White Paper: Effective Communication With Deaf, Hard Of Hearing, Blind, And Low Vision Incarcerated People, 2022 Civil Rights Litigation Clearinghouse
White Paper: Effective Communication With Deaf, Hard Of Hearing, Blind, And Low Vision Incarcerated People, Tessa Bialek, Margo Schlanger
Other Publications
Tens of thousands of people incarcerated in jails and prisons throughout the United States have one or more communication disabilities, a term that describes persons who are deaf, hard of hearing, blind, low vision, deaf-blind, speech disabled, or otherwise disabled in ways that affect communication. Incarceration is not easy for anyone, but the isolation and inflexibility of incarceration can be especially challenging, dangerous, and further disabling, for persons with disabilities. Correctional entities must confront these challenges; persons with communication disabilities are overrepresented in jails and prisons and the population continues to grow. Federal antidiscrimination law obligates jails and prisons to …
Recommendations On Mature Minors, 2022 Schulich School of Law, Dalhousie University
Recommendations On Mature Minors, Constance Macintosh
Reports & Public Policy Documents
Recommendation: The Committee should remove the requirement from the Criminal Code that candidates for Medical Assistance in Dying (MAID) be at least 18 years old. This is for the following reasons, elaborated upon below.
1.The MAID regime should always turn on the actual capacity of any person requesting MAID
2.The MAID regime’s approach to consent and capacity should be consistent with Canadian law on health care decision-making by minors
3.The MAID regime will likely be found unconstitutional if it maintains an age-based bar
4.The vulnerability of youth may require a different approach but does not justify an age-based bar
5.Removing …
Mental Health Care And Intimate Partner Violence: Unasked Questions, 2022 University of Maryland Francis King Carey School of Law
Mental Health Care And Intimate Partner Violence: Unasked Questions, Delaney E. Anderson, Richard C. Boldt
Faculty Scholarship
There is significant overlap between the group of people who experience trauma, including domestic or intimate partner violence, and those who are hospitalized for severe mental illness. In recent years there has been a growing awareness in the mental health treatment community of the prevalence of trauma among individuals with behavioral health problems. Despite the strong evidence of elevated rates of exposure to domestic or intimate partner violence among individuals experiencing mental illness (including depression, anxiety, and posttraumatic stress disorder), mental health professionals often do not effectively address this co-occurring factor in assessing and treating their clients or patients. The …
Improper Distinction Under The Ada Leads To An Irrational Outcome: Favoring One Life Over Another, 2022 Touro Law Center
Improper Distinction Under The Ada Leads To An Irrational Outcome: Favoring One Life Over Another, Daniel Frederick Parise
Touro Law Review
Society has a distorted view of those battling addiction and essentially marks them with a sign of disgrace; however, what society may not fully understand is that addiction is a disability beyond the afflicted individual’s control. The National Survey on Drug Use and Health indicates that 19.7 million Americans have battled a substance use disorder in their life. Of the 19.7 million Americans who battled illicit substance use disorders, approximately seventy-four percent also struggled with alcohol use disorder.
Based on these statistics, it is clear that illicit drug use disorders are often interconnected with alcohol use disorders. However, Congress makes …
Duty To Impair: Failure To Adopt The Federal Rules Of Evidence Allows The Va To Rely On Incompetent Examiners And Inadequate Medical Examinations, 90 Umkc L. Rev. 511 (2022), 2022 UIC School of Law
Duty To Impair: Failure To Adopt The Federal Rules Of Evidence Allows The Va To Rely On Incompetent Examiners And Inadequate Medical Examinations, 90 Umkc L. Rev. 511 (2022), Yelena Duterte
UIC Law Open Access Faculty Scholarship
No abstract provided.
Once Mentally Ill, Always A Danger? Lifetime Bans On Gun Ownership Under Fire Following Involuntary Commitment, 2022 Touro Law Center
Once Mentally Ill, Always A Danger? Lifetime Bans On Gun Ownership Under Fire Following Involuntary Commitment, Amanda Pendel
Touro Law Review
18 U.S.C. § 922(g)(4) imposes a lifetime ban on those who have been involuntarily committed to a mental institution from purchasing, or possessing a firearm, regardless of an extended passage of time, or a finding that the individual is unlikely to pose a danger to themselves or the public. Three circuits have created a split concerning the constitutionality of this statute. The Third Circuit held in Beers v. Attorney General United States that those involuntarily committed were outside of the scope of the Second Amendment; therefore, the § 922(g)(4)’s categorical ban is constitutional. Next, the Ninth Circuit in Mai v. …
The Americans With Disabilities Act Amendments Act: What About Reasonable Accommodation? Where Are We Now?, 2022 Touro University Jacob D. Fuchsberg Law Center
The Americans With Disabilities Act Amendments Act: What About Reasonable Accommodation? Where Are We Now?, Teressa Elliott, Kathleen A. Carnes
Touro Law Review
The Americans with Disabilities Act Amendments Act (“ADAAA”) was passed in 2008 and became effective on January 1, 2009. There are issues regarding reasonable accommodation that have arisen in connection with this Act. This article first explains what changes were made to the ADA’s employment-related provisions with the ADAAA and also explains the relevant U.S. Supreme Court cases that led to passage of the ADAAA. Reasonable accommodation under the Act and reasonable accommodation cases are then discussed as well as the U.S. Airways v. Barnett case. We then end with ways to interpret these cases for guidance and the conclusion …
Evolving Beyond Reasonable Accommodations Towards "Off-Shelf Accessible" Workplaces And Campuses, 2022 American University Washington College of Law
Evolving Beyond Reasonable Accommodations Towards "Off-Shelf Accessible" Workplaces And Campuses, Karla Gilbride
American University Journal of Gender, Social Policy & the Law
One of the hallmarks of the Americans with Disabilities Act (“ADA”), which prohibits discrimination in the workplace on the basis of disability, is that it defines “discrimination” to include “not making reasonable accommodations to the known mental or physical limitations of an otherwise qualified individual with a disability.” This concept of reasonable accommodation was seen as innovative in two ways. It recognized that employers must sometimes take affirmative steps or make adaptations to afford individuals with disabilities an equal opportunity to apply for and perform jobs. And it identified the failure to take such affirmative steps as a type of …
Fat Rights, Public Health Oppression And Prejudice, And The “Obesity Epidemic”, 2022 Touro University Jacob D. Fuchsberg Law Center
Fat Rights, Public Health Oppression And Prejudice, And The “Obesity Epidemic”, Nicholas D. Lawson
Touro Law Review
The pervasiveness, frequency, and intensity of fat shaming, bullying, and harassment experienced by fat people is well-documented, and three quarters of the American public support antidiscrimination protections for fat people. Yet fat people generally remain unprotected from discrimination under federal and state law in all but two jurisdictions. This Article traces these problems to the agendas of public health leaders, organizations (the Centers for Disease Control and Prevention and the World Health Organization), and associated industries, which are fighting an “obesity epidemic.” It describes some of their fat-shaming strategies and persistent public-health-crisis framings, as well as sensationalized presentations of research …
Guardianships Vs. Special Needs Trusts, And Other Protective Arrangements: Ensuring Judicial Accountability And Beneficiary Autonomy, 2022 American University Washington College of Law
Guardianships Vs. Special Needs Trusts, And Other Protective Arrangements: Ensuring Judicial Accountability And Beneficiary Autonomy, Robert Dinerstein, Frank A. Johns, Patricia E. Kefalas Dudek
Articles in Law Reviews & Other Academic Journals
This article focuses on rising tensions and conflicts (perceived and actual) occurring among guardianships, special needs trusts (SNT) and other protective arrangements. The authors focus on three distinctly different applications, guiding participants through 1) Guardianship versus an SNT; 2) Supported decision-making versus an SNT; and 3) Guardianship versus other less restrictive options, including, but not limited to, an Achieving a Better Life Experience (ABLE) account, a representative payee, and a pooled SNT.
An Attempt To Bring Modern Workplace Realities To The Social Security Disability Adjudication System, 2022 Penn State Dickinson Law
An Attempt To Bring Modern Workplace Realities To The Social Security Disability Adjudication System, Robert E. Rains
Dickinson Law Review (2017-Present)
No abstract provided.
2021 Rhode Island Public Laws, 2022 Juris Doctorate candidate, Roger Williams University School of Law
2021 Rhode Island Public Laws, Madison C. Picard
Roger Williams University Law Review
No abstract provided.
How #Freebritney Exposes The Need To Disable The Model Rules Of Professional Conduct, 2022 Mitchell Hamline School of Law
How #Freebritney Exposes The Need To Disable The Model Rules Of Professional Conduct, Heather Swadley
Mitchell Hamline Law Journal of Public Policy and Practice
No abstract provided.
Creativity For The Common Good: The Case For Fair Use Of Prosthetics Patents, 2022 Seattle University School of Law
Creativity For The Common Good: The Case For Fair Use Of Prosthetics Patents, Roxanneh Mousavi
Seattle University Law Review
This Note examines how patent law inhibits accessibility to prosthetics, and how a fair use defense for patent infringement will make them more widely accessible. Part I will explain the basics of patent law, including its history, scope, and process of infringement. Part II will discuss the fair use defense against copyright and trademark infringement and explain why this defense should also be enforceable for patent infringement. Part III will provide an overview of 3D printing. Part IV will focus on 3D prosthetics, specifically on the story of two young prosthetic recipients, Griffin Matuszek and Evie Lambert. Finally, Part V …
This Aggression Will Not Stand, Schools: The Need For Federal Legislation Protecting Bullied Students With Disabilities, 2022 Touro Law Center
This Aggression Will Not Stand, Schools: The Need For Federal Legislation Protecting Bullied Students With Disabilities, Russell A. Vogel
Touro Law Review
A boy with Autism comes home from school, visibly upset. His parents ask him why, and he responds that nobody in his class likes him. To his parents’ horror, they learn that their son’s teacher encouraged a class discussion about why they dislike their son. When the boy’s parents complain to the school about this issue, school administrators brush it aside. The next day, students sitting near the boy move their desks away from him and taunt him for the way he acts every time he tries to socialize with them. The boy then refuses to go to school each …
Without Accommodation, 2022 Vanderbilt University Law School
Without Accommodation, Jennifer B. Shinall
Vanderbilt Law School Faculty Publications
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 Flexibilities Module, …
Table Of Contents, 2022 Seattle University School of Law
Table Of Contents, Seattle University Law Review
Seattle University Law Review
Table of Contents
Facultas Marginem: Assessing Disability Data And Public Aau Universities’ Affirmative Action Plans For Systemic Barriers Facing Faculty With Disabilities, 2022 University of Kentucky
Facultas Marginem: Assessing Disability Data And Public Aau Universities’ Affirmative Action Plans For Systemic Barriers Facing Faculty With Disabilities, Joseph Carlton Barry
Theses and Dissertations--Education Sciences
This dissertation contributes to education equity scholarship produced by academics seeking to develop understandings of disability, Persons with Disabilities (PWD), and how both are situated amongst faculty in institutions of higher education. As such, this dissertation centers on a study of public US universities belonging to the Association of American Universities (AAU). This study looks for institutional level associations between respective rates by which college and university faculty with disabilities (FWD) are employed, certain aspects of disability policy drawn from each institution’s 2020 Affirmative Action Plans (AAP), and various other instances of empirical disability data (EDD).
While this study contributes …
Supported Decision-Making: Potential And Challenges For Older Persons, 2022 Center for Public Representation
Supported Decision-Making: Potential And Challenges For Older Persons, Morgan K. Whitlatch, Rebekah Diller
Articles
In recent years, supported decision-making (SDM) has gained traction as a recognized alternative to guardianship for persons with disabilities in the United States. To date, SDM has not been as widely recognized as an alternative for older people, particularly those struggling with cognitive decline. This paper explores some of the obstacles that have prevented SDM from being used more broadly by older people, identifies ways of surmounting some of those obstacles, and makes recommendations for ways that SDM can be used in the aging context.
Examining The Social Security Tribunal’S Navigator Service: Access To Administrative Justice For Marginalized Communities, 2022 University of Windsor, Faculty of Law
Examining The Social Security Tribunal’S Navigator Service: Access To Administrative Justice For Marginalized Communities, Laverne Jacobs, Sule Tomkinson
Law Publications
An accessible MS Word version of this document is available for download at the bottom of this screen under "Additional files."
This report provides the findings, analysis and recommendations of a research study conducted on the federal Social Security Tribunal’s Navigator Service (SST Navigator Service). The SST Navigator Service was established in 2019 for tribunal users without a professional representative. The study examines the use of the Navigator Service for Canada Pension Plan–Disability (CPP–Disability) appeals heard by the Income Security - General Division of the Social Security Tribunal.
This research study focuses on access to administrative justice on the …