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Series

Disability Law

2016

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Articles 1 - 30 of 48

Full-Text Articles in Law

Work And Community Engagement: Shifting Services And Supports To Help Individuals Have The Lives They Want, Cindy Thomas, Amie Lulinski, Jennifer Sulewski, Erin Leviton, Thinkwork! At The Institute For Community Inclusion At Umass Boston Dec 2016

Work And Community Engagement: Shifting Services And Supports To Help Individuals Have The Lives They Want, Cindy Thomas, Amie Lulinski, Jennifer Sulewski, Erin Leviton, Thinkwork! At The Institute For Community Inclusion At Umass Boston

All Institute for Community Inclusion Publications

Significant change is underway to insure that services maximize opportunities for full engagement in the community. This session includes two projects, the RRTC on Advancing Employment for Individual with IDD and the Community Life Engagement Project and panelists from MA and DC to discuss the implications of research findings on service transformation and the integration of work and non-work supports to support individuals to have full and productive lives.


'New Conversations About Integrated Employment' Webinars Shine A Fresh Light On Issues In Our Field, Melanie Jordan, Allison Cohen Hall, Thinkwork! At The Institute For Community Inclusion At Umass Boston Dec 2016

'New Conversations About Integrated Employment' Webinars Shine A Fresh Light On Issues In Our Field, Melanie Jordan, Allison Cohen Hall, Thinkwork! At The Institute For Community Inclusion At Umass Boston

All Institute for Community Inclusion Publications

This poster session highlights creative thinking about employment supports. The RRTC on Advancing Employment for Individuals with IDD has launched an interactive and dynamic webinar series with a twist ? to expose participants to new ideas, provoke reactions, and inspire them to think differently about such topics as Employment Professionals as Leaders for Change; the Real Meaning of Informed Choice; and Reframing the Benefits Conversation Around Financial Well-Being.


Provider Transformation And Integrated Employment, Jaimie Ciulla Timmons, Allison Hall, Tom Heinz Nov 2016

Provider Transformation And Integrated Employment, Jaimie Ciulla Timmons, Allison Hall, Tom Heinz

All Institute for Community Inclusion Publications

No abstract provided.


Engaging Individuals And Families In Conversations Around Employment, John Kramer, Amie Lulinski, Thinkwork! At The Institute For Community Inclusion At Umass Boston Oct 2016

Engaging Individuals And Families In Conversations Around Employment, John Kramer, Amie Lulinski, Thinkwork! At The Institute For Community Inclusion At Umass Boston

All Institute for Community Inclusion Publications

Family engagement is key to successful employment and life planning, with parents and siblings often leading their family members with disabilities on the path to employment through their own role modeling and encouragement. Despite what literature says about the true importance of family engagement, many parents lack the knowledge needed to meaningfully participate in employment planning. One critical gap is thinking about financial well-being for their family member with a disability. This session will provide an overview of themes and strategies identified through research on engaging individuals and families in employment planning, followed by a discussion on key gaps around …


Perspectives On The Meaning Of "Disability", Leslie Francis, Anita Silvers Oct 2016

Perspectives On The Meaning Of "Disability", Leslie Francis, Anita Silvers

Utah Law Faculty Scholarship

The meaning of “disability” has shifted with changes in public policy. Half a century ago, Congress was convinced that narrow determinations of disability are easy for physicians to make. But with the advent of universal civil rights protection against disability discrimination in the US, deciding whether particular individuals are disabled became increasingly contentious, until Congress intervened. What should now be addressed in each case is not whether the functionally compromised person is severely disabled enough to exercise a right, but whether mitigating interventions and reasonable accommodations can together achieve equitable access for that person.


Technical Standards And Lawsuits Involving Accommodations For Health Professions Students, Samuel R. Bagenstos Oct 2016

Technical Standards And Lawsuits Involving Accommodations For Health Professions Students, Samuel R. Bagenstos

Articles

This article will discuss the legal obligations of medical schools to accommodate applicants and students with disabilities. The article begins by describing the problem of denial of medical education to such students, a problem that results from both discrimination in admissions and denial of accommodations to incumbent students with disabilities. The article then discusses the disability rights legislation that prohibits discrimination against—and requires reasonable accommodation of—qualified medical students with disabilities. It concludes by reviewing a number of lawsuits involving requests for accommodation and how disability rights law was applied in those cases.


Section 5: Civil Rights And Liberties, Institute Of Bill Of Rights Law, William & Mary Law School Sep 2016

Section 5: Civil Rights And Liberties, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


From Integrationism To Equal Protection: Tenbroek And The Next 25 Years Of Disability Rights, Samuel R. Bagenstos Sep 2016

From Integrationism To Equal Protection: Tenbroek And The Next 25 Years Of Disability Rights, Samuel R. Bagenstos

Articles

If there is one person who we can say is most responsible for the legal theory of the disability rights movement, that person is Jacobus tenBroek. Professor tenBroek was an influential scholar of disability law, whose writings in the 1960s laid the groundwork for the disability rights laws we have today. He was also an influential disability rights activist. He was one of the founders and the president for more than two decades of the National Federation of the Blind, one of the first-and for many years undisputedly the most effective-of the organizations made up of people with disabilities that …


A Study Of Social Security Disability Litigation In The Federal Courts, Jonah B. Gelbach, David Marcus Jul 2016

A Study Of Social Security Disability Litigation In The Federal Courts, Jonah B. Gelbach, David Marcus

All Faculty Scholarship

A person who has sought and failed to obtain disability benefits from the Social Security Administration (“the agency”) can appeal the agency’s decision to a federal district court. In 2015, nearly 20,000 such appeals were filed, comprising a significant part of the federal courts’ civil docket. Even though claims pass through multiple layers of internal agency review, many of them return from the federal courts for even more adjudication. Also, a claimant’s experience in the federal courts differs considerably from district to district around the country. District judges in Brooklyn decide these cases pursuant to one set of procedural rules …


Immigration And Disability In The United States And Canada, Mark Weber Jun 2016

Immigration And Disability In The United States And Canada, Mark Weber

College of Law Faculty

Disability arises from the dynamic between people’s physical and mental conditions andthe physical and attitudinal barriers in the environment. Applying this idea aboutdisability to United States and Canadian immigration law draws attention to barriers toentry and eventual citizenship for individuals who have disabilities. Historically, NorthAmerican law excluded many classes of immigrants, including those with intellectualdisabilities, mental illness, physical defects, and conditions likely to cause dependency.Though exclusions for individuals likely to draw excessive public resources and thosewith communicable diseases still exist in Canada and the United States, in recent yearsthe United States permitted legalization for severely disabled undocumented immigrantsalready in the …


Sufficiently Safeguarded?: Competency Evaluations Of Mentally Ill Respondents In Removal Proceedings, Sarah R. Sherman-Stokes May 2016

Sufficiently Safeguarded?: Competency Evaluations Of Mentally Ill Respondents In Removal Proceedings, Sarah R. Sherman-Stokes

Faculty Scholarship

In this Article, I examine the current regime for making mental competency determinations of mentally ill and incompetent noncitizen respondents in immigration court. In its present iteration, mental competency determinations in immigration court are made by immigration judges, most commonly without the benefit of any mental health evaluation or expertise. In reflecting on the protections and processes in place in the criminal justice system, and on interviews with removal defense practitioners at ten different sites across the United States, I conclude that the role of the immigration judge in mental competency determinations must be changed in order to protect the …


How The Ada Regulates And Restricts Solitary Confinement For People With Mental Disabilities, Margo Schlanger May 2016

How The Ada Regulates And Restricts Solitary Confinement For People With Mental Disabilities, Margo Schlanger

Other Publications

In a landmark decision two decades ago, United States District Judge Thelton Henderson emphasized the toxic effects of solitary confinement for inmates with mental illness. In Madrid v. Gomez, a case about California’s Pelican Bay prison, Judge Henderson wrote that isolated conditions in the Special Housing Unit, or SHU, while not amounting to cruel and unusual punishment for all prisoners, were unconstitutional for those “at a particularly high risk for suffering very serious or severe injury to their mental health . . . .” Vulnerable prisoners included those with pre-existing mental illness, intellectual disabilities, and brain damage. Henderson concluded that …


Reproductive Rights And Access To Reproductive Services For Women With Disabilities, Anita Silvers, Leslie Francis, Brittany Badesch Apr 2016

Reproductive Rights And Access To Reproductive Services For Women With Disabilities, Anita Silvers, Leslie Francis, Brittany Badesch

Utah Law Faculty Scholarship

Are women with disabilities owed equitable access to reproductive health services, including family planning, contraception, screening for sexually transmitted infections, maternal health services, and fertility services? Or are there circumstances in which disability is a reason to deny access to such services? Conversely, should women with certain disabilities have access to procedures such as caesarean section or sterilization? May these procedures be recommended just because a woman has a disability or imposed on her if she appears reluctant or unable to consent?


Trending @ Rwu Law: Dean Yelnosky's Post: United States Court Of Appeals For Veterans Claims Visits Rwu Law: 03-03-2016, Michael Yelnosky Mar 2016

Trending @ Rwu Law: Dean Yelnosky's Post: United States Court Of Appeals For Veterans Claims Visits Rwu Law: 03-03-2016, Michael Yelnosky

Law School Blogs

No abstract provided.


From Mainstreaming To Marginalization? Idea's De Facto Segregation Consequences And Prospects For Restoring Equity In Special Education, Kerrigan O'Malley Mar 2016

From Mainstreaming To Marginalization? Idea's De Facto Segregation Consequences And Prospects For Restoring Equity In Special Education, Kerrigan O'Malley

Law Student Publications

As a basic construct for recommending measures to correct the prevailing inequities in special education, this comment examines the de facto segregation impact IDEA stemming from the Supreme Court's interpretive rulings and from the Act's own enforcement norms. The analysis further identifies the equality compromising consequences of specific IDEA provisions and considers prospects for restoring equity to special needs service delivery in these areas, with a particular focus on tuition reimbursement for private school. Respecting the historical alignment of the law of race discrimination in education and the law of disability education rights, the analysis identifies inequities that prevail at …


A Bare Desire To Harm: Transgender People And The Equal Protection Clause, Kevin M. Barry, Brian Farrell, Jennifer Levi, Neelima Vanguri Jan 2016

A Bare Desire To Harm: Transgender People And The Equal Protection Clause, Kevin M. Barry, Brian Farrell, Jennifer Levi, Neelima Vanguri

Faculty Scholarship

The U.S. Supreme Court’s decision in Obergefell v. Hodges establishing marriage equality for same-sex couples marks a major shift in recognizing gay, lesbian, and bisexual people as a central part of the fabric of American society. Obergefell also marks the passing of the torch from “LGB” to “T”; the next civil rights frontier belongs to transgender people, for whom key barriers still remain. In January 2015, a transgender woman filed an equal protection challenge to a provision of the Americans with Disabilities Act (“ADA”), which explicitly excludes several medical conditions closely associated with transgender people. In support of this challenge, …


The Historical Realization Of The Americans With Disabilities Act On Athletes With Disabilities, Michael W. Carroll, Michael Cottingham, Don Lee, Deborah Shapiro, Brenda Pitts Jan 2016

The Historical Realization Of The Americans With Disabilities Act On Athletes With Disabilities, Michael W. Carroll, Michael Cottingham, Don Lee, Deborah Shapiro, Brenda Pitts

Articles in Law Reviews & Other Academic Journals

The Americans with Disabilities Act (ADA) of 1990 has been one of the most powerful tools used by persons with disabilities in the fight for access and equality. Significant case law demonstrates the impact of the ADA on disability sport participation and access, but little is known regarding how the ADA has impacted athletes with disabilities. Thus, the purpose of this study was to gain the perspective of elite athletes with disabilities who competed before and after the ADA's enactment. Participants were interviewed, and the data were transcribed and analyzed. Findings indicated that participants generally felt physical barriers were most …


Rheumatoid Arthritis: Painful Motion Is Limited Motion, Tyler Crowe Jan 2016

Rheumatoid Arthritis: Painful Motion Is Limited Motion, Tyler Crowe

Law Student Publications

Reporting on Petitti v. McDonald, No. 13-3469, ____ Vet. App. ____ (October 28, 2015): The Court was asked to clarify what constitutes "painful motion" and what evidence the Board of Veterans’ Appeals must consider when making this determination.


The Effects Of Allergies And Anaphylaxis On The Body And Mind: A Survey Of Opinions And Knowledge On These Disorders, Kathryn E. O'Brien Jan 2016

The Effects Of Allergies And Anaphylaxis On The Body And Mind: A Survey Of Opinions And Knowledge On These Disorders, Kathryn E. O'Brien

Honors Program: Student Scholarship & Creative Works

Despite common knowledge, allergies and anaphylaxis are considered disabilities. As such, these disorders affect the daily lives of those who have them, including one's mental health. In this paper, all the nuances of allergies and anaphylaxis will be discussed as the etiology and scientific aspects of allergies, anaphylaxis, and hypersensitivity are distinguished from one another. Furthermore, the findings are reported from two surveys; an assessment of how well educated and prepared teachers are for students with allergies and whether other students with food allergies have had similar experiences to the author's and those described in research by other studies concerning …


From Development As Disaster To Disaster As Development: Lessons From The Marseille Plague Of 1720, Saptarishi Bandopadhyay Jan 2016

From Development As Disaster To Disaster As Development: Lessons From The Marseille Plague Of 1720, Saptarishi Bandopadhyay

Articles & Book Chapters

No abstract provided.


Research To Practice: The 2014–2015 National Survey Of Community Rehabilitation Providers Report 1: Overview Of Services, Trends, And Provider Characteristics, Daria Domin, John Butterworth Jan 2016

Research To Practice: The 2014–2015 National Survey Of Community Rehabilitation Providers Report 1: Overview Of Services, Trends, And Provider Characteristics, Daria Domin, John Butterworth

Research to Practice Series, Institute for Community Inclusion

This brief is based on the 2014–2015 National Survey of Community Rehabilitation Providers (CRPs) funded by the Administration on Intellectual and Developmental Disabilities. This brief presents findings on people with all disabilities and people with intellectual and developmental disabilities (IDD) who receive employment and non-work services from community rehabilitation providers (CRPs). Previous national surveys of CRPs were conducted by the Institute for Community Inclusion in 2002–2003 and 2010–2011, and also gathered data on provider services for individuals with disabilities (Metzel et al., 2007; Domin & Butterworth, 2012). This brief will incorporate some of those findings and compare them against the …


Gambling Disorder, Vulnerability, And The Law: Mapping The Field, Stacey A. Tovino Jan 2016

Gambling Disorder, Vulnerability, And The Law: Mapping The Field, Stacey A. Tovino

Scholarly Works

This Article seeks to descriptively map the sub-field of gambling disorder and the law and ask whether individuals with gambling disorder are vulnerable under the law. Like other scholarship that descriptively maps ethical, legal, and social implications of lesser known conditions and developments, this Article seeks to describe the treatment of individuals with gambling disorder in a variety of illustrative, but not exhaustive, legal contexts, to identify the limited scholarship assessing the application of the law to individuals with gambling disorder, and to invite members of the health law academy to bring their significant expertise to bear on these issues …


Dying Fast: Suicide In Individuals With Gambling Disorder, Stacey A. Tovino Jan 2016

Dying Fast: Suicide In Individuals With Gambling Disorder, Stacey A. Tovino

Scholarly Works

These published remarks carefully document the history of health insurance coverage of gambling disorder. They begin by providing examples of gambling disorder insurance benefit disparities in the contexts of public health care programs and private health plans. They proceed by reviewing the effect of three pieces of legislation, including the Mental Health Parity Act of 1996, the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008, and the Affordable Care Act of 2010, on public and private insurance coverage of gambling disorder. They highlight the partial victory that will occur in some states beginning in …


Considering The Best Interests Test In The Context Of Disabilities, Vincent Ooi, Jia Wei Loh Jan 2016

Considering The Best Interests Test In The Context Of Disabilities, Vincent Ooi, Jia Wei Loh

Research Collection Yong Pung How School Of Law

The United Kingdom is bound by several international obligations to eliminate discrimination against persons with disabilities, chief among these being the United Nations Convention on the Rights of Persons with Disabilities (‘CRPD’), which was ratified on 8 June 2009.Compliance with these obligations is secured at the domestic level through provisions such as those in the Equality Act 2010 (‘EA 2010’). However, parents with disabilities remain exceptionally vulnerable to losing the care and custody of their children under care orders and child arrangements orders.Thus, in 2006 the Social Care Institute for Excellence conducted a knowledge review which found that social workers …


Use Of Facial Recognition Technology For Medical Purposes: Balancing Privacy With Innovation, Seema Mohapatra Jan 2016

Use Of Facial Recognition Technology For Medical Purposes: Balancing Privacy With Innovation, Seema Mohapatra

Faculty Scholarship

No abstract provided.


Vexatious Litigants And The Ada: Strategies To Fairly Address The Need To Improve Access For Individuals With Disabilities, Helia Garrido Hull Jan 2016

Vexatious Litigants And The Ada: Strategies To Fairly Address The Need To Improve Access For Individuals With Disabilities, Helia Garrido Hull

Faculty Scholarship

No abstract provided.


Politically Correct Eugenics, Seema Mohapatra Jan 2016

Politically Correct Eugenics, Seema Mohapatra

Faculty Scholarship

No abstract provided.


Statedata: The National Report On Employment Services And Outcomes, 2016, Jean Winsor, Jaimie Ciulla Timmons, John Butterworth, John Shepard, Cady Landa, Frank A. Smith, Daria Domin, Alberto Migliore, Jennifer Bose, Lydia Landim, Thinkwork! At The Institute For Community Inclusion At Umass Boston Jan 2016

Statedata: The National Report On Employment Services And Outcomes, 2016, Jean Winsor, Jaimie Ciulla Timmons, John Butterworth, John Shepard, Cady Landa, Frank A. Smith, Daria Domin, Alberto Migliore, Jennifer Bose, Lydia Landim, Thinkwork! At The Institute For Community Inclusion At Umass Boston

All Institute for Community Inclusion Publications

This report provides statistics over 25 years from several national datasets that address the status of employment and economic self-sufficiency for individuals with intellectual and developmental disabilities. The authors use abbreviations for both intellectual disability (ID) and intellectual and developmental disabilities (IDD) in this report. This is because data sources vary in the specific target groups that can be described. Please refer to each chapter for the disability definition used in that chapter. We provide a comprehensive overview that describes national trends in employment for people with IDD, and the appendices provide individual state profiles with data from several sources. …


The Accessibility For Manitobans Act: Ambitions And Achievements In Antidiscrimination And Citizen Participation, Laverne Jacobs, Britney De Costa, Victoria Cino Jan 2016

The Accessibility For Manitobans Act: Ambitions And Achievements In Antidiscrimination And Citizen Participation, Laverne Jacobs, Britney De Costa, Victoria Cino

Law Publications

The Accessibility for Manitobans Act (AMA) was enacted in December, 2013. Manitoba is the second Canadian province to enact accessibility standards legislation. The first province was Ontario, which enacted the Ontarians with Disabilities Act in 2001, and, later, a more fortified and enforceable Accessibility for Ontarians with Disabilities Act, 2005. The AMA presents a strong set of philosophical and social goals. Its philosophical goals mark accessibility as a human right, and aim to improve the health, independence and well-being of persons with disabilities. The AMA’s social goals have the potential to make a positive impact on the development of equality …


The Olmstead Imperative: The Right To Live In The Community And Beyond, Robert Dinerstein Jan 2016

The Olmstead Imperative: The Right To Live In The Community And Beyond, Robert Dinerstein

Articles in Law Reviews & Other Academic Journals

Of the 20 Americans with Disabilities Act (ADA) cases that the United States Supreme Court has decided in the 25 years of the statute’s existence, Olmstead v. L.C. by Zimring is without doubt the most significant for people with intellectual and developmental disabilities. Olmstead is the only Supreme Court ADA case that specifically addresses the rights of people with intellectual and developmental disabilities, but its importance goes well beyond this specific fact. In this essay, I set out the holding of the Olmstead decision, its connection to, and extension of, prior case law, the extent of its subsequent enforcement, and …