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Full-Text Articles in Disability Law
When Legal Incapacity Becomes A Lack Of Personhood: Why A Ward's Ability To Sue In Their Own Name Should Be A Fundamental Aspect Of Virginia Guardianship, Rachel Davis
William & Mary Journal of Race, Gender, and Social Justice
It is a fundamental failing of any legal system when it is unable to protect the most vulnerable within its population. Whether we are comfortable admitting it or not, guardian abuse of incapacitated wards has been well-documented across all fifty states. Virginia is no exception, and this lack of oversight leaves one of our most vulnerable populations without recourse. This Note argues that by simply granting a ward the ability to bring suit in their own name, Virginia may strike a significant blow to the dysfunction that systematically infects the guardianship process. This Note highlights Virginia statute and case law …
The Wicked Witch Is Almost Dead: Buck V. Bell And The Sterilization Of Handicapped Persons, Robert L. Burgdorf, Mary Pearce Burgdorf
The Wicked Witch Is Almost Dead: Buck V. Bell And The Sterilization Of Handicapped Persons, Robert L. Burgdorf, Mary Pearce Burgdorf
Journal Articles
Judgment at Nuremberg 1 concerned the criminal trial of a former German judge who, under Hitler's Third Reich, had ordered involuntary sexual sterilization operations to be performed upon Jewish men and women. In a famous scene from that screenplay and movie, the defense counsel, Rolfe, cross-examines a German law professor, Dr. Wieck, in regard to the legality of such practices: Rolfe (continuing) Dr. Wieck, you referred to "novel National Socialist measures introduced, among them sexual sterilization." Dr. Wieck, are you aware that this was not invented by National Socialism, but had been advanced for years before as a weapon in …