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Atkins V. Virginia At Twenty: Still Adaptive Deficits, Still In The Developmental Period, Sheri Lynn Johnson, John H. Blume, Brendan Van Winkle 2022 Cornell Law School

Atkins V. Virginia At Twenty: Still Adaptive Deficits, Still In The Developmental Period, Sheri Lynn Johnson, John H. Blume, Brendan Van Winkle

Washington and Lee Journal of Civil Rights and Social Justice

Twenty years ago, in Atkins v. Virginia, the Supreme Court of the United States held that the Eighth Amendment prohibited states from executing persons with intellectual disability. While the Court’s decision is laudable and has saved many of the most vulnerable persons from the executioner, its effect has been undermined by recalcitrant states attempting to exploit language in the opinion permitting states to create procedures to implement the (then) new categorical prohibition. In this article, we examine how some states have adopted procedures which are fundamentally inconsistent with the clinical consensus understanding of the disability and how one state ...


Without Accommodation, Jennifer Bennett Shinall 2022 Vanderbilt University Law School

Without Accommodation, Jennifer Bennett Shinall

Indiana Law Journal

Under the Americans with Disabilities Act (ADA), workers with disabilities have the legal right to reasonable workplace accommodations provided by employers. Because this legal right is unique to disabled workers, these workers could, in theory, enjoy greater access to the types of accommodations that are desirable to all workers—including the ability to work from home, to work flexible hours, and to take leave. This Article compares access to these accommodations, which have become increasingly desirable during the COVID-19 pandemic, between disabled workers and nondisabled workers. Using 2017–2018 data from the American Time Use Survey’s Leave and Job ...


Discrimination And Disparity: Violating Olmstead V. L.C. Discriminates Against The Psychiatrically Vulnerable And Fosters Racial/Ethnic And Socioeconomic Mental Health Disparities, McKenna S. Cloud 2022 Mississippi College School of Law

Discrimination And Disparity: Violating Olmstead V. L.C. Discriminates Against The Psychiatrically Vulnerable And Fosters Racial/Ethnic And Socioeconomic Mental Health Disparities, Mckenna S. Cloud

Mississippi College Law Review

Mississippi is one of several states still in violation of federal laws by unnecessarily institutionalizing individuals with serious mental illness and intellectual and developmental disabilities (“psychiatric vulnerabilities”) and by failing to offer sufficient community-based mental health services. This Comment uses Mississippi’s broken mental healthcare system as a case study to reveal how violating the Americans with Disabilities Act (“ADA”) and Olmstead v. L.C. ex rel Zimring, 527 U.S. 581, 597 (1999), not only discriminates against the psychiatrically vulnerable but also fosters racial/ethnic and socioeconomic mental health disparities. Complying with these federal mandates will provide individuals with ...


Collin Walsh ’13 Named A "Careers & The Disabled" Magazine “National Employee Of The Year”, James Owsley Boyd 2022 Maurer School of Law - Indiana University

Collin Walsh ’13 Named A "Careers & The Disabled" Magazine “National Employee Of The Year”, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

On the third day of Foreign Service orientation as a U.S. Department of State Diplomatic Security Service special agent candidate, Collin Walsh couldn’t walk.

The 2013 Maurer School of Law alumnus had been experiencing mild symptoms, like skin sensitivity in his legs, over the previous week, but didn’t make anything of it.

In that first week of DSS training, Walsh went from mild symptoms to near complete immobility. Seemingly overnight, the former NCAA All-American middle-distance runner couldn’t move. . .


The Dangers Of Being Disabled In The Time Of Covid, Elizabeth R. Schiltz 2022 University of St. Thomas, Minneapolis

The Dangers Of Being Disabled In The Time Of Covid, Elizabeth R. Schiltz

University of St. Thomas Law Journal

No abstract provided.


Cyborgs And The Americans With Disabilities Act, Lou Colasanti 2022 Mitchell Hamline School of Law

Cyborgs And The Americans With Disabilities Act, Lou Colasanti

Student Scholarship

Medical technology is advancing at lightning speed with the potential to drastically benefit the disabled. These new technologies will result in humans who will use a wide array of assistive technologies and will likely be labelled as Cyborgs. Assistive technologies such as self-driving cars, robots, computer chip implants, insertable medical hardware, and exoskeletons are already well developed. The day is rapidly approaching when Cyborgs as a class will be large and influential. Critically, the Americans with Disabilities Act (ADA), the judges tasked with enforcing this legislation, and the legislature itself are all ill equipped to handle the speed of this ...


Crisis Intervention Team Training And Use Of Force On Persons With Mental Illnesses, Xavier Aguirre 2022 California State University, San Bernardino

Crisis Intervention Team Training And Use Of Force On Persons With Mental Illnesses, Xavier Aguirre

Electronic Theses, Projects, and Dissertations

The criminological literature on the effects of Crisis Intervention Training (CIT) among police in handling of crisis situations involving persons with mental illness (PMI) has emerged as a critical in modern policing. This study seeks to add to the literature on policing persons with mental illness by investigating the effects of CIT training, officer characteristics, and crisis incidences in the Seattle, Washington Police Department. There are two models that is used for this study. The first model focuses on the aforementioned factors in predicting police to use force in such incidents. The second model focus on officer dispositions. The data ...


The Missing Piece Of The Puzzle: The Intersection Of Race And Special Education, Tsega Zewdneh Shiferaw 2022 University of the District of Columbia School of Law

The Missing Piece Of The Puzzle: The Intersection Of Race And Special Education, Tsega Zewdneh Shiferaw

University of the District of Columbia Law Review

The privileges allotted to Americans cannot be compared to any other country’s citizens. Americans have the liberty of saying what they want, thinking what they want, and acting freely in public. Nebiyat Shiferaw (“Nebiyat”) is a thirty-year-old African American man who is unable to speak and live independently because he has autism, also known as autism spectrum disorder (“ASD”). Nebiyat does not experience the same liberties as most Americans; he has gone through special education programs and has overcome discrimination, not because of the Individuals with Disabilities Education Act (“IDEA”), but because of his parents advocating for him. As ...


More Than #Freebritney: Remedying Constitutional Violations In Guardianship For People With Disabilities, Hannah Shotwell 2022 University of New Mexico - School of Law

More Than #Freebritney: Remedying Constitutional Violations In Guardianship For People With Disabilities, Hannah Shotwell

New Mexico Law Review

Adult guardianship is used as a method to restrict the decisionmaking rights of some individuals with intellectual or developmental disabilities who have been deemed “incompetent.” However, the use of guardianship to remove someone’s decisionmaking rights violates the equal protection rights granted by the New Mexico Constitution. Discrimination against people with developmental disabilities must be substantially related to an important governmental interest, and the current state of guardianship fails to meet that bar. Further, guardianship violates the state constitutional guarantee of due process because it infringes on the fundamental right to the least restrictive means of care. New Mexico must ...


Abortion Rights And Disability Equality: A New Constitutional Battleground, Allison M. Whelan, Michele Goodwin 2022 Georgia State University College of Law

Abortion Rights And Disability Equality: A New Constitutional Battleground, Allison M. Whelan, Michele Goodwin

Washington and Lee Law Review

Abortion rights and access are under siege in the United States. Even while current state-level attacks take on a newly aggressive scale and scope—emboldened by the United States Supreme Court’s June 2022 decision in Dobbs v. Jackson Women’s Health Organization to overturn Roe v. Wade and Planned Parenthood of Southeastern Pennsylvania v. Casey—the legal landscape emerging in the wake of Dobbs is decades in the making. In this Article, we analyze the pre- and post-Roe landscapes, explaining that after the Supreme Court recognized a right to abortion in Roe in 1973, anti-abortionists sought to dismantle ...


Transparency And Reliance In Antidiscrimination Law, Steven L. Willborn 2022 Univeristy of Nebraska Lincoln College of Law

Transparency And Reliance In Antidiscrimination Law, Steven L. Willborn

Catholic University Law Review

All antidiscrimination laws have two structural features – transparency and reliance – that are important, even central, to their design, but have gone largely unnoticed. On transparency, some laws, like the recent salary-ban laws, attempt to prevent the employer from learning about the disfavored factor on the theory that an employer cannot rely on an unknown factor. Other laws require publication of the disfavored factor, such as salary, on the theory that it is harder to discriminate in the sunlight. Still other laws are somewhere between these two extremes. The Americans with Disabilities Act, for example, limits but does not preclude employer ...


Reclaiming The Right To Consent: Judicial Bypass Mechanism As A Way For Persons With Disabilities To Lawfully Consent To Sexual Activity In Ohio, Melissa S. Obodzinski 2022 Cleveland-Marshall College of Law

Reclaiming The Right To Consent: Judicial Bypass Mechanism As A Way For Persons With Disabilities To Lawfully Consent To Sexual Activity In Ohio, Melissa S. Obodzinski

Cleveland State Law Review

In Ohio, it is a criminal offense to engage in sexual conduct with another when his or her ability to consent is “substantially impaired” because of a mental or physical condition. There is no mechanism for persons with intellectual and/or developmental disabilities to receive judicial notice of whether their ability to consent is “substantially impaired” prior to criminal adjudication, nor is there a way for them to affirmatively prove that they have the capacity to consent to sexual activity. Thus, under Ohio law, intellectually and/or developmentally disabled individuals may be functionally and irrevocably barred from engaging in sexual ...


Upholding Disability Rights In The Americas: The Role Of The Inter-American Institutions, Ying Chen, Paul McDonough 2022 University of New England School of Law

Upholding Disability Rights In The Americas: The Role Of The Inter-American Institutions, Ying Chen, Paul Mcdonough

Georgia Journal of International & Comparative Law

This Article studies how the adjudicative institutions created by the Inter-American Convention on Human Rights (ACHR) have worked to uphold the rights of persons with disabilities. It argues that those institutions, the Inter-American Commission on Human Rights (the Commission or IACHR) and the Inter-American Court of Human Rights (the Court or IACtHR), have begun to construct a regime of enforceable rights of persons with disabilities by applying international rules and interpretations to fill gaps in a relatively sparse Inter-American disability rights treaty framework. To buttress general principles of equality and non-discrimination with specific rights, the Commission and the Court have ...


Slaying The Serpents: Why Alternative Intervention Is Necessary To Protect Those In Mental Health Crisis From The State-Created Danger “Snake Pit”, Kathleen Giunta 2022 Brooklyn Law School

Slaying The Serpents: Why Alternative Intervention Is Necessary To Protect Those In Mental Health Crisis From The State-Created Danger “Snake Pit”, Kathleen Giunta

Journal of Law and Policy

The Black Lives Matter protests in 2020 and ongoing reports of police brutality around the United States sparked extensive debate over qualified immunity and the legal protections that prevent police accountability. Individuals experiencing mental health crises are especially vulnerable to police violence, since police officers lack the requisite skills and knowledge to provide effective crisis support during mental health emergencies. Although the state-created danger doctrine was created by the courts as an exception to qualified immunity, it is so rarely applied that individuals harmed or even killed by police are left without legal remedy. This Note explores qualified immunity and ...


Consider Collateral Consequences: The Inherent Hypocrisy Of Veterans Treatment Courts’ Failure To Dismiss Criminal Charges, Julia W. Williams 2022 Brooklyn Law School

Consider Collateral Consequences: The Inherent Hypocrisy Of Veterans Treatment Courts’ Failure To Dismiss Criminal Charges, Julia W. Williams

Journal of Law and Policy

American veterans are often plagued by psychological and physical injuries, among other hardships, which, when unaddressed, can lead to substance abuse, criminal behavior, and suicide. As public awareness of the difficulties that American veterans face was growing, the problem-solving court movement was also gaining momentum. Largely inspired by therapeutic jurisprudence, an interdisciplinary framework that sees the law as a way to reach therapeutic outcomes, problem-solving courts seek to identify the root causes of criminal behavior and address those causes in ways that promote rehabilitation and reduce recidivism. Veterans Treatment Courts (“VTCs”) emerged when veterans advocacy intersected with the problem-solving court ...


The Pennhurst Doctrines And The Lost Disability History Of The "New Federalism", Karen Tani 2022 University of Pennsylvania Carey Law School

The Pennhurst Doctrines And The Lost Disability History Of The "New Federalism", Karen Tani

Faculty Scholarship at Penn Carey Law

For those outside the world of deinstitutionalization and disability rights, however, the Pennhurst case carries different associations, drawn from the two Supreme Court decisions (in 1981 and 1984) that the litigation produced. Although rarely analyzed in tandem, both decisions were about the scope of federal power vis-àvis the states: the first about how to interpret the terms of federal-state grants-in-aid, a ubiquitous policy device by the second half of the twentieth century; the second about state sovereign immunity.

Bringing these multiple legacies together for the first time—with the benefit of interviews and archival research—this Article shows how an ...


Assessing The Accessibility Of The Judicial System's Arrest-To-Parole Timeline For People Who Are D/Deaf And Hard-Of-Hearing, Evelyn G. Birnbaum 2022 Portland State University

Assessing The Accessibility Of The Judicial System's Arrest-To-Parole Timeline For People Who Are D/Deaf And Hard-Of-Hearing, Evelyn G. Birnbaum

University Honors Theses

The judicial system is inaccessible to many groups of people for a variety of reasons, one of those populations being the d/Deaf and Hard of Hearing community (DHH). This community faces prejudice and discrimination in many institutions because of their identity, but within the justice system, this prejudice is compounded and controlled by poor legislation and either the lack of, or barriers to, effective communication. At every point in the chronological timeline from getting arrested to achieving parole, individuals who are d/Deaf or Hard of Hearing face discrimination and obstacles that their hearing counterparts do not. The discrimination ...


Everything Is Bigger In Texas: Including The Horrendously Inadequate Attempts At Providing Special Education And Related Services To All Children With Disabilities, Alexandria R. Booterbaugh 2022 St. Mary's University School of Law

Everything Is Bigger In Texas: Including The Horrendously Inadequate Attempts At Providing Special Education And Related Services To All Children With Disabilities, Alexandria R. Booterbaugh

The Scholar: St. Mary's Law Review on Race and Social Justice

Without immediate action, the “corrections” made by the Texas legislature to meet the appropriateness requirement for special education will result in imminent peril for students with an autism spectrum disorder (ASD) as well as their parents. Tens of thousands of children fall between the cracks as a result of Texas’ illegalities and the lack of responsibility Texas’ lawmakers and Texas Education Agency (TEA) have for special education. If Texas does not fully devote itself to a significant overhaul of its special education practices, students will continue to be left behind.

Congress enacted the Individuals with Disabilities Education Act (IDEA) because ...


A Covid Silver Lining? How Telework May Be A Reasonable Accommodation After All, Baylee Kalmbach 2022 University of Cincinnati College of Law

A Covid Silver Lining? How Telework May Be A Reasonable Accommodation After All, Baylee Kalmbach

University of Cincinnati Law Review

No abstract provided.


How To Protect Special Education During Covid-19: From The Courts To The Capitol, Sarah Coleman 2022 University of Miami School of Law.

How To Protect Special Education During Covid-19: From The Courts To The Capitol, Sarah Coleman

University of Miami Race & Social Justice Law Review

The COVID-19 pandemic has forced students around the country out of brick-and-mortar schools and into virtual classrooms. While the switch to remote learning has helped keep students and teachers safe from contracting the virus, students with disabilities have largely been deprived of a meaningful education and in person services mandated under federal law. This essay will explain how students have been denied a free appropriate public education (FAPE) under the Individuals with Disabilities Act (IDEA), how litigation has been unsuccessful in creating systemic change for these students, and how public policy by U.S. legislators can offer a solution.


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