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Using Domestic Law To Move Toward A Recognition Of Universal Legal Capacity For Persons With Disabilities, Leslie Salzman
Using Domestic Law To Move Toward A Recognition Of Universal Legal Capacity For Persons With Disabilities, Leslie Salzman
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This symposium explores the meaning of personhood as it is or should be applied to persons with disabilities. This panel focuses on the concept of legal capacity-the ability to make decisions about one’s life, to exercise agency, and to have those decisions recognized by third parties. For my part, I would like to discuss how we might use domestic law—specifically the integration mandate of Title II of the Americans with Disabilities Act and substantive due process—to help us move toward a recognition of universal legal capacity regardless of disability and bring meaningful changes to domestic guardianship regimes. While Article 12 …
The Second Circuit And Social Justice, Matthew Diller, Alexander A. Reinert
The Second Circuit And Social Justice, Matthew Diller, Alexander A. Reinert
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The Second Circuit is renowned for its landmark rulings in fields such as white collar crime and securities law — bread and butter issues growing out of Wall Street’s preeminence in the financial landscape of the nation. At the same time, the Second Circuit has a long tradition of breaking new ground on issues of social justice. Unlike some circuit courts which have reputations in the area of social justice built around one or two fields, such as the Fifth Circuit’s pioneering role in civil rights litigation or the Ninth Circuit’s focus on immigration, there is no one area of …