Disability Law Commons^™

Disability And Constitutional Legitimacy, Katherine A. Macfarlane

Washington Law Review

Disability classifications can take one of two forms. The more familiar form targets people with disabilities on account of their disability and harms them. This type of government classification receives deferential rational basis review and is therefore difficult to challenge. But government action that benefits people with disabilities also classifies on the basis of disability and receives rational basis review. This Article focuses on classifications that provide preferential treatment to disabled people precisely because of their disability—through disability affirmative action programs—and argues that their legitimacy is bolstered, not weakened, by the rational basis standard. It does so by distinguishing the …

Dating Among University Undergraduates Living With Disability In South-Western Nigeria, Usman A. Ojedokun, Bukunmi I. Oluborode, Lateef J. Adeyemo

The Journal of Social Encounters

In many university campuses in Nigeria, undergraduates living with disability are visible and functionally involved in academic, political, social, and religious activities. However, the social life of these students is hardly the focus of scholarly research. Therefore, this study explored dating behaviours among undergraduates of selected public universities in south-western Nigeria living with disability. The social disability model was employed as the conceptual framework. Data were elicited through in-depth interview and focus group discussion methods.  Findings showed that the choice of partners among undergraduates living with disability was guided by trust, communication, emotional safety, shared values, and acceptance of disability …

Bars To Asylum For Disabled And Criminalized Noncitizens: Particularly Serious Crimes And Mental Health Evidence In Immigration Court After Matter Of B-Z-R-, Elizabeth Jordan

University of Arkansas at Little Rock Law Review

A criminal conviction can prohibit a noncitizen from accessing certain forms of relief from deportation in immigration court. Notably, certain convictions may bar a noncitizen from asylum. But what happens when that conviction is based on the manifestation of mental health disabilities? This Article is the first to explore and critique the current immigration law framework for accounting for the criminalization of a noncitizen’s mental health disability, focusing primarily on the Attorney General’s recent decision In re B-Z-R- and the missed opportunity it represents to ensure that criminalized, disabled noncitizens are still able to access justice in the form of …

Who Cares For The Caregivers? How Dance And Movement Can Benefit Caregiving Parents Of Children With Intellectual/Developmental Disabilities: A Literature Review, Haley E. Gilbert

Expressive Therapies Theses

Caregiver parents of people with intellectual/developmental disabilities (IDD) are not able to care for themselves as often as they should be able to for their own mental and physical wellness due to their caregiving responsibilities that often carry into adulthood. These can lead to anxiety, depression, grief, and dysregulation for the parent. Dance and movement practices have been found to relieve the symptoms of these experiences while helping the child with IDD and the parent connect more, building stronger relationships. This thesis will include a comprehensive literature review of body-based theories such as the Polyvagal Theory (Polyvagal Institute, 2025), Bowlby’s …

The Chemical Straightjacket: Institutional Over-Use Of Psychotropic Drugs On Children In Lieu Of Therapeutic Community Mental Health Services, Marisa Leib-Neri

Indiana Journal of Law and Social Equality

This Article argues that the abysmal state of children’s mental health in America is in part due to an overreliance on and over prescription of psychotropic drugs inside psychiatric residential institutions in lieu of community based mental health services. This overreliance on residential institutions and psychotropic drugs has allowed a new form of chemical restraint to flourish—the chemical straitjacket. This Article uses the medication lists of twelve children in seven different North Carolina psychiatric residential treatment facilities to demonstrate how the chemical straitjacket operates: the prescription of drugs not approved for pediatric populations, counter to evidence-based practices for particular diagnoses, …

Crip The Law: Representation As A Key Component Of Liberation Lawyering, Marissa Ditkowsky

Indiana Journal of Law and Social Equality

No abstract provided.

A Bloody Mess: Why Blood Plasma Donation Centers Are Not Public Accommodations Subject To Title Iii Of The Americans With Disabilities Act, Kevin D. Marshall

Indiana Journal of Law and Social Equality

No abstract provided.

Menstruation, Menopause, And The Pregnant Workers Fairness Act, Marcy L. Karin, Deborah Widiss

Articles by Maurer Faculty

Some workplaces are extraordinarily inhospitable to menstruators, especially those in low-wage jobs. Workers have been denied restroom breaks and then harassed or fired after menstrual blood leaked onto their clothes or their employer’s property. Employers routinely refuse to provide accommodations for menopause symptoms or time off for menstruation-related medical care. The failure to support menstruators is a significant barrier to ensuring workplace equality. This Article explains how federal laws, including the landmark Pregnant Workers Fairness Act (PWFA), can—and should—be interpreted to help address these inequities. PWFA requires employers to provide “reasonable accommodations” for “pregnancy, childbirth, or related medical conditions.” Menstruation …

Love In The Disabilities Paradigm: A Normal Person’S Need For Healing, Randy Lee

Touro Law Review

We function in a disabilities paradigm where people are broken in a multitude of ways and where, having recognized their brokenness, we seek in our benevolence to remake these broken people in our own image. There is, however, another paradigm in which one might live, a paradigm of love. In that paradigm, people are not divided between “normal” and “broken” but live together on a common spectrum of light. In this paradigm, people are not so much “disabled” as they are waiting to be believed in, and in this paradigm, the greatest need for healing is in the capacity to …

A Holistic Treatment Team For Autism: The Professional Education Benefits Of A Medical-Legal Partnership For Autism Involving Students From Graduate Programs In Law, Applied Behavior Analysis, And Occupational Therapy, Melina Healey, Kayla Finuf, Karrie Lindeman, Rena B. Purohit, Linda Rini

Journal of Race, Gender, and Ethnicity

This article will outline the distinct special education and related service needs of children with autism and describe a new model for a medical-legal partnership tailored to address those needs and educate the professionals who work with children with autism. We will share results supporting the use of this model from a series of Interprofessional Education (“IPE”) case studies and consultations the authors conducted through interdisciplinary coursework shared among several graduate schools within Touro University. Part I explains the legal and client-centered framework within which the medical-legal partnership operates. Part II identifies the advantages of Applied Behavioral Analysis (ABA) and …

Private Religious Schools And Disability Discrimination, Kevin Timpe

University Faculty Publications and Creative Works

In the lead-up to the passing of the Americans with Disabilities Act (“ADA”), religious institutions and organizations lobbied to be exempt. Because they were successful in securing an exemption to most of the ADA’s requirements, religious private schools maintain the legal right to refuse admission to disabled students or to fail to give them various legal protections. After considering the arguments given in its favor, the paper critiques this exemption on moral grounds. It then suggests that these considerations should lead to a reexamination of the legal right such schools have to discriminate against disabled individuals, especially in those cases …

Changemakers: Steven Colantuono: Juris Doctorate: Embracing The Road To Success, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Handicapped Workers: Who Should Bear The Burden Of Proving Job Qualifications?, June Zellers Schau

Maine Law Review

Joining a growing number of jurisdictions in 1973, the Maine Legislature amended the fair employment sections of the Maine Human Rights Act (the MHRA) to extend equal employment opportunity protection to all physically disabled workers. Nearly a decade later the Maine Supreme Judicial Court, sitting as the Law Court, defined unlawful employer treatment of handicapped workers in Maine Human Rights Commission v. Canadian Pacific, Ltd. The Law Court held that an employment decision based on a worker's handicap constitutes an admission of discrimination that shifts the burden of persuasion to the employer to prove either that all workers with similar …

Understanding The Transitional Needs Of Servicemembers To Veterans: A Focus On Mental, Social, And Behavioral Health, Marieann C. Raguso

Theses and Dissertations

This applied dissertation was designed to fill the gaps on the transitional American veterans’ lived experience using their own voice. The reconstruction of an American Veteran’s identity after transitioning back into civilian life is a process with many challenges. Transitional practices often fail to help veterans to acculturate back into the civilian world. This includes the formulation of identities and associations. There is a lack of consistency in military transitional practices leading to identity loss and the formulation of mental and behavioral disorders. The aim of this study is to examine the lived experiences of veterans who have transitioned back …

Gut Check: Why Obesity Is Not A Disability Under Tennessee Law And How The Legislature Can Address The Obesity Epidemic, Jennifer Vallor

Tennessee Journal of Law and Policy

No abstract provided.

Barriers To Health Care Among Adults With Disabilities In Connecticut, Mary Beth Bruder Phd, Tara M. Lutz Phd, Kelly E. Ferreira Phd

Developmental Disabilities Network Journal

It is estimated that 25% of adults in the US are living with one or more disabilities. Persons with disabilities (PWD) have unmet health care needs, experience health disparities compared to those without disabilities. Barriers to quality health care include structural barriers such as access to transportation, physical access to facilities, and lack of accessible medical equipment. Other barriers include the knowledge, skills, beliefs, and attitudes of health care providers to meet the needs of PWD. To examine the barriers to health care experienced by adults with disabilities in Connecticut, the University of Connecticut Center for Excellence in Developmental Disabilities …

The Kids Are Not Alright: Negative Consequences Of Student Device And Account Surveillance, Ashley Peterson

Washington Law Review

In recent years, student surveillance has rapidly grown. As schools have experimented with new technologies, transitioned to remote and hybrid instruction, and faced pressure to protect student safety, they have increased surveillance of school accounts and school-issued devices. School surveillance extends beyond school premises to monitor student activities that occur off-campus. It reaches students’ most intimate data and spaces, including things students likely believe are private: internet searches, emails, and messages. This Comment focuses on the problems associated with off-campus surveillance of school accounts and school-issued devices, including chilling effects that fundamentally alter student behavior, reinforcement of the school-to-prison pipeline, …

The Role Of Human Rights Indicators In Assessing Compliance With The Un Convention On The Rights Of People With Disabilities, Arlene S. Kanter

Georgia Law Review

In recent years, international human rights treaties have come under attack for failing to fulfill their promise. While it may be true that human rights treaties have not realized their full potential in every case, there is little discussion about how to measure the impact of treaties. This Article explores the ways in which we measure compliance with human rights treaties, focusing on the Convention on the Rights of People with Disabilities (CRPD). The CRPD entered into force in 2008. Since then, 188 States Parties have ratified it. In addition, the Office of the High Commissioner for Human Rights recently …

Awakening To Activism: Exploring Disability Activism Through The Voices Of University Student Activists, Sophia Hirokawa

West Chester University Master’s Theses

In this study, I explored disability activist identity and activism through one-on-one, semi-structured qualitative interviews with four university activists who shared their personal stories of awakening to disability activism, using thematic analysis (Braun & Clarke, 2006) to explore themes. Each interviewee had a unique form of disability activist identity and a multifaceted process of awakening to that identity. They identified strengths in the disability activist community, such as a supportiveness, persistence, and uniqueness, but they also identified challenges, such as ineffectiveness of laws and policies, discrimination, and a lack of accessibility and awareness. The results of this study illuminate the …

Reimagining The Inclusive Jury, Anna Offit

Faculty Journal Articles and Book Chapters

At the height of the COVID-19 pandemic, everyday life for many Americans was upended. And yet, the jury trial remained viable — even vital. Faced with an era-defining public health disaster, courts innovated, embracing novel technologies and techniques to reimagine where and how justice might be made. But why did it take a pandemic to spur this kind of institutional creativity? Prior to the outbreak of COVID-19, people who were otherwise eligible to participate as jurors were routinely — and uncontroversially — struck or exempted from service due to limited mobility, vision and hearing loss, and caregiving responsibilities. Recent experience …

Differences Among Family And Professional Guardians: A Statewide Survey Of Characteristics, Training, And Practices Related To Decision-Making, Kristin Hamre, Derek Nord

Developmental Disabilities Network Journal

This cross-sectional study sought to examine the differences between family and professional guardians across personal and role characteristics, training received, and their inclusion of people they serve in decision making. A total of 237 subjects serving as guardian to adults in the state of Indiana completed an online survey. Results showed group differences across race, education, as well as diagnosis and age of those served. Overall, training was limited across both groups, and family guardians received significantly less training across several topics. Finally, family and professional guardians were found to significantly differ in their willingness to allow people they serve …

Special Education: Inclusion And Exclusion In The K-12 U.S. Educational System, Erik Brault

Dissertations

The U.S. Department of Education defines students with disabilities as those having a physical or mental impairment that substantially limits one or more life activities. Previous research has found that students with disabilities placed in inclusive environments perform better academically and socially compared to students with disabilities who are placed in segregated environments. Yet, we know that inclusion in K-12 general education classrooms across the country is not consistently implemented.

The purpose of this study was to better understand the effects, if any, of general education high school teachers’ personal and professional experiences and knowledge on their attitudes toward educating …

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 …

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 …

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 …

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 …

Flipping The Script As A Black Mother Living In My Community: A Self-Advocate's Perspective From Baltimore, Jessica Salmond

Developmental Disabilities Network Journal

No abstract provided.

The Disability Docket, Jasmine E. Harris, Karen M. Tani, Shira Wakschlag

American University Law Review

The monumental changes emanating from the contemporary Supreme Court have now generated abundant commentary—but it remains possible to glean new insights if we review the Court’s work from an alternative perspective, one that does not often inform mainstream accounts. Drawing on insights from Disability Legal Studies and other critical approaches to law, as well as from the trenches of disability advocacy and civil litigation, this Article applies a “disability lens” to the Supreme Court’s 2021 and 2022 Terms. Our review of the Court’s published decisions and broader docket suggests three themes. We highlight (1) the role of disability cases in …

Loving My Skin: A Self-Advocate’S Perspective From Dayton, Ohio, Shari Cooper

Developmental Disabilities Network Journal

No abstract provided.

The Proactive Model: How To Better Protect The Right To Special Education For Incarcerated Youth, John Bignotti

Indiana Law Journal

The Individuals with Disabilities Education Act (IDEA) guarantees access to a specialized, appropriate public education for youth with disabilities in the United States. While progress has been made and this right to education extends to incarcerated youth as well as those outside the juvenile justice system, there is nonetheless a fundamental limitation on how this federal requirement is imposed in the carceral context: it is enforced through primarily reactive mechanisms. Lawsuits, state compliance regimes, and consent decrees can hold states and juvenile facilities accountable after systemic failures to comply with the IDEA; however, the inherent inconsistency and slow pace of …