Disability Law Commons^™

Is A Mentally Ill Defendant Still Considered Competent To Waive The Right To Counsel In New York After Indiana V. Edwards?, John H. Wilson

Pace Law Review

No abstract provided.

China And Disability Rights, Michael Ashley Stein

Faculty Publications

No abstract provided.

Data Note: Measuring The Outcomes Of Job Seekers With Intellectual Or Developmental Disabilities In The Vocational Rehabilitation Program, Daria Domin, Alberto Migliore

Data Note Series, Institute for Community Inclusion

Most people with intellectual or developmental disabilities aspire to gainful employment. To assist them with this goal, state Vocational Rehabilitation (VR) agencies offer employment-development services that are based upon Individualized Plans for Employment (IPEs). A commonly used measure of outcomes is the rehabilitation rate, which is defined as the percentage of individuals who achieve employment out of all individuals whose cases were closed after receiving services. This indicator, however, neglects to consider that for various reasons not all individuals progress to receive services. This information is important because not receiving services translates directly into exiting the VR program without an …

Monitoring The Convention On The Rights Of Persons With Disabilities: Innovations, Lost Opportunities, And Future Potential, Michael Ashley Stein, Janet E. Lord

Faculty Publications

As the first human rights treaty of the twenty-first century, the United Nations Convention on the Rights of Persons with Disabilities (CRPD) protects some 650 million persons with disabilities. The CRPD also has an opportunity to progressively reconfigure the structure and process of human rights oversight. While the overall framework for monitoring and implementing the CRPD resembles existing core human rights instruments, it has some notable features. The CPRD Committee is endowed with several innovations of significant potential, especially in the breadth of reporting and investigative procedures, thereby offering prospects for other treaty bodies and the human rights system more …

Jamming The Revolving Door: Legislative Setbacks For Mental Health Court Systems In Virginia, Sheila Moheb

Law Student Publications

Part II of this comment will discuss the existing issues that effectuate the tension between the criminal justice system and mentally ill offenders, which provides important context to the debate surrounding the establishment of MHCs. Part III will examine the recent federal support for alternative approaches to handling mentally ill offenders and the different operational tactics implemented by existing MHC programs. Finally, Part IV will study the launch of Virginia’s first MHC in Norfolk, while exploring the latest legislative defeat in Virginia, Senate Bill 158 of the 2010 General Assembly, which sought to establish MHCs statewide.

Conceptualizing Disability Discrimination, Michael C. Harper

Faculty Scholarship

In a series of law review articles written over the past decade, Professor Bagenstos has established himself as the preeminent academic voice on disability discrimination law. Indeed, the transferable utility of the conceptual insights developed and applied in these articles, in my view, warrants a claim for Bagenstos as the most important scholar of the decade in the general field of employment discrimination law. Anyone with a serious intellectual interest in discrimination law who has not read Bagenstos’s articles should take the occasion of the publication of this pithy and trenchant little volume to familiarize themselves with Bagenstos’s analysis of …

Missing The Forest For The Trees: Forest Grove School District V. T.A., Theresa Kraft

The University of New Hampshire Law Review

[Excerpt] “The Individuals with Disabilities Education Act (IDEA) guarantees children who qualify as children with disabilities the right to receive a free appropriate public education (FAPE). There are many points at which parents and school districts may disagree regarding the provision of a FAPE, but as the U.S. Supreme Court has determined in Forest Grove School District v. T.A., when parents and a school district disagree regarding whether children should be identified as children with disabilities, an appropriate remedy could be tuition reimbursement.”

Gross V. Fbl Financial Services, Inc.: A Simple Interpretation Of Text And Precedent Results In Simplified Claims Under The Adea, Robert Fuller

Mercer Law Review

In Gross v. FBL Financial Services, Inc., the United States Supreme Court was asked to clarify whether the direct evidence requirement articulated in Price Waterhouse v. Hopkins-later superseded by the Civil Rights Act of 1991-applied to mixed-motive claims brought under the Age Discrimination in Employment Act of 1967 (ADEA). In an unexpected twist, the Court held that a plaintiff must prove by a preponderance of any evidence, direct or indirect, that age was the "but for" or "determinative" cause of the adverse employment action. Accordingly, the employer bears no burden of persuasion on any issue in defending claims …

Die Geschichte Meiner Familie, Rachel Marie Rose

Undergraduate University Honors Capstones

This capstone explores the history of Nazi Germany and how its policies affected a culturally Deaf German family, the Riemanns. The final product included a documentary film.

Sadowski V. United States Postal Service: One Step Closer To Delivering A Resolution To The Dispute On Individual Liability For Public Employees Under The Family And Medical Leave Act Of 1993, Leila Early

North Carolina Central Law Review

No abstract provided.

Disability Law - Welcome To The New Town Square Of Today's Global Village: Website Accessibility For Individuals With Disabilities After Target And The 2008 Amendments To The Americans With Disabilities Act, Stephanie Khouri

University of Arkansas at Little Rock Law Review

No abstract provided.

Standard Of Care For Students With Disabilities: The Intersection Of Liability Under The Idea And Tort Theories, Ralph D. Mawdsley J.D., Ph.D.

Brigham Young University Education and Law Journal

No abstract provided.

Access Granted: The Winkelman Case Ushers In A New Era In Parental Advocacy, Laura Mcneal

Brigham Young University Education and Law Journal

No abstract provided.

A Service-Learning Project: Disability, Access And Health Care, Elizabeth Pendo

Articles

Last summer, I was thinking about a public service project for my disability discrimination law course. I teach the course in fall, and try to incorporate a project each year. Integrating a public service project into a traditional doctrinal course fits within the trend toward expanding teaching techniques beyond the case method in order to better prepare students for the practice of law., It was also inspired in part by the Carnegie Foundation's 2007 report, "Educating Lawyers: Preparation for the Profession of Law," as a way to foster "civic professionalism," and to "[link] the interests of legal educators with the …

Data Note: Vocational Rehabilitation Employment Outcomes For Transition-Age Youth With Autism And Other Disabilities, Frank A. Smith, Jaime Lugas

Data Note Series, Institute for Community Inclusion

Youth with autism, like youth from other disability subgroups, often participate in state Vocational Rehabilitation (VR) programs to obtain employment. While youth with autism represent a small percentage of all VR closures, the number with autism who closed out of VR more than tripled between 2003 and 2008 (see figure). In this Data Note, we compare employment outcomes for two subgroups of youth who exited VR in FY 2008, those with autism and those with all other disabilities.

What Best To Protect Transsexuals From Discrimination: Using Current Legislation Or Adopting A New Judicial Framework, S. Elizabeth Malloy

Faculty Articles and Other Publications

This article specifically examines the issues and controversies that transsexual individuals have encountered as a result of their lack of protection under anti-discrimination laws, particularly the Americans with Disabilities Act (ADA) and Title VII. Part I is an overview of our society's binary sex/gender system and how this system serves to exclude and disenfranchise transsexuals. Part II examines the relationship between disability law and transsexuals, both explaining why they were excluded from the ADA and how state disability laws have provided more protection. Part III discusses how transsexuals have fared under a Title VII sex discrimination approach. This section also …

Tackling Disability Discrimination At Work: Toward A Systematic Approach, Dianne Pothier

Dianne Pothier Collection

Approaching disability discrimination in systemic terms is the most fundamental challenge that disability human rights law currently faces. Achieving fundamental change in relation to disability at work necessitates challenging able-bodied norms. To that end, a social construction of disability entails adapting the environment to meet the needs of those with a variety of dis-abilities. Tackling disability discrimination requires contesting what is deemed “normal” be­cause it is the way most able-bodied persons function, necessitating a thorough understanding of adverse effects discrimination, which looks behind purportedly neutral practices to uncover detrimental effects on those who do not function “normally”.

The fact that …

Are You Covered? The Need For Improvement In Insurance Coverage For Autism Spectrum Disorder, 44 J. Marshall L. Rev. 291 (2010), Marissa Mazza

UIC Law Review

No abstract provided.

Pleading Disability, Joseph Seiner

Faculty Publications

A significant failure. That is how the Americans with Disabilities Act ("ADA") has been described by legal scholars and disability advocates alike. The statute was widely expected to help prevent disability discrimination in employment, but it has not fully achieved its intended purpose because of the narrow interpretation of the ADA by the courts. Congress recently sought to restore the employment protections of the ADA by amending the statute. Interpreting the complex and comprehensive amendments to the ADA will be a difficult task for the federal courts. Complicating matters further, the proper pleading standard for disability claims was left in …

Book Review Of Cause Lawyering For People With Disabilites, Michael Ashley Stein, Michael E. Waterstone, David B. Wilkins

Faculty Publications

No abstract provided.

Regression By Progression Unleveling The Classroom Playing Field Through Cosmetic Neurology, Helia Garrido Hull

Faculty Scholarship

No abstract provided.

Rethinking Guardianship (Again): Substituted Decision Making As A Violation Of The Integration Mandate Of Title Ii Of The Americans With Disabilities Act, Leslie Salzman

University of Colorado Law Review

In every state, when an adult has a diminished capacity to make decisions about personal affairs or property management, a court may transfer the individual's right to make decisions to a guardian. This Article argues that, in most cases, it would be preferable to support decision making rather than supplant it through guardianship, and then seeks to locate a right to receive such support as a less restrictive alternative to the substituted decision making that characterizes guardianship. Building on the reasoning in Olmstead v. L.C. and subsequent decisions interpreting the Americans with Disabilities Act's integration mandate, this Article argues that …

Enfeebling The Ada: The Ada Amendments Act Of 2008, Jeffrey D. Jones

Oklahoma Law Review

No abstract provided.

Ten Federal Circuit Cases From 2009 That Veterans Benefits Attorneys Should Know, Paul R. Gugliuzza, Miguel F. Eaton, Sumon Dantiki

UF Law Faculty Publications

The Federal Circuit is the highest court to which veterans can appeal by right for benefits. In 2009, the Federal Circuit decided eighty-seven veterans cases (twelve percent of its overall docket). Twenty-six of those decisions were precedential opinions. There are approximately 23.4 million veterans in the United States, more than three million of whom receive disability compensation. And with two ongoing wars, plans to increase the size of the Army and Marine Corps, and recent legislation impacting the veterans claims process, the Federal Circuit will likely see an increase in veterans cases in the coming years.

Part I of this …

Vouchers For Students With Disabilities: The Future Of Special Education?, Wendy F. Hensel

Faculty Publications By Year

Many voices over the last decade have called for reform in special education in American public schools. As the number of those receiving services under the Individuals with Disabilities Education Act (“IDEA”) has grown, scholars and pundits have increasingly argued that the system not only is failing to meet the needs of many children with disabilities, but in some cases is actively causing harm to those it is intended to serve.

Over the last several years, an increasing number of state legislatures have proposed or have passed laws that give children with disabilities public money to attend a private school. …

Virtually Enabled: How Title Iii Of The Americans With Disabilities Act Might Be Applied To Online Virtual Worlds, Joshua Newton

Federal Communications Law Journal

The rise and popularity of online virtual worlds, such as World of Warcraft and Second Life, holds significant promise for people with disabilities. For people who are unable to easily leave home or travel, virtual worlds provide a public venue, wherein people may interact freely without the social stigma that accompanies disability. However, access to these virtual worlds may be inhibited by physical, visual, or aural impairments, and virtual-world developers can be hostile to modifying their products to mitigate these difficulties. Thus, some disability advocates have turned to Title III of the Americans with Disabilities Act, arguing that places of …

Spreading A Positive Message About Work, Earnings And Benefits Through Peer Networking: Findings From The Peer Employment Benefits Network, Jennifer Sullivan Sulewski, Rick Kugler, John Kramer

All Institute for Community Inclusion Publications

Misunderstanding and fears about the impact of earnings on benefits represent a significant barrier in the return-to-work efforts of people with disabilities. This pilot project evaluated an approach to spreading a positive message about work and dispelling myths about the effects of work on Social Security benefits through outreach and networking in the disability community. A peer leadership project was developed by enlisting 33 people with disabilities, mainly through disability advocacy organizations, who had experience with disability benefits. They received several days of basic training about work incentives, networking strategies, and community resources that support employment. These peer leaders then …

Decriminalizing Students With Disabilities, Dean Hill Rivkin

NYLS Law Review

No abstract provided.

Weight Discrimination: Disability Litigation And Public Policy, Tessa Jania

Public Interest Law Reporter

No abstract provided.

Shutting Off The School-To-Prison Pipeline For Status Offenders With Education-Related Disabilities, Joseph B. Tulman, Douglas M. Weck

NYLS Law Review

No abstract provided.