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Articles 1 - 30 of 145
Full-Text Articles in Law
Too Ill To Be Killed: Mental And Physical Competency To Be Executed Pursuant To The Death Penalty, Linda A. Malone
Too Ill To Be Killed: Mental And Physical Competency To Be Executed Pursuant To The Death Penalty, Linda A. Malone
Linda A. Malone
Mentally ill individuals are being housed in prisons and jails throughout the country. Due to decreased funding and overpopulation of correctional facilities, individuals with pre-existing illnesses, as well as others who develop illnesses, are in severe need of mental health services and punished for their ailments through the use of solitary confinement, long prison sentences, and lack of care. The stress created by such conditions is amplified for mentally ill prisoners who are awaiting execution or the dismissal of their death row sentences. These individuals must show that they are competent to stand trial, exhibit the mental state required for …
2014 Bill Of Rights Journal Symposium: Atkins On The Ground, Paul Marcus, Jeffrey Bellin, Caroline Everington, Marc Tassé, John H. Blume
2014 Bill Of Rights Journal Symposium: Atkins On The Ground, Paul Marcus, Jeffrey Bellin, Caroline Everington, Marc Tassé, John H. Blume
Jeffrey Bellin
Atkins v. Virginia A Dozen Years Later: A Report Card
In 2002 the United States Supreme Court overturned decades-long precedent, holding that the execution of defendants with intellectual and developmental disabilities violated the Eighth Amendment prohibition on cruel and unusual punishment.
This symposium discusses and evaluates the decision in Atkins v. Virginia, including its effects and application in practice, from both legal and psychological points of view.
2014 Bill Of Rights Journal Symposium: Atkins In Other Contexts, Adam M. Gershowitz, Paul Marcus, Christopher Slobogin, Scott Sundby
2014 Bill Of Rights Journal Symposium: Atkins In Other Contexts, Adam M. Gershowitz, Paul Marcus, Christopher Slobogin, Scott Sundby
Adam M. Gershowitz
Atkins v. Virginia A Dozen Years Later: A Report Card
In 2002 the United States Supreme Court overturned decades-long precedent, holding that the execution of defendants with intellectual and developmental disabilities violated the Eighth Amendment prohibition on cruel and unusual punishment.
This symposium discusses and evaluates the decision in Atkins v. Virginia, including its effects and application in practice, from both legal and psychological points of view.
A Primer On Disability Discrimination In Higher Education, Laura Rothstein
A Primer On Disability Discrimination In Higher Education, Laura Rothstein
Laura Rothstein
This article provides an overview of key issues and a focus on some of the most significant and important recent developments that should be given a high priority by university attorneys and higher education administrators and policymakers. It emphasizes the role that administrators responsible for facilitating or coordinating disability services on campus can play in ensuring that faculty members, staff members, and other administrators have the knowledge and tools to ensure access and also to avoid liability to the institution. Major changes in the Trump administration and Congress may signal changes that could affect disability discrimination issues on campus. These …
Selected Bibliography Relating To Law Students And Lawyers With Disabilities, Adeen Postar
Selected Bibliography Relating To Law Students And Lawyers With Disabilities, Adeen Postar
Adeen Postar
No abstract provided.
Law Students With Disabilities: Removing Barriers In The Law School Community, David M. Engel, Alfred S. Konefsky
Law Students With Disabilities: Removing Barriers In The Law School Community, David M. Engel, Alfred S. Konefsky
David M. Engel
No abstract provided.
Would The Ada Pass Today?: Disability Rights In An Age Of Partisan Polarization, Laura Rothstein
Would The Ada Pass Today?: Disability Rights In An Age Of Partisan Polarization, Laura Rothstein
Laura Rothstein
The Americans with Disabilities Act of 1990 (ADA) was the most significant civil rights legislation enacted since the Civil Rights Act of 1964. It provided comprehensive protection against discrimination for individuals with disabilities in employment, public accommodations, and public services. It built on § 504 of the Rehabilitation Act that provided these protections only to programs receiving federal financial assistance. It afforded broad access to those individuals who had benefitted from the 1975 Individuals with Disabilities Education Act. This complex and far-reaching legislation was made possible by a confluence of timing and the right people at the right place at …
Reflections On Disability Discrimination Policy—25 Years, Laura F. Rothstein
Reflections On Disability Discrimination Policy—25 Years, Laura F. Rothstein
Laura Rothstein
No abstract provided.
Genetic Discrimination: Why Bragdondoes Not Ensure Protection, Laura F. Rothstein
Genetic Discrimination: Why Bragdondoes Not Ensure Protection, Laura F. Rothstein
Laura Rothstein
No abstract provided.
Access Granted: The Winkelman Case Ushers In A New Era In Parental Advocacy, Laura Mcneal
Access Granted: The Winkelman Case Ushers In A New Era In Parental Advocacy, Laura Mcneal
Laura R. McNeal
No abstract provided.
Symposium Current Issues In Disability Rights Law, Samuel J. Levine
Symposium Current Issues In Disability Rights Law, Samuel J. Levine
Samuel J. Levine
No abstract provided.
Puppies, Ponies, Pigs And Parrots: Policies, Practices, And Procedures In Pubs, Pads, Planes And Professions: Where We Live, Work, And Play, And How We Get There: Animal Accommodations In Public Places, Housing, Employment, And Transportation, Laura Rothstein
Laura Rothstein
This is an expanded and updated version of an article published in 23 ANIMAL L.13 (2018). It examines how disability discrimination policy clarifies when animals may be allowed as accommodations in various settings. It provides basic statutory and regulatory framework for these settings, administrative agency guidance, and judicial interpretations of these requirements in various settings. Major settings where animals might be an accommodation are addressed separately, with particular focus on higher education institutions and health care settings.
Disability Law And Higher Education: A Road Map For Where We've Been And Where We May Be Heading, Laura Rothstein
Disability Law And Higher Education: A Road Map For Where We've Been And Where We May Be Heading, Laura Rothstein
Laura Rothstein
No abstract provided.
Research To Practice: Medicaid Involvement In Employment-Related Programs- Findings From The National Survey Of State Systems And Employment For People With Disabilities, Jennifer Sullivan Sulewski, Dana Scott Gilmore, Susan Foley
Research To Practice: Medicaid Involvement In Employment-Related Programs- Findings From The National Survey Of State Systems And Employment For People With Disabilities, Jennifer Sullivan Sulewski, Dana Scott Gilmore, Susan Foley
Jennifer Sulewski
This brief analyzes data from ICI's National Survey of State Systems and Employment for People with Disabilities regarding the priority Medicaid agencies place on employment and their involvement in recent policy initiatives.
Review Of The Fight For Fair Housing: Causes, Consequences And Future Implications Of The 1968 Federal Fair Housing Act, Tim Iglesias
Review Of The Fight For Fair Housing: Causes, Consequences And Future Implications Of The 1968 Federal Fair Housing Act, Tim Iglesias
Tim Iglesias
An Eye Toward Effective Enforcement: A Technical-Comparative Approach To The Drafting Negotiations, Tara J. Melish
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 …
Post-Obit Ada Claims, Thomas E. Simmons
The Rights Of Bar Examination Applicants With Disabilities In The United States, Edwin R. Hazen, Robert D. Dinerstein
The Rights Of Bar Examination Applicants With Disabilities In The United States, Edwin R. Hazen, Robert D. Dinerstein
Robert Dinerstein
No abstract provided.
Gendering Disability To Enable Disability Rights Law, Michelle Travis
Gendering Disability To Enable Disability Rights Law, Michelle Travis
Michelle A. Travis
Assisting Law Students With Disabilities In The 21st Century, David Jaffe
Assisting Law Students With Disabilities In The 21st Century, David Jaffe
David Jaffe
No abstract provided.
Fair Housing Modifications And Accommodations In The '90s, 29 J. Marshall L. Rev. 331 (1996), F. Caruso
Fair Housing Modifications And Accommodations In The '90s, 29 J. Marshall L. Rev. 331 (1996), F. Caruso
F. Willis Caruso
No abstract provided.
Inconsistency And Angst In District Court Resolution Of Social Security Disability Appeals, 67 Hastings Law Journal 367 (2016) (With S. Morris)., Harold J. Krent
Inconsistency And Angst In District Court Resolution Of Social Security Disability Appeals, 67 Hastings Law Journal 367 (2016) (With S. Morris)., Harold J. Krent
Harold J. Krent
No abstract provided.
Intersectionality Problems With Gendered Disability Discrimination, Thomas E. Simmons
Intersectionality Problems With Gendered Disability Discrimination, Thomas E. Simmons
Thomas E. Simmons
No abstract provided.
The Wrongheadedness Of The Poms Pooled Trust Rules And An Unfortunate But Recently Noted Chinese Parallel, Thomas E. Simmons
The Wrongheadedness Of The Poms Pooled Trust Rules And An Unfortunate But Recently Noted Chinese Parallel, Thomas E. Simmons
Thomas E. Simmons
Rape Of The Mentally Deficient: Satisfaction Of The Nonconsent Element, 15 J. Marshall L. Rev. 115 (1982), Susan Brody
Rape Of The Mentally Deficient: Satisfaction Of The Nonconsent Element, 15 J. Marshall L. Rev. 115 (1982), Susan Brody
Susan L. Brody
No abstract provided.
Compensating Extra Costs For Persons With Disabilities Through Economic Equality: The U.S. And Swedish Legal Approach In A Human Rights Perspective, James Gilson, Richard Sahlin
Compensating Extra Costs For Persons With Disabilities Through Economic Equality: The U.S. And Swedish Legal Approach In A Human Rights Perspective, James Gilson, Richard Sahlin
James A Gilson
Disabled persons can incur costs that are directly related to their disabilities, and which are often not publicly sponsored through health care insurance, such as Medicare and Medicaid in the U.S. or through targeted support and services administered through the Swedish central government, county councils and municipalities. For purposes of this article such un-covered and un-reimbursed expenses are referred to as “extra costs.” For example, a visually impaired person may pay extra costs for his or her guide dog such as dog food and veterinary care. A person with rheumatism may pay an extra cost for an alternative treatment such …
A Female Disease: The Unintentional Gendering Of Fibromyalgia Social Security Claims, Dara Purvis
A Female Disease: The Unintentional Gendering Of Fibromyalgia Social Security Claims, Dara Purvis
Dara Purvis
Social Security disability claims are not supposed to be decided based on the gender of the applicant. Reliance on the apparently neutral mechanism of clinical medical evidence, however, has a disproportionate impact on women bringing disability claims based on fibromyalgia. Recognizing and identifying disability has been delegated by Congress and the Social Security Administration almost entirely to physicians, based upon a misguided and mistaken belief that clinical medical evidence evaluated by a trained physician will answer with certainty whether an individual claimant is capable of working. Fibromyalgia, a diffuse syndrome characterized by excess pain that is overwhelmingly diagnosed in women …
The Impact Of Disability: A Comparative Approach To Medical Resource Allocation In Public Health Emergencies, Katie Hanschke, Leslie E. Wolf, Wendy F. Hensel
The Impact Of Disability: A Comparative Approach To Medical Resource Allocation In Public Health Emergencies, Katie Hanschke, Leslie E. Wolf, Wendy F. Hensel
Wendy F. Hensel
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 …
The Impact Of Disability: A Comparative Approach To Medical Resource Allocation In Public Health Emergencies, Katie Hanschke, Leslie E. Wolf, Wendy F. Hensel
The Impact Of Disability: A Comparative Approach To Medical Resource Allocation In Public Health Emergencies, Katie Hanschke, Leslie E. Wolf, Wendy F. Hensel
Leslie E. Wolf
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 …
Aids And Funeral Homes: Common Legal Issues Facing Funeral Directors, 27 J. Marshall L. Rev. 411 (1994), Mark E. Wojcik
Aids And Funeral Homes: Common Legal Issues Facing Funeral Directors, 27 J. Marshall L. Rev. 411 (1994), Mark E. Wojcik
Mark E. Wojcik
No abstract provided.