Disability Law Commons^™

Bad, Bad Medicine—When A State’S Healthcare Infrastructure Violates The Integration Mandate Of The Americans With Disabilities Act, Anna Ylitalo

Chicago-Kent Law Review

No abstract provided.

More Than A Ramp: Rethinking School Design For Sensory And Cognitive Inclusion, Andrew Ho

University Honors Theses

This thesis advocates for the integration of the ASPECTSS framework, developed by Magda Mostafa, into legislative standards that would govern the design of educational environments that accommodate students with Autism Spectrum Disorder (ASD). Drawing on evidence from a case study demonstrating significant improvements in student behavior and overall satisfaction through ASPECTSS-based interventions, the thesis highlights the urgent need for these principles to move beyond voluntary adoption and rather, toward enforceable design mandates.

The ASPECTSS framework includes the seven following criterias; Acoustics, Spatial Sequencing, Escape Spaces, Compartmentalization, Transitions, Sensory Zoning, and Safety. This model provides a comprehensive and actionable approach to …

Deaf Faculty Members’ Experiences In Higher Education Institutions, Stephanie Proctor Horvath

Electronic Theses and Dissertations

Deaf faculty members bring diverse perspectives to higher education, yet their experiences remain underexplored in academic research. The critical first year of teaching can shape their career experiences, revealing both opportunities for growth and systemic barriers. The purpose of this study was to understand deaf faculty members’ experiences, focusing on their transition into academic roles, the accommodations provided in their workplaces, and the challenges they faced. This study employed a qualitative phenomenological design, utilizing semi-structured interviews with 15 Deaf faculty members, whose teaching experience ranges from 1 to 30 years. In the reflexive thematic analysis and AI-coding of this data, …

What Are The Influential Factors In The Settlement Process For Due Process Disputes Under The Individuals With Disabilities Education Act?, Perry A. Zirkel, Ann Vevier Lockwood, Linling Shen

Akron Law Review

This article reports on the background, method, findings, and implications of a national survey of parent-side attorneys, mediators, and school-side attorneys who all have extensive experience in the settlement of special education disputes. The focus is on identifying the major factors that influence whether these disputes are settled in the context of due process hearings.

Volume 48 Masthead

Seattle University Law Review

Volume 48 Masthead

Keynote Address: Community Over Constitution, Riddhi Mukhopadhyay

Seattle University Law Review

In this keynote address, Riddhi Mukhopadhyay challenges the veneration of the U.S. Constitution by highlighting its origins in exclusion and its continued failure to protect marginalized communities. Drawing from her experience in civil legal aid and gender justice, she argues that the Constitution was drafted to consolidate power among white, wealthy men and continues to reflect that legacy through racial, gender, and class-based inequities. While acknowledging the significance of constitutional amendments and landmark cases, Mukhopadhyay emphasizes that meaningful change has always come from community-led action, not top-down reform. Additionally, Mukhopadhyay calls on lawyers and legal advocates to center community, practice …

The Lost Child: A Critique On Transracial Adoption Rhetoric, Hallie Conyers-Tucker

Seattle University Law Review

Transracial adoption in the United States reflects a deeply rooted history of colonialism, cultural assimilation, and racial hierarchy, masked by rhetoric focused on the “best interest of the child.” The author critiques that rhetoric and traces how adoption practices and policies, both domestic and international, have evolved to reinforce systemic inequities. Through historical analysis of the forced adoption of Native American, Black, and Asian children, it reveals how the best interest standard has been wielded not to protect children but to uphold political and racial ideologies. The author argues that the prevailing adoption framework relies on child-saving and color-blind narratives …

A Global Reconstruction: Black Internationalism And The Human Rights Regime, Britta Redwood

Seattle University Law Review

Black American advocates for civil, political, and economic rights have long taken an internationalist approach and fostered connections with international organizations and transnational movements. This engagement has also been a generative force and played role in shaping international law. Beginning in the early years of the twentieth century, Black intellectuals and leaders, spearheaded by the NAACP and the UNIA, focused on human rights as a means for addressing and repairing the harms wrought by slavery, Jim Crow, and racism. From the Paris Peace Conference of 1919 through the Universal Declaration of Human Rights, the Genocide Convention, and the drafting of …

The Gap: Addressing The Missing Piece In HawaiʻI’S Anti-Discrimination Laws On Credit And Lending, Wendy Mun

Seattle University Law Review

This author addresses the significant gap in Hawaiʻi’s anti-discrimination laws, specifically the lack of explicit protections for LGBTQ+ individuals against credit and lending discrimination. Although federal laws like the Equal Credit Opportunity Act (ECOA) and recent interpretations by the Consumer Financial Protection Bureau (CFPB) extend some protections, they remain vulnerable to shifting federal priorities and interpretations. The author explores how other states, particularly California and Washington, have enacted robust statutory protections that clearly prohibit credit discrimination based on sexual orientation and gender identity. They argue that Hawaiʻi, despite its large LGBTQ+ population, must amend its credit protection laws to reflect …

The U.S. Drug Policy Hamster Wheel: A Critical Discourse Analysis Of Seattle’S New Drug Ordinance, Hallie Conyers-Tucker

Seattle University Law Review

The author critically examines Seattle’s new drug ordinance using Critical Discourse Analysis (CDA) to reveal how legislative language influences the policy's actual effect. Although the ordinance claims to prioritize diversion and community health, the use of permissive language such as “may” and “shall” grants broad discretionary power to law enforcement and undermines the stated intent. The author situates the ordinance within a broader historical context, highlighting how drug policy in the United States has consistently been shaped by racialized and stigmatizing narratives. Additionally, the author argues that meaningful reform requires reframing the discourse around substance use to support public health …

Something Concrete: How Labor Advocates Can Best Respond To The Ambiguity Of Glacier Northwest, Ateş Serifsoy

Seattle University Law Review

The Supreme Court’s much-anticipated decision in Glacier North-west, Inc. v. International Brotherhood of Teamsters Local No. 174 (Glacier) marked a critical moment for workers’ rights under the National Labor Relations Act (NLRA) and the longstanding practice of Garmon preemption. Yet, initial fears of a significant rollback of workers’ rights, driven by sensational headlines, were met with an unexpectedly narrow Court opinion. This Comment examines Glacier’s implications for Gar-mon preemption and the right to strike. It offers the historical background of the doctrine of labor law preemption before Glacier; presents a detailed analysis of Glacier itself, including its …

A New Exclusionary Rule To Protect Bodily Integrity And Discourage Pretext Stops, Josephine Ross

Seattle University Law Review

The author proposes a novel state-level exclusionary rule to reduce racial profiling and protect bodily autonomy during police encounters. The current Fourth Amendment jurisprudence fails to deter pretextual stops and frisks because the exclusionary rule often turns on officer fault and "good faith," allowing racially motivated practices to go unchecked. As federal rollbacks on diversity and data collection hinder efforts to track racial bias, the author argues for a statutory evidentiary rule that automatically excludes drug evidence found during (1) traffic stops, (2) pat-downs for weapons, and (3) consent searches, regardless of an officer’s intent or the legality of the …

Navahine V. HawaiʻI Dept. Of Transportation: The Keiki Will Lead Us, Catherine Smith

Seattle University Law Review

The author analyzes the landmark case Navahine v. Hawaiʻi Department of Transportation, which culminated in the world’s first constitutional climate settlement. Catherine Smith, serving as an expert for the youth plaintiffs, situates the case within Hawaiʻi’s legal tradition of prioritizing children’s rights and intergenerational equity. She explores the evolution of children’s constitutional protections, contrasting Hawaiʻi’s progressive jurisprudence with the dominant adult-centric legal framework on the mainland. She critiques four recurring analytical missteps in U.S. courts that marginalize children’s interests and highlights Hawaiʻi’s public trust doctrine and cultural values, such as the Aloha Spirit, as models for addressing climate-related harms. …

Constitutional Futurism As Pedagogy, Jeremiah Chin

Seattle University Law Review

Constitutional Law has transformed from a course on history to a discussion of current events. Cases like Students for Fair Admissions v. Harvard College, Dobbs v. Jackson Women’s Health Organization, and Loper Bright Enterprises v. Raimondo reveal that the study of constitutional law is not a static, or even linear, discussion of constitutional text and history. Law is a shifting, changing enterprise that reflects social constructions of power, authority, and identity. How do we teach, learn, and understand constitutional law that is so laden with history, riddled with theories of consistency and adherence to precedent, but ultimately subject …

Table Of Contents

Seattle University Law Review

Table of Contents

Can The Law Protect My Craft? How Gaps In Copyright Of Knitting Patterns Symbolize A Greater Struggle For Protecting Traditionally Feminine Forms Of Intellectual Property, Kysa Walzer

Seattle University Law Review

The purpose of this article is to demonstrate the application of intel-lectual property rights within the context of copyright protection of knit-ting patterns. The article will discuss the underutilization of copyright pro-tection for knitters and crafters and its larger impact upon craft and indus-try traditionally comprised of women. Part I introduces knitting patterns and a short history of copyright protections. Part II discusses the specific areas within knitting patterns and the knitting community which give rise to legal grey areas for copyright protection. Part III discusses the larger implications of copyright and intellectual property in spaces where women traditionally make …

Digital Danger For People With Visual Disabilities: Online Adhesion Contracts And The Lack Of Web Accessibility Standards, Narmina Aliyev

Cardozo Law Review

Since Title III of the American with Disabilities Act was enacted, the landscape of where people with disabilities may experience discrimination has grown even larger. With the digital world expanding rapidly, people with visual disabilities face unique dangers presented by inaccessible websites and the lack of federal web accessibility standards. While courts across the nation scatter to find balance in protecting the rights of people with disabilities without overburdening businesses, Congress’s failure to legislate web accessibility standards, and the Department of Justice’s ineffective enforcement mechanisms propel misunderstanding and confusion among those affected by this legal gap. Specifically, the growing presence …

Exonerations For Wrongfully Convicted Disabled Inmates: The Path To Salvation Is Paved With Bad Intentions, Marc Consalo

Nevada Law Journal

No abstract provided.

Crip Time, Castoriadis, And Transcending The Duty To Accommodate In The Workplace, Ravi Malhotra, Jacqueline Moizer

Dalhousie Law Journal

Disabled people often experience time in a manner that is distinct from able-bodied individuals. Disabled people may have shorter careers, have difficulty maintaining full-time employment, and may be forced to work part-time due to the impact of their impairments. Many disabled people face considerable barriers every day in accessing services to participate fully in the workplace, including accessible transportation and attendant services. These underfunded services are often late if delivered at all, wreaking havoc on the ability of workers with disabilities to plan their day and make firm commitments. Yet disability scholars have attempted to reclaim this experience as one …

Keynote: Promoting Disability Equality Behind Bars, Margo Schlanger

Nevada Law Journal

No abstract provided.

The Lre Provision Of Idea's Impact On Deaf Students' Socio-Emotional Satisfaction In K-12th Grade Education, Shealyn Junge

Undergraduate University Honors Capstones

The education of Deaf and Hard of Hearing (DHH) students represents a unique challenge in implementing inclusive practices that balance physical integration with meaningful language and communication access. The Individuals with Disabilities Education Act’s Least Restrictive Environment (LRE) provision reflects a federal commitment to educating students with disabilities alongside their non-disabled peers whenever possible. This mixed-methods study examined how mainstream, co-enrollment settings, and Deaf schools shape the socio-emotional development of DHH students, including those transitioning between settings. While participants across placements reported increasing DHH identity pride, their social experiences diverged markedly: mainstream-educated participants universally reported loneliness by high school. Deaf …

Enhancing Digital Accessibility For Deaf Or Hard Of Hearing Learners- Innovative Strategies For Inclusive Education, Felicia Rutledge Ph.D.

Developmental Disabilities Network Journal

This research-to-practice brief explores innovative strategies to enhance digital accessibility for Deaf or Hard of Hearing (D/HH) learners, focusing on practical applications for inclusive K-12 education. Despite advances in digital learning, D/HH learners face unique barriers due to auditory-centered designs. Accessibility legislation such as the ADA, Section 504, and IDEA mandate educational inclusion for these learners. Key strategies include the integration of assistive technologies (e.g., captioning, ASL video interpretation), the application of the Universal Design for Learning (UDL) 3.0 guidelines, and adherence to WCAG 2.1 principles for accessible content design. The research-to-practice brief provides actionable insights for educators, administrators, and …

Shifting To A Culture Of Inclusion By Design: Applying A Mixed-Methods Approach To Advance Accessibility Of Public Health Emergency Information & Communication Technology, Jessica L. Franks, Erin Vinoski Thomas

Developmental Disabilities Network Journal

Adults with intellectual and developmental disabilities (IDD) experience inequities in access to timely, accurate, and understandable information and communication technology (ICT), which increases risk for public health emergency (PHE)-related health disparities and impedes opportunities to achieve optimal health. This study assessed federal COVID-19 webpage accessibility levels and explored existing knowledge of and experience with filing accessibility complaints for federal ICT among adults with IDD. Through a mixed-methods approach, we evaluated compliance with accessibility standards for 18 federal agencies’ COVID-19 webpages (study 1) and interviewed 16 adults with IDD about experiences accessing federal webpages and filing accessibility complaints (study 2). We …

Access To Idea Data By People With Disabilities, For People With Disabilities, Johan Rempel, Fred Edora

Developmental Disabilities Network Journal

The Rhonda Weiss Center for Accessible IDEA Data’s (Weiss Center) mission is to improve state capacity to collect, report, analyze, and use IDEA data in accessible formats for individuals with disabilities. IDEA stands for Individuals with Disabilities Education Act. One of the ways we at the Weiss Center aim to achieve this is through the development and adoption of our Accessible Data Analysis and Publishing Tool (ADAPT). States are responsible for numerous federal reporting requirements on performance indicators related to infants, toddlers, and children with disabilities. States often have limited capacity and resources to ensure this data is fully accessible. …

Editorial: Digital Accessibility Practices Guided By Past Models And Modern Research, Cynthia Curry, Jared Smith

Developmental Disabilities Network Journal

No abstract provided.

Digital Accessibility: A Critical Imperative For Inclusive Information Access, Matt Wappett

Developmental Disabilities Network Journal

No abstract provided.

No Lawyer, No Jail: A Critical Case Study Of Pragmatism And The Flaws Of “Purposeful” Decision Making In Argersinger V. Hamlin, Alisa Smith, Sarah K. Stice

Seattle University Law Review

By releasing conference notes and internal communications, Supreme Court Justices provide insight into the otherwise private decisionmaking process, shedding light on how case outcomes and legal reasoning are framed and negotiated. The watershed case of Argersinger v. Hamlin (1972) extended the constitutional right to counsel to some, but not all, misdemeanor defendants. The case was argued twice, and the Court relied on empirical and authoritative sources to answer complex and practical questions about requiring counsel. This case study employs critical discourse analysis to uncover what influenced the Justices’ decisions and how they framed, shaped, and constructed social realities to foreground …

The Race To Erase: Destruction Of Government Documents Undermines Freedom-Of-Information Laws, Frank D. Lomonte

Seattle University Law Review

In August 2019, reporters with Chattanooga’s daily newspaper, the Times Free Press, filed what seemed to be a routine request for access to emails and other public records held by their local county government. The seemingly unremarkable request set the newspaper’s staff on a months-long journey of unpleasant surprises. The first was a demand to pay the county $717 in advance before being allowed to inspect the documents. The second was that—during prolonged haggling over the fee assessment— the county attorney’s office simply destroyed almost all of the disputed records. Third, and most glaringly, the journalists discovered that Tennessee law …

When You’Re Arrested For A Felony In Seattle, You’Ll Meet Me., Austin Field

Seattle University Law Review

In this Essay, Austin Field, a practicing public defender, uses a first-person perspective to describe what it is like to meet a criminal defendant for the first time. He explains the process from start to finish, detailing everything from the way he introduces himself to how bail works.

"I’ll ask you for your name. Most of the time, you tell me. I check your name against my list. On any given day I’m supposed to interview between five and fifteen people. I have a lot of questions for you. We only have about ten minutes."

The Public Square In A Private-Property Obsessed Country: What New York City’S Pops Regulations Get Right And Why Other Cities Should (Mostly) Copy Them, Carson Mcgregor

Seattle University Law Review

When New York City (NYC) was first becoming the metropolitan monolith it is today, it had a problem: the city streets were chock full of skyscrapers, and sunlight, air, and usable open space were at a premium. In response, the City promulgated its first Privately Owned Public Spaces (POPS) regulations, which allowed developers to build skyward in exchange for providing public space on the street level. Unfortunately, in July of 2023, the New York Times (NYT) discovered that New Yorkers received only a fraction of what they were promised. Building owners received billions of dollars’ worth of added floor space, …