Law Commons^™

Tools For Inclusion: From Stress To Success: Making Social Security Work For Your Young Adult, Danielle Dreilinger, Jaimie Ciulla Timmons

Tools for Inclusion Series, Institute for Community Inclusion

How does receiving Social Security affect families as their children move into adulthood? This brief shares families' experiences and suggests ways that families can manage SSI and use it to help a young adult prepare for their career.

Institute Brief: Developing Interagency Agreements: Four Questions To Consider, John Butterworth, Susan Foley, Deborah Metzel

The Institute Brief Series, Institute for Community Inclusion

Recent legislation emphasizes collaboration between state agencies. A good interagency agreement is one tool that can assist collaboration and promote systems change. Researchers offer four important considerations for an effective agreement and a worksheet for agency personnel.

Disability, Equal Protection, And The Supreme Court: Standing At The Crossroads Of Progressive And Retrogressive Logic In Constitutional Classification, Anita Silvers, Michael Ashley Stein

Faculty Publications

This Article compares current disability jurisprudence with the development of sex equality jurisprudence in the area of discrimination. It demonstrates that current disability law resembles the abandoned, sexist framework for determining sex equality and argues that disability equality cases should receive similar analysis as the more progressive, current sex equality standard. As such, the Article attempts to synthesize case law (l4th Amendment Equal Protection jurisprudence) and statutory law (Title VII and the ADA) into a comprehensive overview of the state of current disability law viewed within the context of discrimination law in general.

Research To Practice: The Extent Of Consumer-Directed Funding By Mr/Dd State Agencies In Day And Employment Services, Deborah Metzel

Research to Practice Series, Institute for Community Inclusion

Individual control over service delivery and life choices is well established as a value in supports for individuals with developmental disabilities. One strategy for expanding choice is mechanisms that allow consumers to direct their funding. This brief reports on the prevalence of these options in state MR/DD agencies for 1999.

Quality Of Life As Defined By Chinese Americans With Disabilities: Implications For Rehabilitation Services, Nan Zhang Hampton, Vickie Chang

Institute for Asian American Studies Publications

We hypothesized that Chinese Americans with disabilities may remain culturally attached to their ancestors' homeland and this cultural attachment may have influences on the concept of Quality of Life (QOL). That is, QOL may be perceived, by Chinese Americans with disabilities, not only as an individual's satisfaction with his or her life, but also the person's fulfillment of his or her responsibilities to his or her family and community. Of course, this hypothesis needs to be examined. Such an investigation may provide rehabilitation counselors with insights into the meaning of QOL from the viewpoint of Chinese Americans with disabilities. It …

Research To Practice: Postsecondary Education As A Critical Step Toward Meaningful Employment: Vocational Rehabilitation's Role, Dana Scott Gilmore, Jennifer Bose, Debra Hart

Research to Practice Series, Institute for Community Inclusion

Research shows that access to postsecondary education makes an enormous difference in the employability of people with disabilities. This brief focuses on the rehabilitation outcomes of people who received education supports from Vocational Rehabilitation agencies.

Research To Practice: National Day And Employment Service Trends In Mr/Dd Agencies, Danielle Dreilinger, Dana Scott Gilmore, John Butterworth

Research to Practice Series, Institute for Community Inclusion

To what extent have changes in philosophy translated into changes for state agencies and the people they serve? This brief analyzes MR/DD agencies' day and employment service trends from 1988 to 1999 and discusses relevant trends in policy and legislation.

Research To Practice: Effective Customer Service Delivery In Employment Support: Finding A Common Ground Between Guided And Self-Directed Service Delivery, Institute For Community Inclusion, University Of Massachusetts Boston

Research to Practice Series, Institute for Community Inclusion

An ICI study analyzed the experiences of individuals who successfully found jobs through agencies and discovered five characteristics of effective employment services. This brief describes guided and self-directed approaches and provides recommendations for agency staff.

War, Society, And Disability: Some Thoughts On Applying Under-Utilized Methodologies, Michael Ashley Stein

Faculty Publications

No abstract provided.

Something Borrowed, Something Blue: Why Disability Law Claims Are Different, S. Elizabeth Malloy

Faculty Articles and Other Publications

Described as one of the century's most significant pieces of civil rights legislation, the Americans with Disabilities Act of 1990' has been widely hailed as establishing a new foundation for disability policy Senator Harkin, the primary sponsor of the law, called it "the 20th century Emancipation Proclamation for all persons with disabilities." President Bush predicted that the Act would "open up all aspects of American life to individuals with disabilities" and end the "unjustified segregation and exclusion of persons with disabilities from the mainstream of American life."

Congress enacted the ADA to ensure "equality of opportunity, full participation, independent living …

Litigating Age And Disability Claims Against State And Local Government Employers In The New "Federalism" Era, Ivan E. Bodensteiner, Rosalie Levinson

Law Faculty Publications

No abstract provided.

Character Of The Questions And The Fitness Of The Process: Mental Health, Bar Admissions And The Americans With Disbilities Act, Jon Bauer

Faculty Articles and Papers

During the decade since the Americans With Disabilities Act went into effect, mental health inquiries by bar examining committees have engendered intense controversy. Courts have reached no clear consensus as to what, if any, questions about mental illness or substance abuse may be posed by licensing agencies. The trend has been towards a form of relaxed scrutiny that authorizes inquiries as long as they are focused on serious conditions that may interfere with practice, and are reasonably tailored in scope and time. This article examines the implications of allowing disability inquiries in the lawyer licensing process. The Article begins with …

The Employment Law Decisions Of The October 2000 Term Of The Supreme Court: A Review And Analysis, Ann C. Hodges, Douglas D. Scherer

Scholarly Works

During the October 2000 Term, the Supreme Court delivered major setbacks for employees in Circuit City Stores, Inc. v. Adams,' which upheld mandatory and binding arbitration of federal and state employment discrimination claims through arbitration clauses forced upon employees as a condition of employment, and in Board of Trustees of the University of Alabama v. Garrett, which shielded state employers from federal court law suits brought under the Americans with Disabilities Act by victims of disability discrimination in employment. Employees escaped harm in Pollard v. E.I du Pont de Nemours & Co., in which the Court followed nearly unanimous circuit …

Re-Interpreting The Effect Of Rights: Career Narratives And The Americans With Disabilities Act, David Engel, Frank W. Munger

Articles & Chapters

This article examines how the employment rights guaranteed by the Americans

with Disabilities Act (ADA) affect the careers of individuals with disabilities. The

article draws on in-depth interviews with sixty adults who provided extended life

story narratives, describing early family and educational experiences and later

experiences with employment. Their detailed accounts offer insights into the

sometimes subtle role rights play in peoples lives and careers. Relatively few

rights violations actually lead to explicit or formal invocations of the law. The

effect of the ADA on careers can be profound but is primarily indirect or

symbolic. Moreover, other factors affect the …

Re-Interpreting The Effect Of Rights: Career Narratives And The Americans With Disabilities Act, David M. Engel, Frank W. Munger

Journal Articles

No abstract provided.

The Durable Power Of Attorney's Place In The Family Of Fiduciary Relationships, Karen E. Boxx

Articles

The durable power of attorney is a deceptively simple document that allows one person to handle the affairs of an incapacitated person without court supervision. It is merely an agency relationship, established by a written document, that continues during the principal's incapacity. The durable power of attorney has been in widespread use only for about twenty-five years. It is very easy to draft, and its use escapes most court proceedings or even much need for legal assistance.

The durable power of attorney has therefore kept a low profile until now, and any attention it is now receiving focuses primarily on …

Forward To Fundamental Alteration: Addressing Ada Title Ii Integration Lawsuits After Olmstead V. L. C, Steve Calandrillo, Jefferson D.E. Smith

Articles

In 1999, the Supreme Court reviewed the case of Olmstead v. L.C. by Zimring, which has been called the Brown v. Board of Education for the law of disability discrimination. The Court ultimately agreed with the Department of Justice ("DOJ") and held that the Americans with Disabilities Act ("ADA"), along with its supplementary Integration Regulation, requires a State that offers treatment to persons with disabilities to provide such treatment in a community setting where such a placement would not be an unreasonable change or a fundamental alteration in the State's program. Advocates of community care have long argued that such …

Poverty, Welfare Reform, And The Meaning Of Disability, Jennifer Pokempner, Dorothy E. Roberts

All Faculty Scholarship

No abstract provided.

Accommodating The Learning Disabled Student On Campus, Oren R. Griffin

Articles, Chapters in Books and Other Contributions to Scholarly Works

Each year nearly 19 million persons matriculate at American colleges and universities as undergraduate or graduate students. A substantial segment of these students are disabled. For disabled students matriculating through American higher education institutions, a tremendous battle is being waged as to the educational experience afforded those students with learning disabilities." Lawyers, educators and students are embroiled in a complex tug-of war that will have a lasting impact on higher education. This article examines some of the legal issues that will undoubtedly challenge those seeking to strike a balance between hard-line advocates for disabled students and educational professionals required to …

Thou Shalt Not Put A Stumbling Block Before The Blind": The Americans With Disabilities Act And Public Transit For The Disabled, Michael Lewyn

Scholarly Works

The Americans with Disabilities Act (ADA), ordered local governments to make bus and train systems more accessible to the disabled, and imposed costly requirements upon local public transit systems - but did not give local governments funds with which to satisfy this mandate. By reducing the funds available to transit systems, the ADA has sometimes forced cutbacks in transit service for everyone including, ironically, the disabled to the extent that disabled people were able to use public transit before the ADA's enactment). Thus, the ADA has occasionally (at least in times of budgetary austerity) been counterproductive. The ADA's inadequacy is …