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Articles 31 - 34 of 34
Full-Text Articles in Disability Law
Hearing The Sexual Assault Complaints Of Women With Mental Disabilities: Evidentiary And Procedural Issues, Janine Benedet
Hearing The Sexual Assault Complaints Of Women With Mental Disabilities: Evidentiary And Procedural Issues, Janine Benedet
All Faculty Publications
When a woman with a mental disability makes a complaint of sexual assault, she must confront a criminal trial process that was not designed in contemplation of her as a witness. The requirements of repeated testimony under oath and the ability to be cross-examined are not always well-suited to the particular needs and capacities of women with mental disabilities. These problems are magnified by the tendency to infantilize women with mental disabilities, thereby diminishing their credibility and depicting them as hypersexual when they engage in any sexual activity. These stereotypes also manifest themselves in the application of evidentiary rules relating …
You Take My Space, I Take Your Air: An Empirical Study Of Disabled Parking And Motor Vehicle Laws For Persons With Disabilities, Donald H. Stone
You Take My Space, I Take Your Air: An Empirical Study Of Disabled Parking And Motor Vehicle Laws For Persons With Disabilities, Donald H. Stone
All Faculty Scholarship
Reserved parking and specialized treatment are necessary to permit individuals with disabilities access to goods, services, and employment opportunities on an equal basis with the general public. Why are disabled drivers entitled to disabled parking spots? What is the procedure for an individual with a disability to receive special disability registration license plates? What is the role of the Medical Advisory Board in reviewing the ability of disabled drivers to get behind the wheel? What, if any, obligation or responsibility does a physician treating a disabled driver have to notify the Department of Motor Vehicles of the patient's condition or …
Hedonic Damages, Hedonic Adaptation, And Disability, Samuel R. Bagenstos, Margo Schlanger
Hedonic Damages, Hedonic Adaptation, And Disability, Samuel R. Bagenstos, Margo Schlanger
Articles
A number of states recognize hedonic damages as a separate category of recovery in tort and tort-like actions. Others consider lost enjoyment of life as an aspect of what are sometimes termed "disability" damages-damages for physical or mental impairment. Many other states permit juries to take account of lost enjoyment of life in setting compensation for pain and suffering or other forms of general damages. In all these jurisdictions, disability has loomed large. And the (explicit or implicit) view of disability is often one of tragic dependency and helplessness. As we show in Part I below, lawyers seeking hedonic damages …
Shape Stops Story, Elizabeth F. Emens
Shape Stops Story, Elizabeth F. Emens
Faculty Scholarship
Storytelling and resistance are powerful tools of both lawyering and individual identity, as I argue in this brief essay published in Narrative as part of a dialogue on disability, narrative, and law with Rosemarie Garland-Thompson and Ellen Barton. Garland-Thompson's work shows us the life-affirming potential of storytelling, its role in shaping disability identity, and its role in communicating that identity to the outside world. By contrast, Barton powerfully shows how those same life-affirming narratives can force a certain kind of storytelling, can create a mandate to tell one story and not another. In short, Barton reminds us of the need …