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Full-Text Articles in Disability Law

The Role Of Human Rights Indicators In Assessing Compliance With The Un Convention On The Rights Of People With Disabilities, Arlene S. Kanter Jan 2024

The Role Of Human Rights Indicators In Assessing Compliance With The Un Convention On The Rights Of People With Disabilities, Arlene S. Kanter

Georgia Law Review

In recent years, international human rights treaties have come under attack for failing to fulfill their promise. While it may be true that human rights treaties have not realized their full potential in every case, there is little discussion about how to measure the impact of treaties. This Article explores the ways in which we measure compliance with human rights treaties, focusing on the Convention on the Rights of People with Disabilities (CRPD). The CRPD entered into force in 2008. Since then, 188 States Parties have ratified it. In addition, the Office of the High Commissioner for Human Rights recently …


Reimagining Disability: A Call To Action, Paritosh Joshi, Julia Pappageorge Jul 2023

Reimagining Disability: A Call To Action, Paritosh Joshi, Julia Pappageorge

Developmental Disabilities Network Journal

This article focuses on how the medical profession, organizations, and universities should incorporate the social model of disability into their regulations and policies to advance justice for individuals with disabilities. Traditionally, disability has been viewed through the medical model, which postulates that one’s individual body or mind is medically impaired and diminishes the person’s quality of life. The model overemphasizes individual difference or disability diagnosis as something that should be treated at an individual level through medical intervention, and ignores social factors that impact the development of physical and mental conditions. Moreover, this pervasive attitude towards disability permeates institutions and …


Leave Your Stereotypes At The Door: The Importance Of Context In The Halls Of Congress And The Garden Of Torah, Rabbi Michael Levy Jan 2021

Leave Your Stereotypes At The Door: The Importance Of Context In The Halls Of Congress And The Garden Of Torah, Rabbi Michael Levy

Touro Law Review

No abstract provided.


Copyright And Disability, Blake E. Reid Jan 2021

Copyright And Disability, Blake E. Reid

Publications

A vast array of copyrighted works—books, video programming, software, podcasts, video games, and more—remain inaccessible to people with disabilities. International efforts to adopt limitations and exceptions to copyright law that permit third parties to create and distribute accessible versions of books for people with print disabilities have drawn some attention to the role that copyright law plays in inhibiting the accessibility of copyrighted works. However, copyright scholars have not meaningfully engaged with the role that copyright law plays in the broader tangle of disability rights.


Protecting The Rights Of People With Disabilities, Elizabeth Pendo Jan 2020

Protecting The Rights Of People With Disabilities, Elizabeth Pendo

All Faculty Scholarship

One in four Americans — a diverse group of 61 million people — experience some form of disability (Okoro, 2018). On average, people with disabilities experience significant disparities in education, employment, poverty, access to health care, food security, housing, transportation, and exposure to crime and domestic violence (Pendo & Iezzoni, 2019). Intersections with demographic characteristics such as race, ethnicity, gender, and LGBT status, may intensify certain inequities. For example, women with disability experience greater disparities in income, education, and employment (Nosek, 2016), and members of under-served racial and ethnic groups with disabilities experience greater disparities in health status and access …


Disability And Design, Christopher Buccafusco Jan 2020

Disability And Design, Christopher Buccafusco

Faculty Scholarship

When scholars contemplate the legal tools available to policymakers for encouraging innovation, they primarily think about patents. If they are keeping up with the most recent literature, they may also consider grants, prizes, and taxes as means to increase the supply of innovation. But the innovation policy toolkit is substantially deeper than that. To demonstrate its depth, this Article explores the evolution of designs that help people with disabilities access the world around them. From artificial limbs to the modern wheelchair and the reshaping of the built environment, a variety of legal doctrines have influenced, for better and for worse, …


Do Human Rights Treaties Matter: The Case For The United Nations Convention On The Rights Of People With Disabilities, Arlene S. Kanter Jan 2019

Do Human Rights Treaties Matter: The Case For The United Nations Convention On The Rights Of People With Disabilities, Arlene S. Kanter

Vanderbilt Journal of Transnational Law

In the United States, and throughout many other parts of the world, we are witnessing attacks on basic human rights. As poverty, inequality, and suffering are evident in so many parts of the world today, there are those who say that the entire human rights regime has failed. This author does not agree. While it is true that human rights treaties have not realized their full potential in every country that has ratified them, human rights treaties do "matter." This Article makes the case for human rights treaties by referring to the success of the Convention on the Rights of …


Sexual Consent And Disability, Jasmine E. Harris Jan 2018

Sexual Consent And Disability, Jasmine E. Harris

All Faculty Scholarship

Our nation is engaged in deep debate over sexual consent. But to date the discussion has overlooked sexual consent’s implications for a key demographic: people with mental disabilities, for whom the reported incidence of sexual violence is three times that of the nondisabled population. Even as popular debate overlooks the question of sexual consent for those with disabilities, contemporary legal scholars critique governmental overregulation of this area, arguing that it diminishes the agency and dignity of people with disabilities. Yet in defending their position, these scholars rely on empirical data from over twenty years ago, when disability and sexual assault …


Ten Elements Of Organizational Transformation: Strategies For Moving Towards Integrated Employment, Jaimie Ciulla Timmons, John Butterworth, Jonathan Lucus, Thinkwork! At The Institute For Community Inclusion At Umass Boston Jul 2017

Ten Elements Of Organizational Transformation: Strategies For Moving Towards Integrated Employment, Jaimie Ciulla Timmons, John Butterworth, Jonathan Lucus, Thinkwork! At The Institute For Community Inclusion At Umass Boston

All Institute for Community Inclusion Publications

This session will share ten key organizational characteristics necessary to strengthen competitive integrated employment outcomes. Get a first-hand look at the RRTC’s Organizational Transformation Toolkit and explore our Provider Employment Leadership Network, a yearlong facilitated Community of Practice of provider leaders in employment. In conjunction with The Arc of the United States, this PowerPoint offers ten essential elements necessary for successful organizational transformation, along with strategies for implementing each element.


The International Right To Sport For People With Disabilities, Maureen A. Weston Jan 2017

The International Right To Sport For People With Disabilities, Maureen A. Weston

Marquette Sports Law Review

None


Assisting Law Students With Disabilities In The 21st Century, David Jaffe Nov 2016

Assisting Law Students With Disabilities In The 21st Century, David Jaffe

David Jaffe

No abstract provided.


Engaging Individuals And Families In Conversations Around Employment, John Kramer, Amie Lulinski, Thinkwork! At The Institute For Community Inclusion At Umass Boston Oct 2016

Engaging Individuals And Families In Conversations Around Employment, John Kramer, Amie Lulinski, Thinkwork! At The Institute For Community Inclusion At Umass Boston

All Institute for Community Inclusion Publications

Family engagement is key to successful employment and life planning, with parents and siblings often leading their family members with disabilities on the path to employment through their own role modeling and encouragement. Despite what literature says about the true importance of family engagement, many parents lack the knowledge needed to meaningfully participate in employment planning. One critical gap is thinking about financial well-being for their family member with a disability. This session will provide an overview of themes and strategies identified through research on engaging individuals and families in employment planning, followed by a discussion on key gaps around …


Research To Practice: The 2014–2015 National Survey Of Community Rehabilitation Providers Report 1: Overview Of Services, Trends, And Provider Characteristics, Daria Domin, John Butterworth Jan 2016

Research To Practice: The 2014–2015 National Survey Of Community Rehabilitation Providers Report 1: Overview Of Services, Trends, And Provider Characteristics, Daria Domin, John Butterworth

Research to Practice Series, Institute for Community Inclusion

This brief is based on the 2014–2015 National Survey of Community Rehabilitation Providers (CRPs) funded by the Administration on Intellectual and Developmental Disabilities. This brief presents findings on people with all disabilities and people with intellectual and developmental disabilities (IDD) who receive employment and non-work services from community rehabilitation providers (CRPs). Previous national surveys of CRPs were conducted by the Institute for Community Inclusion in 2002–2003 and 2010–2011, and also gathered data on provider services for individuals with disabilities (Metzel et al., 2007; Domin & Butterworth, 2012). This brief will incorporate some of those findings and compare them against the …


Canada Tracks Disability Rights: A Drpi Model Of Systemic Monitoring, Roxanne Mykitiuk, Yvonne Peters Jan 2015

Canada Tracks Disability Rights: A Drpi Model Of Systemic Monitoring, Roxanne Mykitiuk, Yvonne Peters

Articles & Book Chapters

This chapter surveys laws and policies in Canada that affect the rights of persons with disabilities. It does so as part of a broader project on international disability rights monitoring and is guided by DRPI's National Law and Policy Monitoring Template (2008). The template is based on the Convention on the Rights of Persons with Disabilities (CRPD) and other international instruments. The template's purpose is "to monitor human rights for people with disabilities at the systemic level, that is, at the level of existing laws, policies, and programs," and to "identify and draw attention to the most critical gaps and …


Vocational Rehabilitation Agencies Helping People With Psychiatric Disabilities Get Employed: How Far Have We Come? How Far Do We Have To Go?: Case Studies Of Promising Practices In Vocational Rehabilitation, Joseph Marrone, Mary Lynn Cala, Kelly Haines, Heike Boeltzig-Brown, Susan Foley Apr 2013

Vocational Rehabilitation Agencies Helping People With Psychiatric Disabilities Get Employed: How Far Have We Come? How Far Do We Have To Go?: Case Studies Of Promising Practices In Vocational Rehabilitation, Joseph Marrone, Mary Lynn Cala, Kelly Haines, Heike Boeltzig-Brown, Susan Foley

All Institute for Community Inclusion Publications

The final set of eight promising practices out of the 58 nominated practices are summarized here and then described inmore detail in the appendix. Each descriptive write up can be used independently and provides sufficient detail for review. A note from the VR RRTC Team: These are descriptions of practices in one snapshot of time. We acknowledge that by thetime we are able to produce asummary report, practices may have evolved or modified, and new practices may have emerged. For more specific details or up to date descriptions we advise going to the source, the state VR agencies, directly. We …


Case Studies Of Emerging/Innovative Vocational Rehabilitation Agency Practices In Improving Employment Outcomes For Individuals With Intellectual/Developmental Disabilities, Robert Burns, Kelly Haines, Elizabeth Porter, Heike Boeltzig-Brown, Susan Foley Apr 2013

Case Studies Of Emerging/Innovative Vocational Rehabilitation Agency Practices In Improving Employment Outcomes For Individuals With Intellectual/Developmental Disabilities, Robert Burns, Kelly Haines, Elizabeth Porter, Heike Boeltzig-Brown, Susan Foley

All Institute for Community Inclusion Publications

The Vocational Rehabilitation Research and Training Center (VR-RRTC.org) based at the Institute for Community Inclusion (ICI) at the University of Massachusetts Boston partnered with national content experts to identify promising VR employment practices serving people with intellectual and/or developmental disabilities (IDD). The National Institute on Disability and Rehabilitation Research (NIDRR), the funding agency,requested an emphasis on identifying promising practices for people with mental illnesses and peoplewith intellectual disabilities/developmental disabilities, and to identify promising practices related to order of selection and the designation of most significant disability. This report provides a summary of four promising VR employment practices for persons with …


Description Of Supported Employment Practices, Cross-System Partnerships, And Funding Models Of Four Types Of State Agencies And Community Rehabilitation Providers, Kelly Haines, Joseph Marrone, John Halliday, Michael Tashjian, Martha Klemm, Susan Stoddard, Susan M. Foley Jul 2012

Description Of Supported Employment Practices, Cross-System Partnerships, And Funding Models Of Four Types Of State Agencies And Community Rehabilitation Providers, Kelly Haines, Joseph Marrone, John Halliday, Michael Tashjian, Martha Klemm, Susan Stoddard, Susan M. Foley

All Institute for Community Inclusion Publications

In 2005, the National Institute on Disability and Rehabilitation Research (NIDRR) awarded the VR Rehabilitation Research and Training Center (RRTC) to the Institute for Community Inclusion (ICI) at the University of Massachusetts Boston and its partners, InfoUse in Berkeley, California and the Center for the Advancement and Study of Disability Policy. In 2010, NIDRR provided supplemental funds to the ICI so that the VR-RRTC could include a focus on the provision of supported employment (SE) services. This SE research would focus on vocational rehabilitation (VR)agency partnerships with other state entities, and sources and models for long-term funding (extended services). The …


Institute Brief: Effective Training For Employment Consultants: Job Development And Support Strategies, Amy Gelb, Derek Nord, Alberto Migliore, John Butterworth Apr 2012

Institute Brief: Effective Training For Employment Consultants: Job Development And Support Strategies, Amy Gelb, Derek Nord, Alberto Migliore, John Butterworth

The Institute Brief Series, Institute for Community Inclusion

This Institute Brief summarizes the key elements of a training and support approach designed to improve job development practices. Employment Consultants who participated supported more individuals to enter employment, and supported people to achieve higher-quality jobs with more hours and higher levels of pay, than a control group who had not yet received training.


Available Dispute Resolution Processes Within The Reauthorized Individuals With Disabilities Education Improvement Act (Ideia) Of 2004: Where Do Mediation Principles Fit In? , Andrea F. Blau Mar 2012

Available Dispute Resolution Processes Within The Reauthorized Individuals With Disabilities Education Improvement Act (Ideia) Of 2004: Where Do Mediation Principles Fit In? , Andrea F. Blau

Pepperdine Dispute Resolution Law Journal

The Individual Disabilities Education Act of 1997 first offered mediation processes to parents and school systems as an available dispute resolution process. Congress mandated that mediation be made available whenever a due process hearing was filed. The intent was to assist parents and school systems in resolving their differences regarding the educational needs for children with disabilities through increased discussions and collaborative efforts; this would reduce the need for costly and adversarial litigation. Alternative dispute resolution processes have taken an increasingly dominant role within the newly reauthorized IDEIA of 2004, reflecting Congressional promotion of parent and district collaboration for achieving …


Research To Practice: Collaboration Between State Intellectual And Developmental Disabilities Agencies And State Vocational Rehabilitation Agencies: Results Of A National Survey, Heike Boeltzig, Jean E. Winsor, Kelly Haines Apr 2011

Research To Practice: Collaboration Between State Intellectual And Developmental Disabilities Agencies And State Vocational Rehabilitation Agencies: Results Of A National Survey, Heike Boeltzig, Jean E. Winsor, Kelly Haines

Research to Practice Series, Institute for Community Inclusion

Do state intellectual and developmental disabilities (IDD) agencies collaborate with their vocational rehabilitation (VR) counterparts? If so, in what ways and how formalized are these collaborative efforts? This Research to Practice Brief provides answers to those and other questions.


Keynote Speaker, Patricia A. Shiu Jan 2011

Keynote Speaker, Patricia A. Shiu

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Assessing Post-Ada Employment: Some Econometric Evidence And Policy Considerations, Christopher L. Griffin Jr., John J. Donohue Iii, Michael Ashley Stein, Sascha Becker Jan 2011

Assessing Post-Ada Employment: Some Econometric Evidence And Policy Considerations, Christopher L. Griffin Jr., John J. Donohue Iii, Michael Ashley Stein, Sascha Becker

Faculty Scholarship

This article explores the relationship between the Americans with Disabilities Act (“ADA”) and the relative labor market outcomes for people with disabilities. Using individual-level longitudinal data from 1981 to 1996 derived from the previously unexploited Panel Study of Income Dynamics (“PSID”), we examine the possible effect of the ADA on (1) annual weeks worked; (2) annual earnings; and (3) hourly wages for a sample of 7120 unique male household heads between the ages of 21 and 65 as well as a subset of 1437 individuals appearing every year from 1981 to 1996. Our analysis of the larger sample suggests the …


Assisting Law Students With Disabilities In The 21st Century, David Jaffe Jan 2011

Assisting Law Students With Disabilities In The 21st Century, David Jaffe

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Data Note: Job Seekers With Disabilities At One-Stop Career Centers: An Examination Of Registration For Wagner-Peyser Funded Employment Services From 2002 To 2007, David Hoff, Frank A. Smith Nov 2009

Data Note: Job Seekers With Disabilities At One-Stop Career Centers: An Examination Of Registration For Wagner-Peyser Funded Employment Services From 2002 To 2007, David Hoff, Frank A. Smith

Data Note Series, Institute for Community Inclusion

The Wagner-Peyser Act of 1933 established a nationwide system of public employment services, known as the Employment Service. Wagner-Peyser funds are a primary source of funding for the services of One-Stop Career Centers that provide employment services available to all people, including people with disabilities. This data note examines trends on a national and state-by-state basis in the number and percentage of job seekers who self-identified as having disabilities who register for Wagner-Peyser Employment Services.


Data Note: Indicators Of Labor Market Success For People With Intellectual Disabilities, Frank A. Smith, John Butterworth Jun 2009

Data Note: Indicators Of Labor Market Success For People With Intellectual Disabilities, Frank A. Smith, John Butterworth

Data Note Series, Institute for Community Inclusion

Reporting meaningful indicators of labor market success for individuals with disabilities, particularly Intellectual Disabilities (ID), is challenging for a number of reasons. Measures that allow people to indicate specific disabilities like ID are uncommon in large national data sets. Additionally, the use of the “traditional” unemployment rate reported by the Department of Labor as an indicator of labor market success for people with disabilities leaves people who are not in the labor force, a significant group when it comes to subpopulations of people with disabilities, out of the calculation. In this data note, we discuss the implications of using the …


Case Studies: Employment Data Systems: Florida's Agency For Persons With Disabilities, Allison Cohen Hall, Jean Winsor, John Butterworth May 2009

Case Studies: Employment Data Systems: Florida's Agency For Persons With Disabilities, Allison Cohen Hall, Jean Winsor, John Butterworth

Case Studies Series, Institute for Community Inclusion

The increasing emphasis on government accountability at the state and federal levels has increased interest in and use of outcome data. Moreover, research has found that high performing states in integrated employment generally have a clear and visible data collection system that provides individual outcome data (Hall et al, 2007). But what are the most important elements in designing and using a system? Stakeholders have raised questions regarding creating effective data collection systems, identifying variables with the most utility for influencing policy, and using data as a strategic planning tool. This series is intended to shed light on the successes …


Tools For Inclusion: Disclosure Of Disability Information At A One-Stop Career Center: Tips And Guidelines, David Hoff Jan 2009

Tools For Inclusion: Disclosure Of Disability Information At A One-Stop Career Center: Tips And Guidelines, David Hoff

Tools for Inclusion Series, Institute for Community Inclusion

One-Stops Career Centers (One-Stops) were established under the federal Workforce Investment Act to provide a full range of job seeker assistance under one roof. One-Stops are located at a variety of locations in each state, with more than 3,200 centers across the country. More than 13 million people per year use the One-Stop system. Many of these are people with disabilities.


Data Note: Wia Employment Outcomes And Trends, Monica Cox, Frank A. Smith Oct 2008

Data Note: Wia Employment Outcomes And Trends, Monica Cox, Frank A. Smith

Data Note Series, Institute for Community Inclusion

This data note focuses on employment outcomes for individuals served by the One-Stop system through the Workforce Investment Act (WIA) Adult funding stream. Outcomes data include the rate of WIA customers entering employment and their employment retention rate. This data note compares outcomes among adults with reported disabilities to those without reported disabilities.


Data Note: Employment Rates In The General Population And Vr Rehabilitation Rates, Alberto Migliore Jul 2008

Data Note: Employment Rates In The General Population And Vr Rehabilitation Rates, Alberto Migliore

Data Note Series, Institute for Community Inclusion

The Vocational Rehabilitation (VR) program plays a critical role in assisting people with disabilities gaining integrated employment. In 2006, for instance, 48,876 people with intellectual or developmental disabilities (ID/DD) exited the VR program after receiving services, with 56% of those who received services finding jobs in integrated employment. This percentage, known as the VR Rehabilitation Rate, varied from 42% in Hawaii to 77% in Maryland, if excluding the figure in Oklahoma where the VR rehabilitation rate was 22%.


Data Note: Job Seekers With Disabilities At One-Stop Career Centers: An Overview Of Registration For Wagner-Peyser Funded Employment Services, David Hoff, Samita Bhattarai Feb 2008

Data Note: Job Seekers With Disabilities At One-Stop Career Centers: An Overview Of Registration For Wagner-Peyser Funded Employment Services, David Hoff, Samita Bhattarai

Data Note Series, Institute for Community Inclusion

The Wagner-Peyser Act of 1933 established a nationwide system of public employment services, known as the Employment Service. Via the Workforce Investment Act of 1998, the Employment Service was made part of the One-Stop service delivery system. Wagner-Peyser funds are a primary source of funding for the core and other services of One–Stop Career Centers that provide employment services available to all people, including people with disabilities.