Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Mercer University School of Law

Mercer Law Review

Disability Law

2007

Articles 1 - 2 of 2

Full-Text Articles in Law

Olmstead V. L.C.-Deinstitutionalization And Community Integration: An Awakening Of The Nation's Conscience?, Samantha A. Dipolito Jul 2007

Olmstead V. L.C.-Deinstitutionalization And Community Integration: An Awakening Of The Nation's Conscience?, Samantha A. Dipolito

Mercer Law Review

Olmstead v. L.C. is a landmark case that originated in Georgia and has been lauded as the Brown v. Board of Education for the law of disability discrimination. In June 1999 the United States Supreme Court decided Olmstead v. L.C., holding that it is a violation of the Americans with Disabilities Act ("ADA") for states to discriminate against people with disabilities by confining them to institutions when such individuals could live more appropriately in a community-based setting. Yet, nearly eight years after the Olmstead decision and fourteen years after the passage of the ADA, progress in implementing the …


Involuntary Commitment Of People With Mental Retardation: Ensuring All Of Georgia's Citizens Receive Adequate Procedural Due Process, Laura W. Harper Mar 2007

Involuntary Commitment Of People With Mental Retardation: Ensuring All Of Georgia's Citizens Receive Adequate Procedural Due Process, Laura W. Harper

Mercer Law Review

In the state of Georgia there are approximately three thousand citizens who are confined to segregated living institutions because of their disabilities. Many of these individuals are placed in institutions involuntarily through legal proceedings. Some of these individuals have mental retardation, a condition that occurs during a person's development and results in below normal intellectual functioning. Many disability advocates argue that segregation and institutionalization of people with mental retardation is not needed, although all do not agree. Despite strong advocacy for the rights of people with disabilities, many continue to be institutionalized, often because their families can find no other …