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Using Domestic Law To Move Toward A Recognition Of Universal Legal Capacity For Persons With Disabilities, Leslie Salzman
Using Domestic Law To Move Toward A Recognition Of Universal Legal Capacity For Persons With Disabilities, Leslie Salzman
Articles
This symposium explores the meaning of personhood as it is or should be applied to persons with disabilities. This panel focuses on the concept of legal capacity-the ability to make decisions about one’s life, to exercise agency, and to have those decisions recognized by third parties. For my part, I would like to discuss how we might use domestic law—specifically the integration mandate of Title II of the Americans with Disabilities Act and substantive due process—to help us move toward a recognition of universal legal capacity regardless of disability and bring meaningful changes to domestic guardianship regimes. While Article 12 …
Community Integration Of People With Disabilities: Can Olmstead Protect Against Retrenchment?, Mary Crossley
Community Integration Of People With Disabilities: Can Olmstead Protect Against Retrenchment?, Mary Crossley
Articles
Since the passage of the Americans with Disabilities Act (ADA) in 1990, states have made significant progress in enabling Americans with disabilities to live in their communities, rather than institutions. That progress reflects the combined effect of the Supreme Court’s holding in Olmstead v. L.C. ex rel. Zimring, that states’ failure to provide services to disabled persons in the community may violate the ADA, and amendments to Medicaid that permit states to devote funding to home and community-based services (HCBS). This article considers whether Olmstead and its progeny could act as a check on a potential retrenchment of states’ …