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Disability Law Commons

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Articles 1 - 9 of 9

Full-Text Articles in Disability Law

A Call To Abolish Determinate-Plus Sentencing In Washington, Rachel Stenberg Dec 2022

A Call To Abolish Determinate-Plus Sentencing In Washington, Rachel Stenberg

Washington Law Review

For certain incarcerated individuals who commit sex offenses, Washington State’s determinate-plus sentencing structure requires a showing of rehabilitation before release. This highly subjective “releasability” determination occurs after an individual has already served a standard sentence. A review of recent releasability determinations reveals sentences are often extended on arbitrary and inconsistent grounds—especially for individuals who face systemic challenges in prison due to their identity or condition. This Comment shows that the criteria to determine whether individuals are releasable is an incomplete picture of their actual experience in the carceral setting, using the distinct example of incarcerated individuals with mental illness. While …


Recognizing The Need For Mental Health Reform In The Texas Department Of Criminal Justice, Kara Mchorse Apr 2020

Recognizing The Need For Mental Health Reform In The Texas Department Of Criminal Justice, Kara Mchorse

St. Mary's Law Journal

The ways in which mental health care and the criminal justice system interact are in desperate need of reform in Texas. The rate of mental illness in Texas is higher than the current state of mental health care can provide for. While state hospitals were once the primary care facilities of those with mental illness, the Texas Department of Criminal Justice (TDCJ) has taken on that role in the last few decades; and when the criminal justice system becomes entangled with mental health care, it often leads to “unmitigated disaster.” If Texas continues to allow the TDCJ to act as …


Should Veterans Disability Compensation Be Conditional Upon Veterans Working Towards Rehabilitation And Return To Employment?, Heather Ansley, Aniela Szymanski Mar 2020

Should Veterans Disability Compensation Be Conditional Upon Veterans Working Towards Rehabilitation And Return To Employment?, Heather Ansley, Aniela Szymanski

University of the District of Columbia Law Review

The Department of Veterans Affairs (VA) has experienced dramatic increases in its budgets since September 11, 2001.1 Increasing federal deficits during this time has led Congress to seek spending cuts, causing tensions in efforts to ensure that a declining veteran population receives the quality benefits and services they earned through years of service.2While the number of veterans in the United States has steadily been declining due to veterans of World War II, Korea, and Vietnam dying,3 the number of veterans receiving disability compensation has risen dramatically due to injuries sustained by service members in conflicts in Iraq and Afghanistan, and …


Working For Recovery: How The Americans With Disabilities Act And State Human Rights Laws Can Facilitiate Successful Rehabilitation For Alcoholics And Drug Addicts, Samuel Brown Petsonk, Anne Marie Lofaso Apr 2018

Working For Recovery: How The Americans With Disabilities Act And State Human Rights Laws Can Facilitiate Successful Rehabilitation For Alcoholics And Drug Addicts, Samuel Brown Petsonk, Anne Marie Lofaso

West Virginia Law Review

No abstract provided.


A Failure To Rehabilitate: Leaving Disability Insurance Out Of The Mental Health Parity Debate, Christopher R. Wilson Mar 2015

A Failure To Rehabilitate: Leaving Disability Insurance Out Of The Mental Health Parity Debate, Christopher R. Wilson

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


The Importance Of Work Or Productive Activity In Life Care Planning And Case Management, Christine Reid, Susan Riddick-Grisham Jan 2015

The Importance Of Work Or Productive Activity In Life Care Planning And Case Management, Christine Reid, Susan Riddick-Grisham

Christine A. Reid

INTRODUCTION: The importance of work or productive activity for the well-being, community integration, and quality of life of people living with disabilities is addressed, with implications for life care planning and case management. BACKGROUND: The role of work or productive activity in our society, and consequences of deprivation if rehabilitation services do not address vocational effects of disabilities, is explored. A continuum of productivity options is introduced; types of vocational rehabilitation assessment processes and interventions are described. PURPOSE: The role of vocational rehabilitation services in life care planning and case management is discussed, focusing on quality of life for people …


Yes, There Is A Duty To Accommodate Someone "Regarded As" Disabled Under The Ada, Marsha R. Peterson Mar 2007

Yes, There Is A Duty To Accommodate Someone "Regarded As" Disabled Under The Ada, Marsha R. Peterson

Nevada Law Journal

No abstract provided.


Is The Ada Short-Sighted? An Analysis Of Sightline Regulations In Movie Theaters, Michael D. Driver Jan 2006

Is The Ada Short-Sighted? An Analysis Of Sightline Regulations In Movie Theaters, Michael D. Driver

Vanderbilt Journal of Entertainment & Technology Law

In Part I, the history of disability law in the United States will be discussed, following the decision of Brown v. Board of Education until the passage of the ADA. The purpose and contents of the ADA will, in pertinent part, then be discussed, as will the language of the Act that caused the circuits to split and the language of the Act as it now stands. The contents of the circuit court cases from the First, Fifth, Sixth, and Ninth Circuits will be analyzed, separating the circuits into majority (First, Sixth, and Ninth Circuits) and minority (Fifth Circuit) positions. …


Disabilities To Exceptional Abilities: Law Students With Disabilities, Nontraditional Learners, And The Law Teacher As A Learner, Jennifer Jolly-Ryan Sep 2005

Disabilities To Exceptional Abilities: Law Students With Disabilities, Nontraditional Learners, And The Law Teacher As A Learner, Jennifer Jolly-Ryan

Nevada Law Journal

No abstract provided.