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Saint Louis University School of Law

Disability

2021

Articles 1 - 3 of 3

Full-Text Articles in Law

Disability, Access, And Other Considerations: A Title Ii Framework For A Pandemic Crisis Response (Covid-19), George M. Powers, Lex Frieden, Vinh Nguyen Jan 2021

Disability, Access, And Other Considerations: A Title Ii Framework For A Pandemic Crisis Response (Covid-19), George M. Powers, Lex Frieden, Vinh Nguyen

Saint Louis University Journal of Health Law & Policy

This Article examines how plans for emergency medical rationing during the COVID-19 pandemic may discriminate against those with disabilities. More specifically, this Article lays out the obligation of state and local governments under Title II of the ADA in creating and enforcing equitable and fair rationing plans during this COVID-19 crisis. For example, ventilator shortages are a common occurrence. The ADA, similar to other civil rights laws, operates so that a person with a disability is not denied a ventilator or other resources because of his/her disability. One reason that a person with a disability may be denied limited medical …


Rights Not Fundamental: Disability And The Right To Marry, Gabriella Garbero Jan 2021

Rights Not Fundamental: Disability And The Right To Marry, Gabriella Garbero

Saint Louis University Journal of Health Law & Policy

Disabled people have long been systematically excluded from marriage, despite its personal, religious, cultural, and symbolic importance, and despite it being treated as a fundamental right in other contexts. This exclusion has been perpetuated by arcane laws that require Social Security and Medicaid beneficiaries to include their spouse’s income and assets in eligibility calculations. Since eligibility is contingent upon very little income and very few assets, couples who marry and intend to keep benefits are forced to live far below the poverty line in order to meet income and asset criteria, and many people are unable to make such a …


Editor, Ethical Challenges In Discharge Planning: Stories From Patients, Elizabeth Pendo Jan 2021

Editor, Ethical Challenges In Discharge Planning: Stories From Patients, Elizabeth Pendo

All Faculty Scholarship

This symposium includes twelve personal narratives from patients and their caregivers who have navigated challenges in planning for discharge from the hospital and transition to care at home, a rehabilitation facility, long-term care facility, or hospice. Three commentaries on these narratives are also included, authored by experts and scholars in the fields of medicine, bioethics, and health policy with particular interest in vulnerable populations. The goal of this symposium is to call attention to the experiences of patients during transitions in care and to enrich discussions of ethical issues in discharge planning.