Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Board of Trustees of the University of Alabama v. Garrett; Americans with Disabilities Act; state employees and ex parte Young; Title I of the ADA and local governments; Consonance based congruence and proportionality; disability discrimination made illegitimate for equal protection purposes by the ADA as Commerce Clause legislation (1)
- History of Arkansas guardianship policy; alternatives to guardianship; supported decision-making; universal recognition of capacity; promoting self-reliance and independence for people with varying support needs; prevention of unnecessary guardianships (1)
Articles 1 - 2 of 2
Full-Text Articles in Law
Four Pathways Of Undermining Board Of Trustees Of The University Of Alabama V. Garrett, Derek Warden
Four Pathways Of Undermining Board Of Trustees Of The University Of Alabama V. Garrett, Derek Warden
University of Arkansas at Little Rock Law Review
In Board of Trustees of the University of Alabama v. Garrett, the Supreme Court held that Title I of the ADA did not validly abrogate state sovereign immunity; and as such, a plaintiff could not obtain damages against the states or sue the states directly for injunctive relief. Many courts and scholars have read Garrett as sounding the death knell for ADA Title I government employee plaintiffs. This article shows that such fears are misplaced. Indeed, this article offers four pathways around Garrett that show Title I and its requirements are very much alive and well. First, the article shows …
Probate Law—A New Guardian Angle: A Proposed Change To Arkansas’S Public Policy On Guardianship For Individuals With Intellectual Disabilities, Gabrielle Davis-Jones
Probate Law—A New Guardian Angle: A Proposed Change To Arkansas’S Public Policy On Guardianship For Individuals With Intellectual Disabilities, Gabrielle Davis-Jones
University of Arkansas at Little Rock Law Review
No abstract provided.