Disability Law Commons^™

Severe Mental Illness And The Death Penalty: A Menu Of Legislative Options, Richard J. Bonnie

Washington and Lee Journal of Civil Rights and Social Justice

In 2003, the American Bar Association established a Task Force on Mental Disability and the Death Penalty to further specify and implement the Supreme Court’s ruling banning execution of persons with intellectual disability and to consider an analogous ban against imposing the death penalty on defendants with severe mental disorders. The Task Force established formal links with the American Psychological Association, the American Psychiatric Association, and the National Alliance on Mental Illness and the final report was approved by the ABA and the participating organizations in 2005 and 2006. This brief article focuses primarily on diminished responsibility at the time …

Disability And Transnational Arbitration: Human Rights Linkages And Reasonable Accommodations, Ilias Bantekas

William & Mary Business Law Review

Disability intersects with arbitration as regards the mental capacity of a party to enter into an arbitration agreement, the appointment of arbitrators with disability and grounds for removal thereof, accommodations during arbitral proceedings for arbitrators and counsel with disabilities, as well as the costs for all appropriate accommodations. This Article demonstrates that the right to a fair trial, which is universally recognized in arbitration, dictates that parties and arbitral institutions be free to select arbitrators of their choice, and no impediments may be imposed against arbitrators with disabilities other than that they are able to fulfill the functions of their …

Take The Motherless Children Off The Street: Fetal Alcohol Syndrome And The Criminal Justice System, Michael L. Perlin, Heather Ellis Cucolo

Articles & Chapters

Remarkably, there has been minimal academic legal literature about the interplay between fetal alcohol syndrome disorder (FASD) and critical aspects of many criminal trials, including issues related to the role of experts, quality of counsel, competency to stand trial, the insanity defense, and sentencing and the death penalty. Nor has there been any literature about the interplay between FASD-related issues and the legal school of thought known as therapeutic jurisprudence.

In this article, the co-authors will first define fetal alcohol syndrome and explain its significance to the criminal justice system. We will then look at the specific role of experts …

Accessibility Of Medical School To Students With Physical Disabilities, Shelby A. Cowan

Senior Theses

This thesis is an exploration of perceived and institutional barriers to matriculation into medical school for students with physical disabilities. Factors such as the lived admissions experience, available accommodations and supportive resources, and legal considerations surrounding a student's disclosure of their disability are examined; however, future work is needed to better access this population of students and empower them to become physicians and use their unique perspective to benefit patients.

Introduction: Access To Healthcare Symposium, Yvonne F. Lindgren

Faculty Works

The four Articles in this Access to Healthcare symposium edition address the different ways that the U.S. healthcare delivery system is failing marginalized communities, including individuals who are disabled, who are birthing, who are women of color or represent another marginalized group, or who live in poverty. The result is a rich conversation that uncovers the complex systems that contribute to unequal access to health care and unjust disparities in health outcomes in the United States.

The Due Process Owed To Noncitizens: Standardizing The Burden In Sec. 1226(A) Bond Hearings With The Help Of Hernandez-Lara And Velasco Lopez, Sharon Shaji

Cardozo Law Review

No abstract provided.

Elderly Or Disabled Registered Sex Offenders: Are They Experiencing Cruel And Unusual Punishment Under Ohio Sex Offender Classification And Registration Laws?, Susana Tolentino

University of Cincinnati Law Review

No abstract provided.

Unacceptable Risk: The Failure Of Georgia’S “Guilty But Intellectually Disabled” Statute And A Call For Change, Logan Purvis

Georgia Law Review

In 1988, Georgia became the first state in the nation to prohibit the execution of intellectually disabled criminal defendants. At the time, this groundbreaking action played a critical role in shaping the national debate surrounding the criminal justice system’s treatment of this group of individuals, culminating in the United States Supreme Court’s own prohibition in 2002. A drafting error in Georgia’s statute, however, created a highly prejudicial process for determining intellectual disability, all but ensuring that the law’s protections are unattainable for those who seek it. Despite this error, Georgia’s process has remained the same since the statute’s enactment with …

Disability Law—From Stair Flights To Websites: An Argument For Amending The Americans With Disabilities Act To Include Title Vi That Applies To Online Spaces, Amelia Hensel

University of Arkansas at Little Rock Law Review

No abstract provided.

Beyond Title Vii: Litigating Harassment By Nonemployees Under The Ada And Adea, Kate Bradley

Washington Law Review

Employees in the United States are protected from unlawful harassment that rises to the level of a “hostile work environment.” Federal circuits recognize that employers could be liable under Title VII when their employees experience hostile work environments because of harassment from nonemployees. However, outside of Title VII, not all federal circuits have recognized that the Americans with Disabilities Act of 1990 (ADA) and Age Discrimination in Employment Act of 1967 (ADEA) protect employees from hostile work environments.

As a result, employees are vulnerable with respect to age and disability-based harassment. This Comment argues that all federal circuits should allow …

Cultural Humility And Cultural Brokering In Professional Training: Insights From People Of Color (Poc) And Persons With Disabilities (Pwd), Victoria Filingeri, Heather M. Mendez, Alisa Ssu Yu Lin, Gyasi Burks-Abbott, Amy Szarkowski, Jason Fogler

Developmental Disabilities Network Journal

This conceptual paper reflects the collaborative work of LEND trainees and faculty exploring the need to shift from “cultural competencies” to “cultural humility” in training programs. The authors draw on their lived experiences as members of racially/ethnically marginalized groups, members of the disability community, and advocates for equity in accessibility. Collectively, the authors highlight some of the challenges and opportunities in supporting diverse trainees in professional- and discipline-specific training programs. and in the provision of services the trainees provide to care-recipients across a variety of fields. This paper includes a series of case vignettes in order to: examine individual authors’ …

An Interactive Training Model To Promote Cultural Humility For Early Childhood Professionals, Anjali G. Ferguson, Chimdindu Ohayagha, Jackie Robinson Brock

Developmental Disabilities Network Journal

The disability population in the United States has grown, with an estimated 2.6 million households having at least one child with a disability in 2019 (Young, 2019). Racially minoritized children disproportionately represent disability categories with Black and Indigenous children being overdiagnosed with emotional disturbance disabilities (Oswald & Coutinho, 2001). Further, minoritized children often experience greater rates of complex trauma (Horowitz, Weine, & Jekel, 1995) and this exposure significantly impacts minoritized children’s mental health (Flannery, Wester, & Singer, 2004). Included in these social determinants of health are the impacts of racism and racial trauma. Racism has been associated with mental health …

Disability Decolonized: Indigenous Peoples Enacting Self-Determination, Nathan J. Rabang, Amy E. West, Eric Kurtz, Jim Warne, Vanessa Y. Hiratsuka

Developmental Disabilities Network Journal

Populations researched often have little if any input in the means of data collection, analysis, or authorship of the findings published. They are excluded from participating in the scientific methods even though they are the subject of the content that is being produced. This is true for Indigenous populations and the disability community around the globe. Researchers usually use colonial methodology that does not encompass the values of these communities or have their well-being in mind. This paper examines the history of colonization and how it has infiltrated science and inhibits self-determination of Indigenous peoples. Indigenous communities need to have …

Exploring Barriers To Diversity, Equity, And Inclusion In Communication Sciences And Disorders Students, Elizabeth Cleveland, Maysoon Biller, Natalie Benafield, Abigail Moss, Mackenzie Jordan, Mary Yang

Developmental Disabilities Network Journal

Introduction: This study investigated university students’ views of barriers and aids toward success in a communication sciences and disorders (CSD) program. The goal of this 11-question survey was to determine if there was a difference in types of barriers or aids between Black, Indigenous, and People of Color (BIPOC) students and White students.

Method: The Communication Sciences and Disorders - Diversity, Equity, and Inclusion (DEI) Survey participants were 62 speech-language pathology and audiology undergraduate and graduate students from a variety of backgrounds. Analyses identified students’ views toward barriers and aids to success in the university program as well as their …

The Promising Practice Of Cultural Brokering Support With Culturally Diverse Families Of Children With Developmental Disabilities: Perspectives From Families, Yali Pang, Dana V. Yarbrough

Developmental Disabilities Network Journal

Background and Purpose: The Parent to Parent model of support has been found to be effective with supporting families of children with DD in navigating complex systems, gaining emotional support, building positive resilience, sharing ideas and learning problem solving skills. Parent to Parent ties can be particularly strong when cultural capital is involved. This study presents a cultural brokering initiative embedded in the evidence-informed Parent to Parent support model that could be a promising practice to support culturally diverse families of children with DD.

Methods: This study used a mixed methods approach to examine the practice and outcomes of a …

Differential Access Of Young Children Of Immigrants To Special Education In Massachusetts, Cady Landa

Developmental Disabilities Network Journal

Accessing services for children with special needs is complex and challenging for even U.S.-born parents. Is it even more difficult for immigrant parents, and what are the consequences for their children? This article reports on a mixed methods approach to examining the access of immigrants’ children to special education and inclusive placement. A multivariate analysis of Massachusetts education data finds that children of immigrants are significantly less likely than children of U.S.-born parents to participate in special education. It also finds that among children who do participate in special education, children of immigrants are more likely to be in substantially …

Paths To Equity: Parents In Partnership With Ucedds Fostering Black Family Advocacy For Children On The Autism Spectrum, Elizabeth H. Morgan, Benita D. Shaw, Ida Winters, Chiffon King, Jazmin Burns, Aubyn Stahmer, Gail Chodron

Developmental Disabilities Network Journal

Racism and ableism have doubly affected Black families of children with developmental disabilities in their interactions with disability systems of supports and services (e.g., early intervention, mental health, education, medical systems). On average, Black autistic children are diagnosed three years later and are up to three times more likely to be misdiagnosed than their non-Hispanic White peers. Qualitative research provides evidence that systemic oppression, often attributed to intersectionality, can cause circumstances where Black disabled youth are doubly marginalized by policy and practice that perpetuates inequality. School discipline policies that criminalize Black students and inadequate medical assessments that improperly support Black …

Impartial Hearings Under The Idea: Updated Legal Issues And Answers, Perry A. Zirkel

Journal of the National Association of Administrative Law Judiciary

This updated question-and-answer document is specific to impartial hearing officers (IHOs) and the hearings that they conduct under the Individuals with Disabilities Education Act (IDEA). The coverage does not extend to the alternate third-party dispute decisional mechanism under the IDEA, the complaint resolution process (CRP) except to the extent that this alternative mechanism intersects with IHO issues. Similarly, the scope only extends secondarily to the IHO’s remedial authority, which is the subject of separate comprehensive coverage. The sources are largely limited to the pertinent IDEA legislation and regulations, court decisions, and the U.S. Department of Education’s Office of Special Education’s …

The Evolution Of Chapter 11: How Corporate Restructuring Has Evolved And Its Important Role In The Recovery Of A Struggling Economy, Eduardo Cervantes

DePaul Business & Commercial Law Journal

No abstract provided.

Covid-19 Vs. Constitution; Limited Government's Unlimited Response, John A. Losurdo

DePaul Business & Commercial Law Journal

No abstract provided.

The "No License, No Chips" Policy: When A Refusal To Deal Becomes Reasonable, Sheng Tong

DePaul Business & Commercial Law Journal

No abstract provided.

The Dark Triad: Private Benefits Of Control, Voting Caps And The Mandatory Takeover Rule, Jorge Brito Pereira

DePaul Business & Commercial Law Journal

No abstract provided.

Acknowledgments And A Note From The Editor, Matt Wappett

Developmental Disabilities Network Journal

NA

Effective Communication With Deaf, Hard Of Hearing, Blind, And Low Vision Incarcerated People, Civil Rights Litigation, Tessa Bialek, Margo Schlanger

Articles

Tens of thousands of people incarcerated in jails and prisons throughout the United States have one or more communication disabilities, a term that describes persons who are deaf, hard of hearing, blind, low vision, deafblind, speech disabled, or otherwise disabled in ways that affect communication. Incarceration is not easy for anyone, but the isolation and inflexibility of incarceration can be especially challenging, dangerous, and further disabling for persons with disabilities. Correctional entities must confront these challenges; the number of incarcerated persons with communication disabilities—already overrepresented in jails and prisons—continues to grow as a proportion. Federal antidiscrimination law obligates jails and …

P*Law 2023, Center For Public Service Law

2022–2023 Flyers

This document provides the complete schedule for P*LAW Week 2023 at Cardozo School of Law, organized by the Center for Public Service Law. Held from January 23 to January 26, the week featured panels, workshops, and interactive events addressing pressing issues in public interest law. Topics included judicial independence, disability rights, reproductive justice, climate legislation, student mental health, comprehensive sexual education, and qualified immunity. Events also offered students career support through the PILC Fair prep session and Mentor Mock Interviews, fostering professional growth and public service engagement.

Perez V. Sturgis Public Schools, Adriana A. Snedaker

Tennessee Law Review

The Individuals with Disabilities Education Act' ("IDEA") is a law that requires all students with disabilities to be provided with a free and appropriate education. 2 More specifically, IDEA "governs how states and public agencies provide early intervention, special education, and related services to" disabled youth. 3 However, the remedies available under IDEA are limited. Common remedies for violations of IDEA include tuition reimbursement, compensatory education, and attorney's fees. 4 Because monetary compensation is not available under IDEA, disabled students often have to bring a claim under other federal statutes, such as the Americans with Disabilities Act ("ADA") in order …

Outdated, Archaic, And Stereotypical: Current Medicaid Income And Asset Limits Discriminate Against Working Individuals With Disabilities, Megan Parker

Akron Law Student Publications

This article critically examines how existing Medicaid income and asset thresholds hinder individuals with disabilities from achieving economic independence. Drawing from her personal experiences, she highlights the challenges faced when employment opportunities threaten eligibility for essential healthcare benefits. The article underscores the tension between the objectives of the Americans with Disabilities Act (ADA) and the restrictive nature of current Medicaid policies, advocating for reforms that align with the principles of equality and self-sufficiency. Parker proposes policy changes, such as increasing income and asset limits and eliminating punitive measures like Medicaid Payback Trusts, to better support the economic advancement of individuals …

When Congress Passes The Buck: How Russia’S Invasion Of Ukraine Exposed Flaws In Granting The President Sanctioning Powers, Artem M. Joukov, Samantha M. Caspar

Seattle University Law Review

The United States (U.S.) Constitution provides few limitations on endowing the Executive Branch with powers to govern foreign trade, which was initially granted to the Legislature. In a world where global trade dominates, the power over foreign trade can be more important than the power over domestic matters. Leaving unrestrained trade authority to the Executive Branch may cause hazards for Americans and foreigners alike. Russia’s war in Ukraine demonstrates the flaws in permitting the Executive Branch to unilaterally sanction foreign states. This Article demonstrates how reactive Executive Branch policies infringed on the welfare and safety of American citizens and foreigners …

Pedaling Backwards: Examining The King County Board Of Health’S Choice To Repeal Its Bicycle Helmet Law, Schuyler M. Peters

Seattle University Law Review

In Part I, this Comment will explain the Helmet Law itself and the timeline that ultimately led to its repeal. Part II will focus on the positive impact of the Helmet Law, the dangers associated with the repeal, why the repeal should not have occurred in the manner it did, and what societal costs stem from the BOH’s decision. Part III will address the actions that must be taken to revoke this repeal and the reasons behind these alternative pathways, including an Equity Impact Review study specifically on the consequences of repeal, a collaborative outreach program to bring helmets to …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents