Seattle University School of Law
University of Michigan Law School
Boston College Law School
Pepperdine University
University of Pennsylvania Law School
University of Maryland Francis King Carey School of Law
Mitchell Hamline School of Law
Brigham Young University Law School
Cornell University
Barry University
50 Years Later—The State Of Civil Rights And Opportunity In America,
2018
University of Minnesota Law School
50 Years Later—The State Of Civil Rights And Opportunity In America, Catherine E. Lhamon
Law & Inequality: A Journal of Theory and Practice
Abridged Transcript, The Summit for Civil Rights, November 9, 2017
The Universality Of The Human Condition: Theorizing Transportation Inequality Claims By Persons With Disabilities In Canada, 1976-2016,
2018
University of Windsor, Faculty of Law
The Universality Of The Human Condition: Theorizing Transportation Inequality Claims By Persons With Disabilities In Canada, 1976-2016, Laverne A. Jacobs
Laverne Jacobs
“Who Will Judge The Many When The Game Isthrough?”: Considering The Profound Differencesbetween Mental Health Courts And “Traditional”Involuntary Civil Commitment Courts,
2018
Seattle University School of Law
“Who Will Judge The Many When The Game Isthrough?”: Considering The Profound Differencesbetween Mental Health Courts And “Traditional”Involuntary Civil Commitment Courts, Michael L. Perlin
Seattle University Law Review
For forty years, we have known that involuntary civil commitment hearings are—in most jurisdictions—“charades.” When the Supreme Court noted, in Parham v. J.R., that the average length of a civil commitment hearing ranged from 3.8 to 9.2 minutes, the reaction of many who had done these cases was, “What? So long?!” The characterization of such hearings as being a “greased runway” to a state institution has never been disputed. Lawyers representing these individuals were bored or contemptuous; judges simply wanted to get cases moving; opposing counsel looked at their wrist watches to see when the ...
Module 1 - Beginning Models And History Of People With Disabilities.Pdf,
2018
Boston University
Module 1 - Beginning Models And History Of People With Disabilities.Pdf, John Kramer
John Kramer
Litigating Trauma As Disability In American Schools,
2018
Northwestern Pritzker School of Law
Litigating Trauma As Disability In American Schools, Taylor N. Mullaney
Northwestern Journal of Law & Social Policy
No abstract provided.
When Courts Run Amuck: A Book Review Of Unequal: How America's Courts Undermine Discrimination Law By Sandra F. Sperino And Suja A. Thomas (Oxford 2017),
2018
University of Arkansas at Little Rock William H. Bowen School of Law
When Courts Run Amuck: A Book Review Of Unequal: How America's Courts Undermine Discrimination Law By Sandra F. Sperino And Suja A. Thomas (Oxford 2017), Theresa M. Beiner
Texas A&M Law Review
In Unequal: How America’s Courts Undermine Discrimination Law (“Unequal”), law professors Sandra F. Sperino and Suja A. Thomas provide a point-by-point analysis of how the federal courts’ interpretations of federal anti-discrimination laws have undermined their efficacy to provide relief to workers whose employers have allegedly engaged in discrimination. The cases’ results are consistently pro-employer, even while the Supreme Court of the United States—a court not known for being particularly pro-plaintiff—has occasionally ruled in favor of plaintiff employees. The authors suggest some reasons for this apparent anti-plaintiff bias among the federal courts, although they do not settle on ...
The Heart Of K'E: Transforming Dine Special Education And Unsettling The Colonial Logics Of Disability,
2018
University of New Mexico
The Heart Of K'E: Transforming Dine Special Education And Unsettling The Colonial Logics Of Disability, Sandra Yellowhorse
American Studies ETDs
This paper takes up the roles of ideology and spatiality as they impact Diné students and learners in understanding conceptions of normativity, neuro-diversity and bodily variance. I am concerned with how the movement and creation of Indigenous schools and their praxis still maintain and often times produce settler colonial ideologies of being, personhood, difference and ability. I illustrate the challenges that Diné planners and educators face in entrenching cultural knowledge and language into their educational initiatives, while some of the problematic manifestations and expressions of normativity present themselves through state polices, federal law and mainstream curriculum.
I focus on the ...
Department Of Corrections V. Superior Court: Hear No Evil,
2018
University of Maine School of Law
Department Of Corrections V. Superior Court: Hear No Evil, Aaron T. Morel
Maine Law Review
On December 9, 1991, professional ethical and moral considerations prompted heated litigation in Department of Corrections v. Superior Court. Justice Donald G. Alexander of Maine's Superior Court displayed considerable foresight while sentencing two borderline mentally retarded child sex offenders. Although both defendants had committed repugnant crimes, Justice Alexander anticipated that they would be subjected to impermissible abuse if incarcerated in the Department of Corrections. He believed that preventive measures were necessary to ensure the safety of the defendants being sentenced and to avoid the potential that conditions of their incarceration would amount to cruel and unusual punishment. Justice Alexander ...
Disart: Redefining The Construct Of Participation,
2018
Western Michigan University
Disart: Redefining The Construct Of Participation, Jennifer Fortuna
The Open Journal of Occupational Therapy
DisArt, an arts and culture organization based in Grand Rapids, MI, provided the cover art for the Spring 2018 issue of the Open Journal of Occupational Therapy (OJOT). The piece, a somatic sculpture by Petra Kuppers, was featured at the 2015 DisArt Festival in Grand Rapids. Kuppers is a disability culture activist and community performance artist who connects people, both disabled and nondisabled, in public spaces. DisArt’s mission is to increase the participation of disabled people in our communities through disability art exhibitions, cutting edge public events, and consultation. In a recent interview, DisArt co-founders and executive directors, Dr ...
Developing The State Interagency Coordinating Council For Maine Child Developmental Services,
2018
University of Maine
Developing The State Interagency Coordinating Council For Maine Child Developmental Services, Olivia Shaw
Poster Presentations
Each state is required by the federal Individuals with Disabilities Act (IDEA), 20 U.S.C. 1441 to have a State Interagency Coordination Council to act as an advising council for their state Early Intervention Program. My leadership project mentor, Roy Fowler, the state director for Maine’s Early Intervention Program, Child Developmental Services (CDS), tasked me with helping him to develop a new and effective SICC for CDS. Doing this required extensive research into the federal requirements for an SICC including, participant requirements, responsibilities of the SICC, and the overall process for applying to be a member. Once the ...
Researching Less Restrictive Alternatives To Maine's Regulations Governing Behavior Supports For Adults With Developmental Disabilities,
2018
University of Maine
Researching Less Restrictive Alternatives To Maine's Regulations Governing Behavior Supports For Adults With Developmental Disabilities, Holly Hegarty
Poster Presentations
This project was done in partnership with the NH-ME LEND Leadership Project and Disability Rights Maine. For this project I researched Maine’s regulations governing behavioral support, modification and management for adults with intellectual disabilities or autism spectrum disorder, and I researched regulations from other states. The purpose of my project was to compare regulations from other states with Maine’s regulations, with the goal to find a model state that Maine could potentially adopt parts of their regulations to make Maine’s regulations more progressive and less restrictive. This project was completed in collaboration between student, mentor and leadership ...
Writing The Access Code: Enforcing Commercial Web Accessibility Without Regulations Under Title Iii Of The Americans With Disabilities Act,
2018
Boston College Law School
Writing The Access Code: Enforcing Commercial Web Accessibility Without Regulations Under Title Iii Of The Americans With Disabilities Act, Daniel Sorger
Boston College Law Review
A growing number of private lawsuits allege that businesses are violating Title III of the Americans with Disabilities Act because their websites are inaccessible to disabled individuals. Courts remain divided, however, on the extent to which commercial websites are covered under Title III. Additionally, the Department of Justice has not promulgated commercial web accessibility regulations—adding further uncertainty to the private enforcement regime. This Note argues that Title III broadly covers commercial websites, but that private enforcement is not positioned to spur lasting, broad-based Title III compliance. It proposes that large-scale litigation, state attorney general action, and state laws should ...
The Remedial Authority Of Hearing And Review Officers Under The Individuals With Disabilities Education Act: The Latest Update,
2018
Pepperdine University
The Remedial Authority Of Hearing And Review Officers Under The Individuals With Disabilities Education Act: The Latest Update, Perry A. Zirkel
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Paternalism And The Rise Of The Disability State,
2018
Pepperdine University
Paternalism And The Rise Of The Disability State, David W. Engel, Jeffrey S. Wolfe
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Who Gets In? The Price Of Acceptance In Canada,
2018
University of Toronto
Who Gets In? The Price Of Acceptance In Canada, Chavon A. Niles
Journal of Critical Thought and Praxis
The Canadian nation state is often applauded for its open and welcoming attitude towards Others. The Prime Minister of Canada has openly stated that “Diversity is our strength.” However, who gets in suggests who and what Canada values. Through the stories of Jazmine, Nico and Harold shared by Global News, I will illustrate how Canada continues to discriminate against people with disabilities. Using critical disability studies and critical race theory, I explore the assumptions the “excessive demand,” point system, and medical exam make in labelling and disregarding disabled applicants who are read as undesirable and unworthy. Finally, I reflect on ...
Process Improvement Ensures High-Quality Disability Benefit Evaluation,
2018
University of Massachusetts Medical School
Process Improvement Ensures High-Quality Disability Benefit Evaluation, Jody Simpson
Commonwealth Medicine Publications
Ongoing quality management and review of disability benefit evaluation processes and procedures is critical for state and municipal retirement system administrators. Public retirement systems may be challenged in these areas due to limited time and resources.
Working with a partner who is skilled in assisting organizations with all aspects of their medical review needs can ease the burden. UMass Medical School’s Disability Evaluation Services offers comprehensive disability evaluation solutions with a focus on quality improvement and client satisfaction. Having the clinical expertise to provide medical board review recommendations and case management is just one of our strengths.
Mullin V. Ratheon Co.: The Threatened Vitality Of Disparate Impact Under The Adea,
2018
University of Maine School of Law
Mullin V. Ratheon Co.: The Threatened Vitality Of Disparate Impact Under The Adea, Miles F. Archer
Maine Law Review
Seven years after Congress enacted Title VII of the Civil Rights Act of 1964 (Title VII), and four years after the enactment of the Age Discrimination in Employment Act of 1967 (the ADEA), the Supreme Court, in Griggs v. Duke Power Co., enunciated the doctrine of disparate impact as a means of establishing liability under Title VII. Since that time, the doctrine has evolved considerably and its application and contours have been redefined by the Court as well as by Congress. Within this evolution there has been a debate among the courts and commentators as to whether the doctrine may ...
The Supreme Court Reverses The Equal Employment Opportunity Commission's Directive That Disability Determinations Should Be Made Without Regard To Mitigating Measures: Sutton V. United Airlines,
2018
University of Maine School of Law
The Supreme Court Reverses The Equal Employment Opportunity Commission's Directive That Disability Determinations Should Be Made Without Regard To Mitigating Measures: Sutton V. United Airlines, Sara Gagne Holmes
Maine Law Review
In Sutton v. United Airlines, identical twin sisters with severe myopia, filed suit under Title I of the Americans with Disabilities Act (ADA) alleging that United Airlines (United) discriminated against them on the basis of a disability, or because United regarded them as having a disability. This case invited the United States Supreme Court to decide for the first time whether mitigating measures such as glasses, medication or prosthetics should be considered when determining if an impairment is an “actual disability” under the ADA, and what constitutes a proper allegation for being “regarded as” disabled under the ADA. In a ...
Mixed Messages: An Analysis Of The Conflicting Standards Used By The United States Circuit Courts Of Appeals When Awarding The Compensatory Education For A Violation Of The Individuals With Disabilities Education Act,
2018
University of Maine School of Law
Mixed Messages: An Analysis Of The Conflicting Standards Used By The United States Circuit Courts Of Appeals When Awarding The Compensatory Education For A Violation Of The Individuals With Disabilities Education Act, James C. Schwellenbach
Maine Law Review
With the passage of the Education for All Handicapped Children Act (EAHCA) of 1975, now titled the Individuals with Disabilities Education Act (IDEA or the Act), each child with a disability was guaranteed the right to a free and appropriate public education. It fell to the public schools to provide that free and appropriate education to students with disabilities, many of whom had been denied access to public schools prior to that time. It was inevitable that parents would disagree with their local school district, or the state educational agency, as to whether their child was being provided the kind ...
The Interplay Between Human Rights And Accessibility Laws: Lessons Learned And Considerations For The Planned Federal Accessibility Legislation,
2018
University of Windsor, Faculty of Law
The Interplay Between Human Rights And Accessibility Laws: Lessons Learned And Considerations For The Planned Federal Accessibility Legislation, Laverne Jacobs
Law Publications
In this study, the author analyzes, comparatively, the administrative governance functions of legislation that provides accessibility standards in six jurisdictions that also offer legal protection from discrimination to people with disabilities: Australia, the United Kingdom, the United States and the Canadian provinces of Ontario, Manitoba and Nova Scotia. The following governance functions were examined: a) creating accessibility standards, b) enforcing accessibility standards, c) enforcing decisions,d) encouraging compliance, e) raising public awareness (and promoting systemic culture change) and f) public education. The study was conducted with a view to understanding how human rights laws, principles and values can be used ...
