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Civil Rights and Discrimination

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2017

Americans with Disabilities Act of 1990 (ADA)

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Using Domestic Law To Move Toward A Recognition Of Universal Legal Capacity For Persons With Disabilities, Leslie Salzman Jan 2017

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 …