Critical Pathways To Disability Decarceration: Reading Liat Ben-Moshe And Linda Steele, 2023 Dalhousie University Schulich School of Law
Critical Pathways To Disability Decarceration: Reading Liat Ben-Moshe And Linda Steele, Sheila Wildeman
Articles, Book Chapters, & Popular Press
I consider how Liat Ben-Moshe’s Decarcerating Disability and Linda Steele’s Disability, Criminal Justice and Law: Reconsidering Court Diversion contribute to emerging conversations between critical disability studies and anti-carceral studies, and between disability deinstitutionalization and prison abolitionism. I ask: what if any role might law, or specifically rights-based litigation, play in resisting carceral state strategies and redirecting material and conceptual resources toward supports for diverse forms of flourishing? I centre my remarks on the special relevance of Ben-Moshe’s and Steele’s books to social movement activism in Atlantic Canada and critical reappraisal of Canada’s solitary confinement litigation.
Reasonable Accommodation Requests: Fair Evaluation And The Role Of Decision Makers, 2023 Pepperdine University
Reasonable Accommodation Requests: Fair Evaluation And The Role Of Decision Makers, Mona Hawkins
Theses and Dissertations
The purpose of this qualitative study was to examine fair evaluations and the role of the decision-makers in the reasonable accommodation process. In many instances, fair evaluations in the reasonable accommodation process which disabled employees experienced, were challenging and looked upon as perceived discrimination in decision-making process. A review of the literature identified further clarification and insight into educating decision-makers about the disability laws, and then altering their behavior in granting reasonable accommodations. The literature progressed with discussions surrounding why every qualified disabled employee should be accommodated as long as the reasonable accommodation is not an undue hardship to the …
Supported Decision-Making And Merciful Health Care Access: Respecting Autonomy At End Of Life For Individuals With Cognitive Disabilities, 2023 Washington and Lee University School of Law
Supported Decision-Making And Merciful Health Care Access: Respecting Autonomy At End Of Life For Individuals With Cognitive Disabilities, Brenna M. Rosen
Washington and Lee Law Review
Supported decision-making is a relatively new, powerful, and quickly developing alternative to restrictive guardianships and other draconian surrogate decision-making arrangements for individuals with cognitive disabilities. Its power lies specifically in the protection and affirmation of their autonomy, allowing these individuals to remain central in the planning of their lives and affairs. Despite supported decision-making’s theoretical promise, it is often unclear whether and how the model interacts with other legislation presiding over how one may make crucial life choices, such as those at end of life.
This Note attempts to bridge the gap by analyzing how supported decision-making may be a …
Comment: The Project Of Freedom, 2023 St. Mary’s University School of Law
Comment: The Project Of Freedom, Alexandra L. Klein
Washington and Lee Law Review
A person’s status may change over time and people should have the right to maximize their autonomy and learn and grow from their experiences. Legal structures must encourage autonomy and growth, rather than producing a static environment that prevents people from challenging external controls imposed upon their lives. Law can create legal structures that sustain an individual’s right to live according to their values. As Ms. Rosen writes, “[i]f an individual is capable of valuing, the wishes stemming from those values should dictate how the individual ought to be treated.” By protecting those values, Ms. Rosen’s Note advises us how …
Comment: Further Consideration On The Relationship Between The Americans With Disabilities Act, Supported Decision-Making, And Medical Aid In Dying, 2023 Compassion and Choices
Comment: Further Consideration On The Relationship Between The Americans With Disabilities Act, Supported Decision-Making, And Medical Aid In Dying, Amitai Heller
Washington and Lee Law Review
As Ms. Rosen’s Note explains in further detail, the use of supported decision-making creates an opportunity for persons with cognitive impairments to participate more fully in their end-of-life care. While this Comment focuses on the legal requirement for healthcare providers to serve people with cognitive impairments at the end of life, the tenets of patient autonomy, self-determination, and the dignity of risk must be integrated into end-of-life practice to provide guidance where legal requirements are absent or ambiguous. The use of the supported decision-making model in end-of-life care will only succeed when healthcare providers participate in an open-minded manner. It …
Britney’S Prerogative: A Critical, Constitutional View Of Conservatorships, 2023 University of Oklahoma College of Law
Britney’S Prerogative: A Critical, Constitutional View Of Conservatorships, Devraat Awasthi
Oklahoma Law Review
No abstract provided.
Affirmatively Furthering Health Equity, 2023 University of Pittsburgh School of Law
Affirmatively Furthering Health Equity, Mary Crossley
Articles
Pervasive health disparities in the United States undermine both public health and social cohesion. Because of the enormity of the health care sector, government action, standing alone, is limited in its power to remedy health disparities. This Article proposes a novel approach to distributing responsibility for promoting health equity broadly among public and private actors in the health care sector. Specifically, it recommends that the Department of Health and Human Services issue guidance articulating an obligation on the part of all recipients of federal health care funding to act affirmatively to advance health equity. The Fair Housing Act’s requirement that …
Investment Bankers And Inclusive Corporate Leadership, 2023 Seattle University School of Law
Investment Bankers And Inclusive Corporate Leadership, Afra Afsharipour
Seattle University Law Review
Few major deals happen without the engagement and advice of investment bankers. Whether a company is undertaking an initial public offering or engaging in a large merger or acquisition deal, investment bankers play a central role in advising corporate executives. Successful investment bankers are devoted to cultivating relationships with executives. And these relationships place bankers in a position to earn tens of millions in fees for their advisory and service roles in connection with corporate dealmaking. Investment bankers’ constant endeavors to nurture relationships with executives, while also maximizing their own ability to enhance fees, commonly leads to allegations of double-dealing, …
Woke Capital Revisited, 2023 Seattle University School of Law
Woke Capital Revisited, Jennifer S. Fan
Seattle University Law Review
Inclusive corporate leadership is now at the forefront of discussions related to corporate governance. Two corporate theories help to explain the rise in prominence of diversity, equity, and inclusion (“DEI”) efforts in corporate leadership. First, an expanded definition of corporate purpose which elevated the idea of the importance of stakeholders, contributed to the momentum from business and legal quarters for broader corporate inclusion. Second, the increasing publicness of corporations—the social expectation of how large, typically public corporations should act given their position of power—also led to corporations becoming more active in the DEI space. It is against this backdrop that …
The World Moved On Without Me: Redefining Contraband In A Technology-Driven World For Youth Detained In Washington State, 2023 Seattle University School of Law
The World Moved On Without Me: Redefining Contraband In A Technology-Driven World For Youth Detained In Washington State, Stephanie A. Lowry
Seattle University Law Review
If you ask a teenager in the United States to show you one of their favorite memories, they will likely show you a picture or video on their cell phone. This is because Americans, especially teenagers, love cell phones. Ninety-seven percent of all Americans own a cell phone according to a continuously updated survey by the Pew Research Center. For teenagers aged thirteen to seventeen, the number is roughly 95%. For eighteen to twenty-nine-year-olds, the number grows to 100%. On average, eight to twelve-year-old’s use roughly five and a half hours of screen media per day, in comparison to thirteen …
Police Officers' Perceptions Regarding Their Interactions With The Disabled In Kankakee County, 2023 Olivet Nazarene University
Police Officers' Perceptions Regarding Their Interactions With The Disabled In Kankakee County, Jilliann English
Honors Program Projects
Background: Previous research shows the rate of crime against people with disabilities is significantly higher than the general population. Despite this, gaps in the training and resources for officers to assist those with disabilities may exist. Eadens et al. (2008) explored this issue by evaluating officer attitudes towards intellectual disabilities. Kankakee County has a significant disabled population, and Illinois is ranked very low in the improvement of related policies, making this a valuable area of interest.
Methods: This study utilized the modified version of the Social Distance Questionnaire (SDQ) used by Eadens et al. (2008), which is both qualitative and …
Fiscal Contract And The Canada Disability Benefit: Lessons From Income Tax Law, 2023 Osgoode Hall Law School of York University
Fiscal Contract And The Canada Disability Benefit: Lessons From Income Tax Law, Jinyan Li
All Papers
This paper adopts a fiscal contract approach to examining the design of the Canada Disability Benefit and advocates using the CCB as a design model. It argues that a fiscal contract underlies the Income Tax Act which collects taxes as well as spends public money on poverty-reduction programs. In a tax state, the government’s spending is tied to taxing. The current fiscal contract reflects key Canadian values, such as equity and fairness, ability to pay, work, family and the rule of law. The CCB, which is implemented through the Income Tax Act, is a superior design model to the Guaranteed …
Legislated Ableism: Bill C-7 And The Rapid Expansion Of Maid In Canada, 2023 Allard School of Law at the University of British Columbia
Legislated Ableism: Bill C-7 And The Rapid Expansion Of Maid In Canada, Isabel Grant
All Faculty Publications
This paper explores the recent expansion of medical assistance in dying to disabled people who are suffering intolerably but are not at the end of their lives. The paper argues that it is impossible to separate suffering caused by an irremediable disability and suffering caused by the impacts of systemic ableism, which include high rates of poverty, social isolation and exclusion for people with disabilities. The paper suggests that this expansion raises constitutional issues under s. 15 and s. 7 of the Charter because it is premised on a view that portrays disability as potentially worse than death and thus …
Opportunities For Transformation: Equity, Diversity, And Inclusion Across The Developmental Disabilities Network, 2023 University of Arizona
Opportunities For Transformation: Equity, Diversity, And Inclusion Across The Developmental Disabilities Network, Lydia Ocasio-Stoutenburg, Jacy Farkas
Developmental Disabilities Network Journal
No abstract provided.
Disabling Lawyering: Buck V. Bell And The Road To A More Inclusive Legal Practice, 2023 University of Michigan Law School
Disabling Lawyering: Buck V. Bell And The Road To A More Inclusive Legal Practice, Jacob Izak Abudaram
Michigan Law Review
A Review of Demystifying Disability: What to Know, What to Say, and How to Be and Ally. By Emily Ladau and Three Generations, No Imbeciles: Eugenics, the Supreme Court, and Buck v. Bell By Paul A. Lombardo.
Deinstitutionalization, Disease, And The Hcbs Crisis, 2023 University of Michigan Law School
Deinstitutionalization, Disease, And The Hcbs Crisis, Jacob Abudaram
Michigan Law Review
Primarily funded by Medicaid, home- and community-based services (HCBS) allow disabled people and seniors to receive vital health and personal services in their own homes and communities rather than in institutions like nursing homes and other congregant care facilities. The HCBS system is facing a growing crisis of care nationwide; more than 600,000 people are waitlisted for services, thousands of direct care workers are leaving the industry, and states are not committed to deinstitutionalization. The COVID-19 pandemic has highlighted and exacerbated these problems, as people in institutional settings face infection and death at far higher rates than those housed outside …
From Healthcare To Hiring: Impacts Of Social And Public Policy On Disabled Veterans In The United States, 2022 Cleveland State University
From Healthcare To Hiring: Impacts Of Social And Public Policy On Disabled Veterans In The United States, Benjamin Michael Stoflet
Journal of Law and Health
Part I of this paper considers the historical foundations, motivations, and evolution of veterans’ disability and employment legislation in the United States. Utilizing disability and employment as its framework, Part II then defines, describes, and critiques contemporary policies for disabled veterans in the areas of federal employment protections and uses of Alternative Dispute Resolution (ADR) within the VA’s disability decision review process. Part III discusses the roles played by disabled veterans and the federal government in policy reform, finding that both sides act as catalysts and barriers to legislative change. This paper concludes in Part IV, recommending legislation that integrates …
Accommodating Victims With Mental Disabilities, 2022 Drake University Law School
Accommodating Victims With Mental Disabilities, Danielle Shelton
Dickinson Law Review (2017-Present)
The #MeToo movement has brought the voices of victims of sexual assault into the public’s eye and, in turn, into the legal system. As its name suggests, the movement’s strength lies in numbers—it is, after all, hard to ignore the collective voices of a group of considerable size and visibility. This Article argues that another group of victims—namely, victims who have mental disabilities— also are desperately in need of their own movement to raise public awareness and bring about reform. However, because of their cognitive and communication impairments, this group of victims is unlikely to effectuate reform itself. Instead, these …
A Call To Abolish Determinate-Plus Sentencing In Washington, 2022 University of Washington School of Law
A Call To Abolish Determinate-Plus Sentencing In Washington, Rachel Stenberg
Washington Law Review
For certain incarcerated individuals who commit sex offenses, Washington State’s determinate-plus sentencing structure requires a showing of rehabilitation before release. This highly subjective “releasability” determination occurs after an individual has already served a standard sentence. A review of recent releasability determinations reveals sentences are often extended on arbitrary and inconsistent grounds—especially for individuals who face systemic challenges in prison due to their identity or condition. This Comment shows that the criteria to determine whether individuals are releasable is an incomplete picture of their actual experience in the carceral setting, using the distinct example of incarcerated individuals with mental illness. While …
Committed To Commitment: The Problem With Washington State’S Involuntary Treatment Act, 2022 University of Washington School of Law
Committed To Commitment: The Problem With Washington State’S Involuntary Treatment Act, Hannah Garland
Washington Law Review
Washington State utilizes the Involuntary Treatment Act (ITA) to civilly commit individuals experiencing behavioral health crises. Although civil commitment involves stripping away fundamental rights, it receives less attention than criminal incarceration. The ITA is meant to protect not just the general community, but also the rights of people with behavioral health disorders who utilize the ITA system. Yet, its implementation tells a different story. Individuals in King County are detained and committed repeatedly, without receiving consistent care. Furthermore, the ITA disproportionately impacts unhoused individuals and Black individuals. As the ITA continues to grow both in utilization and expense, other community-based …