of Appropriate Education: The Road Not Taken In Rowley, Mark C. Weber
Mark C. Weber
Thirty years old in 2012, Board of Education v. Rowley is the case that established a some-benefit or floor-of-opportunity standard for the services public school districts must provide to children who have disabilities. But the some-benefit approach is by no means the only one the Court could have adopted. It could have endorsed the view of the lower courts that each child with a disability must be given the opportunity to achieve his or her potential commensurate with the opportunity offered other children. Or it could have adopted a standard based on achievement of the child’s full potential or the …
Induced Autism The Legal And Ethical Implications Of Inoculating Vaccine Manufacturers From Liability, Helia Garrido Hull
Induced Autism The Legal And Ethical Implications Of Inoculating Vaccine Manufacturers From Liability, Helia Garrido Hull
Faculty Scholarship
No abstract provided.