Law Commons^™

The Limits Of Federal Disability Law: State Educational Voucher Programs, Wendy Hensel

Faculty Publications By Year

The U.S. Department of Justice is currently investigating the state of Wisconsin with respect to its administration of the Milwaukee Parental Choice Program (MPCP), which provides low-income students with public money to attend private schools. Faced with complaints of disability discrimination by private schools accepting voucher students, DOJ has ordered Wisconsin to oversee and police these schools to ensure compliance with Title II of the Americans with Disabilities Act, which applies to states and their agencies, and § 504 of the Rehabilitation Act, which applies to recipients of federal funding. Although conditioning its directive on the state's coverage under these …

The Impact Of Disability: A Comparative Approach To Medical Resource Allocation In Public Health Emergencies, Katie Hanschke, Leslie E. Wolf, Wendy F. Hensel

Faculty Publications By Year

It is a matter of time before the next widespread pandemic or natural disaster hits the United States (U.S.). The international response to the 2009 H1N1 influenza stands as a cautionary tale about how prepared the world is for such an emergency. Although the pandemic fortunately proved to be less severe than initially anticipated, it nevertheless resulted in shortages of medical equipment, overburdened hospitals, and preventable patient deaths, particularly among young people.

A pandemic will inevitably lead to difficult decisions about the allocation of medical resources, such as who will have priority access to ventilators and critical care beds when …

Vouchers For Students With Disabilities: The Future Of Special Education?, Wendy F. Hensel

Faculty Publications By Year

Many voices over the last decade have called for reform in special education in American public schools. As the number of those receiving services under the Individuals with Disabilities Education Act (“IDEA”) has grown, scholars and pundits have increasingly argued that the system not only is failing to meet the needs of many children with disabilities, but in some cases is actively causing harm to those it is intended to serve.

Over the last several years, an increasing number of state legislatures have proposed or have passed laws that give children with disabilities public money to attend a private school. …

Is It Cheating To Use Cheetahs?: The Implications Of Technologically Innovative Prostheses For Sports Values And Rules, Patricia J. Zettler

Faculty Publications By Year

This Article uses the case of Oscar Pistorius – the South African runner and amputee who competed with blade-like, lower-leg prostheses – to analyze how the International Association of Athletic Federations (IAAF), the world governing body of track and field, should regulate elite athletes’ use of innovative prostheses. The Article argues that the Court of Arbitration of Sport correctly decided that Pistorius should be permitted to compete in able-bodied competitions, but that the IAAF rule on which the decision was based failed to account for the full range of sports values implicated by the use innovative prostheses. The Article proposes …

A Call To Action For The Legal Academy, Wendy F. Hensel

Faculty Publications By Year

No abstract provided.

Actually, We Are Leaving Children Behind: How Changes To Title I Under The No Child Left Behind Act Have Helped Relieve Public Schools Of The Responsibility For Taking Care Of Disadvantaged Students' Needs, Emily F. Suski

Faculty Publications By Year

This article calls attention to the changes to Title I under NCLB that do a disservice to disadvantaged students. Under NCLB, Title I has shifted from its original focus on meeting the needs of disadvantaged students. These changes have removed almost any responsibility at all for taking care of the needs of disadvantaged students so they can learn in school, something this article terms ‘dynamic caretaking.’ It calls for revising Title I to require this kinds of dynamic caretaking in order to improve disadvantaged students’ access to education in public schools.

Introduction, Symposium On Developmental Disabilities And The Law, L. Lynn Hogue

Faculty Publications By Year

No abstract provided.