Law Commons^™

Health Care And The Un Disability Rights Convention, Michael Ashley Stein, Penelope J S Stein, Dorothy Weiss, Raymond Lang

Popular Media

No abstract provided.

Special Education Law, William H. Hurd, Stephen C. Piepgrass

University of Richmond Law Review

No abstract provided.

Data Note: Job Seekers With Disabilities At One-Stop Career Centers: An Examination Of Registration For Wagner-Peyser Funded Employment Services From 2002 To 2007, David Hoff, Frank A. Smith

Data Note Series, Institute for Community Inclusion

The Wagner-Peyser Act of 1933 established a nationwide system of public employment services, known as the Employment Service. Wagner-Peyser funds are a primary source of funding for the services of One-Stop Career Centers that provide employment services available to all people, including people with disabilities. This data note examines trends on a national and state-by-state basis in the number and percentage of job seekers who self-identified as having disabilities who register for Wagner-Peyser Employment Services.

When The Duty To Provide A Reasonable Accommodation Seems Unreasonable: Accommodating And Managing Employees With Episodic Impairments Or Impairments In Remission Under The Ada Amendments Act Of 2008, Gina M. Cook

North Carolina Central Law Review

No abstract provided.

Thoughts On The Churn Law, Michael Halley

NULR Online

A grand alliance is forming, and new trenches are being dug on the old and hallowed battleground of the Constitution. Waving the stars and stripes of “constitutional design,” and richly equipping themselves with the weaponry of reason, scholars like Richard Fallon, Sanford Levinson, and Jack Balkin have taken the field to determine “what provisions for judicial review (if any) ought to exist in constitutions for all societies whose people and legislatures are seriously committed to respecting rights,” and to avoiding “constitutional crises” by “careful planning.” Fallon, a self-proclaimed “system-designer,” applauds himself for having “plowed rich ground.” Levinson and Balkin claim …

Technical Standards For Admission To Medical School: Deaf Candidates Don't Get No Respect, Michael Schwartz

Buffalo Public Interest Law Journal

No abstract provided.

Broken Promises: When Does A School's Failure To Implement An Individualized Education Program Deny A Disabled Student A Free And Appropriate Public Education, David Ferster

Buffalo Public Interest Law Journal

No abstract provided.

Ratify The Un Disability Treaty, Michael Ashley Stein, Janet E. Lord

Popular Media

No abstract provided.

Social Rights And The Relational Value Of The Rights To Participate In Sport, Recreation And Play, Janet E. Lord, Michael Ashley Stein

Faculty Publications

No abstract provided.

Disability-Selective Abortion And The Americans With Disabilities Act, Dov Fox, Christopher L. Griffin Jr.

Faculty Publications

This Article examines the influence of the Americans with Disabilities Act (ADA) on affective attitudes toward children with disabilities and on the incidence of disability-selective abortion. Applying regression analysis to U.S. natality data, we find that the birthrate of children with Down syndrome declined significantly in the years following the ADA’s passage. Controlling for technological, demographic, and cultural variables suggests that the ADA may have encouraged prospective parents to prevent the existence of the very class of people it was designed to protect. We explain this paradox by showing the way in which specific ADA provisions could have given rise …

Book Review Of Unspeakable: The Story Of Junius Wilson, Michael Ashley Stein, Aviam Soifer

Faculty Publications

No abstract provided.

Data Note: Work Incentives And Ssi Recipients With Intellectual Disabilities, Frank A. Smith, John Butterworth

Data Note Series, Institute for Community Inclusion

Congress has enacted a number of work incentive programs for Supplemental Security Income (SSI) recipients with disabilities after concluding additional incentives were necessary to help individuals become self-supporting. Moreover, Congress has noted that individuals who could work outside of sheltered workshops might have been discouraged from doing so by the fear of losing their benefits before they had established for themselves the capability for continued self-support. In this Data Note, we explore the degree to which SSI recipients with Intellectual Disabilities (ID) work and participate in these incentive programs.

A Quality Life, Frances H. Miller

Faculty Scholarship

DEDICATION OF ISSUE TO ALLAN MACURDY

Allan Macurdy passed away June 23, 2008. Mr. Macurdy was a visiting associate professor at the Boston University School of Law and the director of Boston University’s Office of Disability Services. Mr. Macurdy was also a graduate of the Boston University College of Arts and Sciences (’84) and the School of Law (’86).

The following three pieces are memories of Mr. Macurdy by Professor Frances Miller, Professor Larry Yackle and William S. Richardson School of Law Dean Aviam Soifer. The tragedy of Mr. Macurdy’s passing, a noted disability rights advocate, was only underscored by …

Data Note: Indicators Of Labor Market Success For People With Intellectual Disabilities, Frank A. Smith, John Butterworth

Data Note Series, Institute for Community Inclusion

Reporting meaningful indicators of labor market success for individuals with disabilities, particularly Intellectual Disabilities (ID), is challenging for a number of reasons. Measures that allow people to indicate specific disabilities like ID are uncommon in large national data sets. Additionally, the use of the “traditional” unemployment rate reported by the Department of Labor as an indicator of labor market success for people with disabilities leaves people who are not in the labor force, a significant group when it comes to subpopulations of people with disabilities, out of the calculation. In this data note, we discuss the implications of using the …

Counting Working-Age People With Disabilities: What Current Data Tell Us And Options For Improvement, Andrew J. Houtenville Editor, David C. Stapleton Editor, Robert R. Weathers Editor, Richard V. Burkhauser Editor

Upjohn Press

This book offers a systematic review of what current statistics and data on working-age people with disabilities can and cannot tell us, and how the quality of the data can be improved to better inform policymakers, advocates, analysts, service providers, administrators, and others interested in this at-risk population.

Institute Brief: Advancing Parent-Professional Leadership: Effective Strategies For Building The Capacity Of Parent Advisory Councils In Special Education, Heike Boeltzig, Matthew Kusminsky, Susan M. Foley, Richard Robison, Barbara Popper, Marilyn Gutierrez-Wilson

The Institute Brief Series, Institute for Community Inclusion

The Individuals with Disabilities Education Act, last amended in 2004 (IDEA 2004), encourages parents and educators to work collaboratively, emphasizing that as a team they are uniquely suited to make decisions that help improve the educational experiences and outcomes of children with disabilities. The Advancing Parent-Professional Leadership in Education (APPLE) Project was funded to develop the leadership skills of parents individually and within their communities. The project took place in Massachusetts, where school districts are required to have a special education parent advisory council (SEPAC).

Case Studies: Employment Data Systems: Florida's Agency For Persons With Disabilities, Allison Cohen Hall, Jean Winsor, John Butterworth

Case Studies Series, Institute for Community Inclusion

The increasing emphasis on government accountability at the state and federal levels has increased interest in and use of outcome data. Moreover, research has found that high performing states in integrated employment generally have a clear and visible data collection system that provides individual outcome data (Hall et al, 2007). But what are the most important elements in designing and using a system? Stakeholders have raised questions regarding creating effective data collection systems, identifying variables with the most utility for influencing policy, and using data as a strategic planning tool. This series is intended to shed light on the successes …

The Criminalization Of Mental Illness: How Theoretical Failures Create Real Problems In The Criminal Justice System, Georgia L. Sims

Vanderbilt Law Review

When Andrea Yates drowned her five children, she believed she was preventing Satan from infiltrating their souls. Rusty Yates blamed both the mental health system and the criminal justice system for his wife's actions and also for her initial conviction. Andrea Yates suffered from post-partum depression and psychosis; had attempted suicide twice; had been hospitalized on several occasions for psychiatric treatment; and was found not guilty by reason of insanity in her 2006 retrial.' Although Yates likely will spend the rest of her life in a mental institution, she will receive mental health treatment throughout her time at the facility. …

One Step Closer To Mental Health Parity, Lorraine Schmall

Nevada Law Journal

No abstract provided.

By Reason Thereof: Causation And Eligibility Under The Individuals With Disabilites Education Act, Katherine May

Brigham Young University Education and Law Journal

No abstract provided.

The Rights Of Parentally-Placed Private School Students Under The Individuals With Disabilities Education Improvement Act Of 2004 And The Need For Legislative Reform, Lewis M. Wasserman

Brigham Young University Education and Law Journal

No abstract provided.

“Corrective Surgery” And The Americans With Disabilities Act, Jeannette Cox

School of Law Faculty Publications

This Article challenges the assumption that the Americans with Disabilities Act (ADA) requires persons with disabilities to undergo corrective surgery as a precondition to membership in the ADA's protected class. This issue is ripe for discussion because current efforts to amend the ADA, although not focused on the corrective surgery issue, will unsettle the current doctrine underpinning many courts' conclusions that an individual's decision to forgo available medical technology bars her from relief under the ADA. The article aims to make two contributions. First, it argues that the ADA's focus on reshaping cultural responses to disability suggests that individuals need …

A Change Is Gonna Come: The Implications Of The United Nations Convention On The Rights Of Persons With Disabilities For The Domestic Practice Of Constitutional Mental Disability Law, Michael L. Perlin

Articles & Chapters

As recently as fifteen years ago, disability was not broadly acknowledged as a human rights issue. Although there were prior cases decided in the United States and in Europe that, retrospectively, had been litigated from a human rights perspective1 the characterization of "disability rights" (especially the rights of persons with mental disabilities) was not discussed in a global public, political or legal debate until the early 1990s. Instead, disability was seen only as a medical problem of the individual requiring a treatment or cure. By contrast, viewing disability as a human rights issue requires us to recognize the inherent equality …

Tennessee V. Lane, Martha A. Field, Michael Ashley Stein

Faculty Publications

No abstract provided.

The Disabled Lawyers Have Arrived; Have They Been Welcomed With Open Arms Into The Profession? An Empirical Study Of The Disabled Lawyer, Donald H. Stone

All Faculty Scholarship

This Article proceeds in seven parts. Part I briefly outlines the ADA's position on reasonable accommodations. Part II addresses how law firms are reacting and responding to the fact that they employ lawyers with mood disorders, such as depression or bipolar disorder, attorneys with learning disabilities, and individuals with alcohol or drug addiction. What disabilities are most often represented? Are lawyers with disabilities apt to receive work modifications to accommodate their disability? Are attorneys with mental illness provided with less stressful case assignments? Are lawyers with substance use disorders and alcohol or drug addiction assigned co-counsel to monitor or offer …

Introduction: Challenging The School-To-Prison Pipeline, Deborah N. Archer

Articles & Chapters

No abstract provided.

Equality, I Spoke That Word/ As If A Wedding Vow: Mental Disability Law And How We Treat Marginalized Persons, Michael L. Perlin

Articles & Chapters

No abstract provided.

The Witness Who Saw, He Left Little Doubt: A Comparative Consideration Of Expert Testimony In Mental Disability Law Cases, Michael L. Perlin, Astrid Birgden, Kris Gledhill

Articles & Chapters

The question of how courts assess expert evidence - especially when mental disability is an issue - raises the corollary question of whether courts adequately evaluate the content of the expert testimony or whether judicial decision making may be influenced by teleology (‘cherry picking’ evidence), pretextuality (accepting experts who distort evidence to achieve socially desirable aims), and/or sanism (allowing prejudicial and stereotyped evidence). Such threats occur despite professional standards in forensic psychology and other mental health disciplines that require ethical expert testimony. The result is expert testimony that, in many instances, is at best incompetent and at worst biased. The …

Reconceptualizing Competence: An Appeal, Mae C. Quinn

Journal Articles

No abstract provided.

Disability Rights In Cambodia: Using The Convention On The Rights Of People With Disabilities To Expose Human Rights Violations, Ulrike Buschbacher Connelly

Washington International Law Journal

In Cambodia, the percentage of the population living with disabilities is one of the highest in the world. At least 650,000 Cambodians live with a disability, and the exact count may be as high as 1.4 million. The incidence of disability is also expected to increase in the future. Despite the fact that many Cambodians have at least one disability, the country does not have adequate legal provisions to protect the human rights of people with disabilities. There are no comprehensive laws that address disability issues. The few existing laws provide only implicit protections and some directly discriminate against people …