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Articles 31 - 60 of 1770

Full-Text Articles in Disability Law

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 ...


Debilitating Southeastern Community College V. Davis: Achieving The Promise Of Disability Civil Rights, Leslie Francis Mar 2020

Debilitating Southeastern Community College V. Davis: Achieving The Promise Of Disability Civil Rights, Leslie Francis

University of the District of Columbia Law Review

Disability civil rights law today continues to be shaped by troubling precedent created in initial decisions of the Supreme Court under the Rehabilitation Act. This article explores the first of these decisions, Southeastern Community College v. Davis, demonstrates Davis’ continuing impact, and analyzes how this impact may be addressed. Davis was a suit brought by a hearing-impaired student who had been refused accommodations and denied admission to the College’s nursing program. Critical litigation decisions on behalf of Davis at the trial court did not contest the College’s failure to provide accommodations that are common today, such as sign ...


Table Of Contents, University Of The District Of Columbia Law Review Mar 2020

Table Of Contents, University Of The District Of Columbia Law Review

University of the District of Columbia Law Review

No abstract provided.


Challenging Transition-Related Care Exclusions Through Disability Rights Law, Kevin Barry Mar 2020

Challenging Transition-Related Care Exclusions Through Disability Rights Law, Kevin Barry

University of the District of Columbia Law Review

Despite the growing visibility and acceptance of transgender people, discrimination against them persists.1 Transgender people are routinely denied identity documents that accurately reflect their sex.2 They are excluded from service in the U.S. military and from the protections of state civil rights laws.3 They are fired from their jobs, evicted from their homes, turned away from homeless shelters, denied custody of their children, harassed by law enforcement, and deprived of access to appropriate single-sex services in schools, prisons, and immigration detention centers—because they are transgender.4


Disabling Language: Why Legal Terminology Should Comport With A Social Model Of Disability, Meg E. Ziegler Mar 2020

Disabling Language: Why Legal Terminology Should Comport With A Social Model Of Disability, Meg E. Ziegler

Boston College Law Review

The disability terminology used in the law has evolved significantly over time. This evolution has mirrored various models for treating and perceiving disability in society, from the moral model of disability as a sin to the medical model of disability as a defect to be cured. After witnessing the success of the Civil Rights Movement, disability rights activists began to push for a social model of disability that reframed disability as a condition created by physical and cultural barriers to inclusion rather than as an individual impairment. This activism led to federal legislation mandating both inclusion and inclusive language, but ...


Conditional Parentage Is The New Eugenics, Dr. Yael Efron, Dr. Pnina Lifshitz-Aviram Mar 2020

Conditional Parentage Is The New Eugenics, Dr. Yael Efron, Dr. Pnina Lifshitz-Aviram

Child and Family Law Journal

No abstract provided.


The Baker Act: Time For Florida To Get Its Act Together, Alexander Lemieux Mar 2020

The Baker Act: Time For Florida To Get Its Act Together, Alexander Lemieux

Child and Family Law Journal

No abstract provided.


A Gray Area: The Scope Of Title Ii Of The Ada’S Applicability To Ad Hoc Police Encounters, Michelle Kain Mar 2020

A Gray Area: The Scope Of Title Ii Of The Ada’S Applicability To Ad Hoc Police Encounters, Michelle Kain

Boston College Law Review

On February 22, 2019, in Gray v. Cummings, the United States Court of Appeals for the First Circuit considered whether, and to what extent, Title II of the Americans with Disabilities Act (ADA) applies to police encounters, including arrests. Recognizing that courts disagree on the point during an arrest at which Title II begins to apply, the First Circuit declined to enter the debate, assuming instead that Title II applied to the police encounter at hand for the purpose of adjudicating the claim on narrower grounds. This Comment argues that the next time the question of Title II’s applicability ...


Pups, Paperwork, And Process: Confusion And Conflict Regarding Serviceand Assistance Animals Under Federal Law, Rebecca J. Huss Mar 2020

Pups, Paperwork, And Process: Confusion And Conflict Regarding Serviceand Assistance Animals Under Federal Law, Rebecca J. Huss

Nevada Law Journal

No abstract provided.


[Un]Usual Suspects: Deservingness, Scarcity, And Disability Rights, Doron Dorfman Mar 2020

[Un]Usual Suspects: Deservingness, Scarcity, And Disability Rights, Doron Dorfman

UC Irvine Law Review

People encounter disability in public spaces where accommodations are granted to those who fit into this protected legal class. Nondisabled people desire many of these accommodations—such as the use of reserved parking spots or the ability to avoid waiting in a queue—and perceive them as “special rights” prone to abuse. This apprehension about the exploitation of rights by those pretending to be disabled, which I refer to as “fear of the disability con,” erodes trust in disability law and affects people with disabilities both on an individual level and a group level. Individuals with disabilities are often harassed ...


For A Sustainable Inclusive 21st Century: What We Must Learn From Japanese Eugenic Protection Act, Toru Furui, Masayo Furui Mar 2020

For A Sustainable Inclusive 21st Century: What We Must Learn From Japanese Eugenic Protection Act, Toru Furui, Masayo Furui

Pacific Rim International Conference on Disability & Diversity Proceedings

The COVID-19 pandemic clearly tells us that eugenics had not died with Nazi ideologies. Current COVID-19 discussions emphasize on ‘triage’ and ‘social distance,’ all of which impacts and continues to threaten the lives of people with disabilities, higher-risked, and aging populations. The current pandemic is a warning that we all must understand and mitigate our internalized eugenic ideology so that our 21st century will be sustainable and inclusive for all. Otherwise, we all will be at risk of being killed because we’ve reached society’s social-limited-age. In order to gain a better understanding society must become aware of historical ...


Trend Of Employment Style And Wage System For Persons With Disabilities In Japan, Fumiko Tomita, Jun Yaeda Mar 2020

Trend Of Employment Style And Wage System For Persons With Disabilities In Japan, Fumiko Tomita, Jun Yaeda

Pacific Rim International Conference on Disability & Diversity Proceedings

A case study of a Japanese special subsidiary small company was illustrated in relation to the traditional employment style and wage systems. Results found that the employees with disabilities received much lower wages, showed lower productivity, had less work duties and fewer job positions.


Pacrim2020: Inclusion Through Access To Justice, Areta K. Guthrey Mar 2020

Pacrim2020: Inclusion Through Access To Justice, Areta K. Guthrey

Pacific Rim International Conference on Disability & Diversity Proceedings

During the PacRim 2020 Conference, the Disability Information Network presented a program describing barriers that people with disabilities face in accessing justice through the traditional court system; discussing alternate strategies to address the problem, such as administrative complaints to federal agencies, and the use of state and local advocacy systems.


Free Battered Texas Women: Survivor-Advocates Organizing At The Crossroads Of Gendered Violence, Disability, And Incarceration, Cathy Marston Phd Feb 2020

Free Battered Texas Women: Survivor-Advocates Organizing At The Crossroads Of Gendered Violence, Disability, And Incarceration, Cathy Marston Phd

Verbum Incarnatum: An Academic Journal of Social Justice

This article recaps my symposium presentation, where I argue that feminist organizing strategies are central to healing our society and creating restorative justice from my perspective as a survivor of occupational injury, battering, and criminalization for self-defense. This includes the creation of Free Battered Texas Women. We prefer to think of ourselves as survivor-advocates who use a variety of tactics to empower ourselves, incarcerated battered women, and citizens. These strategies include pedagogy; poetry and other written forms; art; and legislative advocacy. I blend this grassroots activism with feminist disability theory, radical feminist theory, feminist ethnography, and feminist criminology.


Endrew's Impact On Twice-Exceptional Students, Catherine A. Bell Feb 2020

Endrew's Impact On Twice-Exceptional Students, Catherine A. Bell

William & Mary Law Review

Approximately 2 to 5 percent of the American student population qualifies as both gifted and learning disabled. These students, labeled by educators as “twice-exceptional,” generally demonstrate superior cognitive ability, yet also present profound weaknesses in seemingly basic skills. This disconnect in twice-exceptional students’ abilities produces great difficulties for America’s public schools.

Twice-exceptional students, as a result of their disability, can generally qualify for special education services under the federal Individuals with Disabilities Education Improvement Act of 2004 (IDEIA). Once a student qualifies for services under the IDEIA, he is entitled to receive a Free and Appropriate Public Education (FAPE ...


The Captive Lab Rat: Human Medical Experimentation In The Carceral State, Laura I. Appleman Jan 2020

The Captive Lab Rat: Human Medical Experimentation In The Carceral State, Laura I. Appleman

Boston College Law Review

Human medical experimentation upon captive, vulnerable subjects is not a relic of our American past. It is part of our present. The extensive history of medical experimentation on the disabled, the poor, the mentally ill, and the incarcerated has been little explored. Its continuance has been even less discussed, especially in the legal literature. The standard narrative of human medical experimentation ends abruptly in the 1970s, with the uncovering of the Tuskegee syphilis study. My research shows, however, that this narrative is incorrect and incomplete. The practice of experimenting on the captive and vulnerable persists. Our current approach to human ...


Land Of The Free (Appropriate Public Education), Home Of The Deprived: How Vocational Services Can Remedy Education Deprivations For Former Students With Disabilities, Maria N. Liberopoulos Jan 2020

Land Of The Free (Appropriate Public Education), Home Of The Deprived: How Vocational Services Can Remedy Education Deprivations For Former Students With Disabilities, Maria N. Liberopoulos

Washington and Lee Journal of Civil Rights and Social Justice

This Note explores the Individuals with Disabilities Education Act’s requirement that all children between the ages of three and twenty-one are provided a free and appropriate public education. This Note focuses on the relief available for students who are either older than twenty-one or who received a high school diploma, but who did not receive a free and appropriate public education. After delving into the remedy of compensatory education, this Note proposes the Office of Special Education and Rehabilitative Services of the Department of Education promulgate a new regulation that includes vocational training and services as a specific remedy ...


Online Businesses Beware: Ada Lawsuits Demand Website Accessibility For Blind Plaintiffs, Ricardo Alvarado Jan 2020

Online Businesses Beware: Ada Lawsuits Demand Website Accessibility For Blind Plaintiffs, Ricardo Alvarado

Science and Technology Law Review

No abstract provided.


“A World Of Steel-Eyed Death”: An Empirical Evaluation Of The Failure Of The Strickland Standard To Ensure Adequate Counsel To Defendants With Mental Disabilities Facing The Death Penalty, Michael L. Perlin, Talia Roitberg Harmon, Sarah Chatt Jan 2020

“A World Of Steel-Eyed Death”: An Empirical Evaluation Of The Failure Of The Strickland Standard To Ensure Adequate Counsel To Defendants With Mental Disabilities Facing The Death Penalty, Michael L. Perlin, Talia Roitberg Harmon, Sarah Chatt

University of Michigan Journal of Law Reform

First, we discuss the background of the development of counsel adequacy in death penalty cases. Next, we look carefully at Strickland, and the subsequent Supreme Court cases that appear—on the surface—to bolster it in this context. We then consider multiple jurisprudential filters that we believe must be taken seriously if this area of the law is to be given any authentic meaning. Next, we will examine and interpret the data that we have developed. Finally, we will look at this entire area of law through the filter of therapeutic jurisprudence, and then explain why and how the charade ...


Making A Reasonable Calculation: A Strategic Amendment To The Idea, Hetali M. Lodaya Jan 2020

Making A Reasonable Calculation: A Strategic Amendment To The Idea, Hetali M. Lodaya

University of Michigan Journal of Law Reform

The Individuals with Disabilities Education Act (IDEA) lays out a powerful set of protections and procedural safeguards for students with disabilities in public schools. Nevertheless, there is a persistent debate as to how far schools must go to fulfill their mandate under the IDEA. The Supreme Court recently addressed this question with its decision in Endrew F. v. Douglas Cty. School District Re-1, holding that an educational program for a student with a disability must be “reasonably calculated” to enable a child’s progress in light of their circumstances. Currently, the Act’s statutory language mandates Individual Education Program (IEP ...


When The Going Gets Weird, The Weird Turn Pro*: Management Best Practices In The Age Of Medicinal Marijuana, John I. Winn Jd, Llm Jan 2020

When The Going Gets Weird, The Weird Turn Pro*: Management Best Practices In The Age Of Medicinal Marijuana, John I. Winn Jd, Llm

Roger Williams University Law Review

No abstract provided.


Disabling Solitary: An Anti-Carceral Critique Of Canada's Solitary Confinement Litigation, Sheila Wildeman Jan 2020

Disabling Solitary: An Anti-Carceral Critique Of Canada's Solitary Confinement Litigation, Sheila Wildeman

Research Papers, Working Papers, Conference Papers

The title of this chapter signifies at least three things. The first is the disabling effects of solitary confinement. The second is recent efforts of prison justice advocates in Canada to use law, or specifically litigation, to disable the logic of solitary confinement: to disrupt that logic through the logic of human rights. The third, most oblique reference, and one I develop here, speaks to dangers presented by the path Canada’s solitary confinement litigation has taken: a path of isolating disability-based prison justice claims from the wider ambitions of intersectional substantive equality. My thesis is that this isolation of ...


Anticipating Accommodation, Jennifer B. Shinall Jan 2020

Anticipating Accommodation, Jennifer B. Shinall

Vanderbilt Law School Faculty Publications

In theory, a reasonable accommodation mandate can remedy worker marginalization by requiring employers to make small adjustments in the workplace that have big payoffs for employees. But in reality, a reasonable accommodation mandate may be an empty promise. Reasonable accommodation is the hallmark feature of the Americans with Disabilities Act ("ADA "), yet decades of empirical studies indicate that wage and employment outcomes of disabled individuals have not improved--and may have even worsened--since the Act's passage. Economists have been quick to blame the reasonable accommodation mandate for the ADA's failure, but they have lacked sufficient data to discern both ...


Supporters And Advocates In Disability Accommodations Meetings: Using Title Ix As A Framework, Marissa Ditkowsky Jan 2020

Supporters And Advocates In Disability Accommodations Meetings: Using Title Ix As A Framework, Marissa Ditkowsky

American University Journal of Gender, Social Policy & the Law

Content Warning: This piece contains some discussion of sexual assault and violence.


The Intersection Between Disability And Lgbt Discrimination And Marginalization, Victoria M. Rodríguez-Roldán Jan 2020

The Intersection Between Disability And Lgbt Discrimination And Marginalization, Victoria M. Rodríguez-Roldán

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Intersectional Cohorts, Dis/Ability, And Class Actions, Ann C. Mcginley, Frank Rudy Cooper Jan 2020

Intersectional Cohorts, Dis/Ability, And Class Actions, Ann C. Mcginley, Frank Rudy Cooper

Scholarly Works

This Article occupies the junction of dis/abilities studies and critical race theory. It joins the growing commentary analyzing the groundbreaking lawsuit by Compton, California students and teachers against the Compton school district under federal disability law and seeking class certification and injunctive relief in the form of teacher training, provision of counselors, and changed disciplinary practices. The federal district court denied the defendants’ motion to dismiss but also denied the plaintiffs’ motion for a preliminary injunction and class certification, resulting in prolonged settlement talks. The suit is controversial because it seeks to address the trauma suffered by Black and ...


Resolving Tensions Between Disability Rights Law And Covid-19 Mask Policies, Elizabeth Pendo, Robert Gatter, Seema Mohapatra Jan 2020

Resolving Tensions Between Disability Rights Law And Covid-19 Mask Policies, Elizabeth Pendo, Robert Gatter, Seema Mohapatra

Maryland Law Review Online

No abstract provided.


Book Review Essay: Invisibility, Inclusivity & Fraternity: Was Yosef On The Spectrum? Understanding Joseph Through Torah, Midrash And Classical Jewish Sources (Samuel J. Levine, Urim Publications (2019)), Stephen A. Rosenbaum Jan 2020

Book Review Essay: Invisibility, Inclusivity & Fraternity: Was Yosef On The Spectrum? Understanding Joseph Through Torah, Midrash And Classical Jewish Sources (Samuel J. Levine, Urim Publications (2019)), Stephen A. Rosenbaum

Touro Law Review

No abstract provided.


Reflections On Jewish And American Disability Law And On The God Who Makes All Things Good, Randy Lee Jan 2020

Reflections On Jewish And American Disability Law And On The God Who Makes All Things Good, Randy Lee

Touro Law Review

No abstract provided.


The Conservative Challenge To Caring For Compensated Caregivers, Peggie R. Smith Jan 2020

The Conservative Challenge To Caring For Compensated Caregivers, Peggie R. Smith

Washington University Journal of Law & Policy

As more households seek home care workers to provide care for elderly and disabled family members, conservative attacks on workers’ unionization efforts threaten to destabilize the industry. This article discusses the supply and demand concerns within the industry, and considers the conservative attack on home care workers. It concludes by exploring the proposed federal domestic workers bill of rights and recommends proactive measures for states to help fortify the industry.