Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Supreme Court (3)
- 1980 (1)
- ADA (1)
- American with Disabilities Act (1)
- Americans with Disabilities Act (1)
-
- And Liability Act (1)
- Besifoods (1)
- CERCIA (1)
- City of Boerne (1)
- Compensation (1)
- Comprehensive Environmental Response (1)
- Congress (1)
- Corporate law (1)
- Disability (1)
- Discrimination (1)
- Federal common (1)
- Federalism (1)
- Fourteenth Amendment (1)
- Garcia (1)
- Happiness (1)
- Human rights (1)
- Kimbell Foods (1)
- Law (1)
- Litigation (1)
- Mental disabilities (1)
- Mental health (1)
- Mental health courts (1)
- O'Melveny & Myers (1)
- Ohio Constitution (1)
- Ohio Courts (1)
Articles 1 - 4 of 4
Full-Text Articles in Law
Mental Health Courts And Title Ii Of The Ada: Accessibility To State Court Systems For Individuals With Mental Disabilities And The Need For Diversion, S. Elizabeth Malloy
Mental Health Courts And Title Ii Of The Ada: Accessibility To State Court Systems For Individuals With Mental Disabilities And The Need For Diversion, S. Elizabeth Malloy
Faculty Articles and Other Publications
Access to the judicial system, a fundamental right that has paramount importance in our society, can often present obstacles to people with disabilities in a variety of significant ways. Yet Title II mandates that state and local judicial facilities be accessible to individuals with disabilities. Recent shifts in paradigmatic approaches to special populations such as drug offenders and offenders with mental disabilities have lead to the creation of mental health courts specifically designed to address the needs of the persons with mental disabilities in order to avoid incarceration. Early outcomes in states like Ohio suggest mental health courts may better …
Should State Corporate Law Define Successor Liability - The Demise Of Cercla's Federal Common Law, Bradford Mank
Should State Corporate Law Define Successor Liability - The Demise Of Cercla's Federal Common Law, Bradford Mank
Faculty Articles and Other Publications
During the 1980s and early 1990s, a series of decisions broadly interpreting the liability provisions of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCIA) appeared destined to transform corporate law practice. CERCIA does not directly address successor liability, but the statute's complex and contradictory legislative history arguably implies that Congress wanted federal courts to apply broad liability principles to achieve the statute's fundamental remedial goal of making polluters and their successors pay for cleaning up hazardous substances.
Notably, a number of courts rejected state corporate law principles that usually limit the liability of successor corporations and instead …
Whose Federalism, S. Elizabeth Malloy
Whose Federalism, S. Elizabeth Malloy
Faculty Articles and Other Publications
This Article examines briefly the Seminole Tribe and City of Boerne decisions. Part II then focuses on the ADA and the reasons why Congress made it applicable to government conduct as well as private conduct. Finally, Part III examines the argument, based on the new federalism, that the ADA should not apply to state entities. It does not appear that the Court's new federalism has had a liberty-enhancing effect for some of the most vulnerable persons in our society. The Court's revitalized federalism jurisprudence has led to questions about the continuing validity of many of our civil rights statutes as …
Litigating State Constitutional Rights To Happiness And Safety: A Strategy For Ensuring The Provision Of Basic Needs To The Poor, Bert B. Lockwood Jr., R. Collins Owens Iii, Grace A. Severyn
Litigating State Constitutional Rights To Happiness And Safety: A Strategy For Ensuring The Provision Of Basic Needs To The Poor, Bert B. Lockwood Jr., R. Collins Owens Iii, Grace A. Severyn
Faculty Articles and Other Publications
Faced with the dead-end nature of attempting to use the United States Constitution to develop enforceable minimum standards of care for the poor, the poor and their advocates have looked to state constitutional and statutory law for the protection of basic needs. Compared to the textual wasteland of the Federal Constitution, state constitutions have much to offer. Many state constitutions contain substantive provisions dealing explicitly with poverty, housing, shelter, and nutrition. Many state constitutions also include declarations that set out as inalienable the right to seek and/or obtain safety and the right to pursue and/or obtain happiness. This article chronicles …