Law Commons^™

The Air Carrier Access Act: It Is Time For An Overhaul, Stuart A. Hindman

Student Articles and Papers

The Air Carrier Access Act (ACAA) is one of a number of federal laws that are designed to ensure the fair treatment of disabled individuals. However, the ACAA specifically applies only to those who take to the “friendly skies” and embark on one of the nation’s most sophisticated means of moving people, flight. The ACAA was enacted to overturn the U.S. Supreme Court’s decision in Paralyzed Veterans v. DOT, which held that the protections of Section 504 of the Rehabilitation Act did not apply to airlines.

It is the thesis of this article that, while the ACAA is a well-intended …

Criminal Alternative Dispute Resolution: Restoring Justice, Respecting Responsibility, And Renewing Public Norms, Maggie T. Grace

Student Articles and Papers

This Article explores theoretical concerns underlying contemporary appeals to Alternative Dispute Resolution ("ADR") in the criminal justice system. Analyzing literature on free will and responsibility and leading work on transitional justice, I argue that a restorative justice approach to criminal ADR better accommodates the realities of social conditions that correlate with criminality while respecting deeply-held concepts of responsibility. I further argue that this approach provides a useful response to critics, such as Owen Fiss, who argue that ADR privatizes disputes, thereby failing to produce and reinforce essential public norms.