No Excuses For Charter Schools: How Disproportionate Discipline Of Students With Disabilities Violates Federal Law, 2018 University of Oklahoma College of Law
No Excuses For Charter Schools: How Disproportionate Discipline Of Students With Disabilities Violates Federal Law, Johanna F. Roberts
Oklahoma Law Review
No abstract provided.
Review Of The Fight For Fair Housing: Causes, Consequences And Future Implications Of The 1968 Federal Fair Housing Act, 2017 University of San Francisco, School of Law
Review Of The Fight For Fair Housing: Causes, Consequences And Future Implications Of The 1968 Federal Fair Housing Act, Tim Iglesias
Tim Iglesias
Depression: The Often Overlooked Sequela Of Head Trauma, 2017 Temple University
Depression: The Often Overlooked Sequela Of Head Trauma, Samuel D. Hodge Jr., Jack E. Hubbard
Cleveland State Law Review
Depression is a common sequela of head trauma. Approximately half of all individuals with a cranial injury will experience depression within the first year, regardless of the severity of the injury. The ailment is characterized clinically as a mood disorder, often associated with intense feelings of sadness. However, depression is more complex than mood disorders, as many mental and bodily complaints—such as insomnia, fatigue, anxiety, appetite changes, aches and pains, and lack of interest in previously enjoyable activities—are associated with depression. These intense feelings, particularly when combined with despair and hopelessness, can lead to suicide, a dreaded potential complication of …
Rectifying The Tilt: Equality Lessons From Religion, Disability, Sexual Orientation, And Transgender, 2017 University of Maine School of Law
Rectifying The Tilt: Equality Lessons From Religion, Disability, Sexual Orientation, And Transgender, Chai R. Feldblum
Maine Law Review
The joy and the challenge of being located in an academic setting is that I am also able to engage in forays (albeit intermittent forays) into scholarly analysis. Delivering this lecture, and publishing this piece, provides an excellent opportunity for me to engage in such a foray. This piece, then, is a scholarly reflection on my advocacy experiences. My goal is to use my experiences in advocacy as fertile soil from which to create, I hope, a lovely flower of theory and conceptual thought. Before setting out on this endeavor, however, I would like to offer two postulates. There are …
Taking Care Of Business And Protecting Maine's Employees: Supervisor Liability For Employment Discrimination Under The Maine Human Rights Act, 2017 University of Maine School of Law
Taking Care Of Business And Protecting Maine's Employees: Supervisor Liability For Employment Discrimination Under The Maine Human Rights Act, Katharine I. Rand
Maine Law Review
On the heels of federal legislation prohibiting employment discrimination most states, including Maine, have enacted their own civil or human rights statutes aimed at eliminating discriminatory behavior in the workplace. Like its federal counterpart, Title VII of the Civil Rights Act of 1964 (Title VII), the Maine Human Rights Act, enacted in 1971, prohibits employers from discriminating on the basis of race, gender, age, religion, or national origin and provides a civil remedy for victims of employment discrimination. Moreover, like Title VII, the question of just who constitutes a liable “employer” under the Maine Human Rights Act has been the …
Hiv And The Ada: What Is A Direct Threat?, 2017 University of Maine School of Law
Hiv And The Ada: What Is A Direct Threat?, Dawn-Marie Harmon
Maine Law Review
Anne, a surgical technician at a local hospital, recently learned that she was HIV-positive. She works in the emergency room and, as a part of her job, she hands surgical instruments to doctors performing emergency surgery. It is a fast paced and unpredictable environment. Her hands often come in contact with sharp instruments. Although Anne has never put her hands into a patient's body cavity, there is a remote possibility that she may need to do so in the future. There is always a possibility, however small, that she will cut herself and come into blood-to-blood contact with a doctor …
Disability, Universalism, Social Rights, And Citizenship, 2017 University of Michigan Law School
Disability, Universalism, Social Rights, And Citizenship, Samuel R. Bagenstos
Articles
The 2016 election has had significant consequences for American social welfare policy. Some of these consequences are direct. By giving unified control of the federal government to the Republican Party for the first time in a decade, the election has potentially empowered conservatives to ram through a bill to repeal the Affordable Care Act—the landmark “Obamacare” law that marked the most significant expansion of the social welfare state since the 1960s. Other consequences are more indirect. Both the election result itself, and Republicans’ actions since, have spurred a renewed debate within the left-liberal coalition regarding the politics of social welfare …
Caring For Humanity: Non-Profit Elderly Law, 2017 California State University, Monterey Bay
Caring For Humanity: Non-Profit Elderly Law, Sierra Samp
Capstone Projects and Master's Theses
This Capstone was an internship that focused on care in Humanity at Legal Services for Seniors. There is a journal that includes the observations of care in the law office. I focus on how attorneys care for each clients humanness while they are working on their cases. Attorneys may be doing work that can be quite intimidating, but the care they give is quite extraordinary.
An Eye Toward Effective Enforcement: A Technical-Comparative Approach To The Drafting Negotiations, 2017 University at Buffalo School of Law
An Eye Toward Effective Enforcement: A Technical-Comparative Approach To The Drafting Negotiations, Tara J. Melish
Tara Melish
Published as Chapter 5 in Human Rights and Disability Advocacy, Maya Sabatello & Marianne Schulze, eds.
The unprecedented level of civil society participation that took place in the drafting of the U.N. Convention on the Rights of Persons with Disabilities (CRPD) constitutes a major key to its success -- laying a solid foundation for the much longer and harder process of implementation ahead. This piece addresses how one civil society organization -- Disability Rights International (DRI) -- approached the negotiation process. Part I explains the strategic approach DRI adopted, highlighting its methodology, the guiding principles it embraced, and the resulting …
Educational Equality For Children With Disabilities: The 2016 Term Cases, 2017 University of Michigan Law School
Educational Equality For Children With Disabilities: The 2016 Term Cases, Samuel R. Bagenstos
Book Chapters
One of the most longstanding debates in educational policy pits the goal of equality against the goal of adequacy: Should we aim to guarantee that all children receive an equal education? Or simply that they all receive an adequate education? The debate is vexing in part because there are many ways to specify “equality” and “adequacy.” Are we talking about equality of inputs (which inputs?), equality of opportunity (to achieve what?), or equality of results (which results?)? Douglas Rae and his colleagues famously argued that there are no fewer than 108 structurally distinct conceptions of equality. And how do we …
Human Rights And Disability, 2017 University of Waterloo
Human Rights And Disability, Lowell Ewert
Biennial Conference: The Social Practice of Human Rights
In every context where racism, poverty, inequality, religious intolerance, or any other form of exploitation is present, persons with disabilities within the category experiencing discrimination are almost always worse off than their non-disabled peers. In this way, disability has the practical impact of magnifying discrimination and multiplying harmful practices. There is even evidence in some places that persons with disabilities have been deliberately targeted with violence. Additionally, sexual violence against disabled women and girls can be especially cruel.
Efforts to combat discriminatory practices that are primarily focused on addressing the concerns of the able-bodied often further exacerbate the general indifference …
Defining "Disability" Under The Maine Human Rights Act After Whitney V. Wal-Mart Stores, Inc., 2017 University of Maine School of Law
Defining "Disability" Under The Maine Human Rights Act After Whitney V. Wal-Mart Stores, Inc., Michael J. Anderson
Maine Law Review
In Whitney v. Wal-Mart Stores, Inc., the Maine Supreme Judicial Court, sitting as the Law Court, was asked to determine whether the Maine Human Rights Act (MHRA) requires plaintiffs alleging disability discrimination to show that their condition substantially limits one or more major life activities. In determining that the MHRA does not require such a showing, the court effectively established that the MHRA was intended to protect a much broader range of medical conditions than its federal counterparts, the Rehabilitation Act of 1973 (Rehabilitation Act) and the Americans with Disabilities Act of 1990 (ADA). In so doing, the Whitney court …
A Primer On Able Accounts, 2017 General Counsel, Virginia529
A Primer On Able Accounts, Christopher T. Mcgee, G. Alisa Ferguson
University of Richmond Law Review
No abstract provided.
Prisoners With Disabilities, 2017 University of Michigan Law School
Prisoners With Disabilities, Margo Schlanger
Book Chapters
A majority of American prisoners have at least one disability. So how jails and prisons deal with those prisoners’ needs is central to institutional safety and humaneness, and to reentry success or failure. In this chapter, I explain what current law requires of prison and jail officials, focusing on statutory and constitutional law mandating non-discrimination, accommodation, integration, and treatment. Jails and prisons have been very slow to learn the most general lesson of these strictures, which is that officials must individualize their assessment of and response to prisoners with disabilities. In addition, I look past current law to additional policies …
Post-Obit Ada Claims, 2017 University of South Dakota School of Law
The Americans With Disabilities Act, Section 504, And Church-Related Institutions, 2017 St. John's University School of Law
The Americans With Disabilities Act, Section 504, And Church-Related Institutions, John A. Liekweg
The Catholic Lawyer
No abstract provided.
Disabilities Discrimination Under The Americans With Disabilities Act, 2017 St. John's University School of Law
Disabilities Discrimination Under The Americans With Disabilities Act, Thomas P. Murphy
The Catholic Lawyer
No abstract provided.
Confabulation In Individuals With Disorders Of The Corpus Callosum: Educational Implications, 2017 Western Kentucky University
Confabulation In Individuals With Disorders Of The Corpus Callosum: Educational Implications, Cheryl Lynn Wright
Dissertations
Individuals with disorders of the corpus callosum (DCC) may have subtle cognitive differences. Historically, confabulation has been associated with DCC. Therapies to mitigate confabulation is a newly emerging field. This study explores the possible educational implications that those with DCC may experience with confabulation.
The community of people with DCC and the community of people who interact with individuals with DCC were surveyed to ascertain the prevalence of confabulation within the population of those with DCC. A subset of questions probed whether age and/or gender impact the rates of reported confabulation. The research paradigm included a section that covered the …
Table Of Contents, 2017 Marquette University Law School
Table Of Contents
Marquette Benefits and Social Welfare Law Review
No abstract provided.
An Intersectional Approach To Homelessness: Discrimination And Criminalization , 2017 Marquette University Law School
An Intersectional Approach To Homelessness: Discrimination And Criminalization
Marquette Benefits and Social Welfare Law Review
The purpose of this essay is to address discrimination against homeless people. First of all, the theory of intersectionality will be explained and then applied as a method of analysis. The complexity of defining homelessness will be tackled, focusing on the difficulties encountered when approaching this concept. I will discuss notions of protected ground and immutability of personal characteristics, then outline an intersectional approach to homelessness. Intersectional discrimination has not yet been applied by many courts and tribunals, but Canada has proven to be a vanguard in this area. For this reason, Canadian case law has been chosen as the …