Disability Law Commons^™

Title Vii Discrimination Actions: Applicable Or Inapplicable To The Partnership Decision? Hishon V. King & Spalding, Gus Yogmour

Akron Law Review

An underlying premise of a partnership is that it is a strictly voluntary association between two or more persons for a business purpose. The concept that a partnership can be forced against its will to accept another individual into the organization as a partner is repugnant to the underlying premise of voluntariness of association. One purpose of Title VII of The Civil Rights Act of 1964 is to prohibit discrimination on the basis of sex and to place men and women on an equal footing. In order for this equal footing to exist, an individual's capabilities can be the only …

The Burlington Decision: A Vehicle To Enforce Free Appropriate Public Education For The Handicapped, Martha A. Motsco

Akron Law Review

This note will present an overview of early case law relevant to the Education of the Handicapped Act ("EHA"), discuss the facts and rationale of the Burlington v. Department of Education decision, and analyze the implications of Burlington as they relate to implementing the EHA in the future.

Understanding Disability Under The Convention On The Rights Of Persons With Disabilities And Its Impact On International Refugee And Asylum Law, Vandana Peterson

Georgia Journal of International & Comparative Law

No abstract provided.

Pre-Employment Inquiries: Drug Testing, Alcohol Screening, Physical Exams, Honesty Testing, Genetics Screening - Do They Discriminate? An Empirical Study, Donald H. Stone

Akron Law Review

Statistics serve as a reminder that many disabled people continue to face obstacles in gaining access into the employment arena. This Article will reveal how disabled persons are at greater risk when employers increase their screening and testing arsenal in the job selection area.

Disabilities, Law Schools, And Law Students: A Proactive And Holistic Approach, Kevin H. Smith

Akron Law Review

The understandable and laudable desire of law schools to comply with federal laws and regulations forbidding discrimination against, and requiring the provision of reasonable accommodations to, qualified disabled law students has diverted attention from the range of disabilities possessed by law students and the spectrum of issues raised by disabled students in law school. This article is intended to serve as a starting point and a means to stimulate the needed examination and discussion.

Buckhannon Board And Care Home, Inc. V. West Virginia Department Of Health And Human Resources: To The Prevailing Party Goes The Spoils . . . And The Attorney's Fee!, Robin Stanley

Akron Law Review

This Note examines the definition of “prevailing party” as defined by the Supreme Court’s majority in Buckhannon Board & Care Home, Inc. v. West Virginia Department of Health & Human Resources where the case resulted in something short of a judgment on the merits. Part II provides a historical background of fee-shifting statutes, the development of fee-shifting in the United States, and the expansion of the catalyst theory by the district courts for prevailing parties under feeshifting statutes. Part III provides a statement of the facts, including the procedural history and the Supreme Court’s decision in Buckhannon. Finally, Part IV …

Partnerships In Employment National Transition Systems Change Project: Building A Transition-To-Employment Agenda, Institute For Community Inclusion, University Of Massachusetts Boston

All Institute for Community Inclusion Publications

The national Partnerships in Employment (PIE) National Transition Systems Change Project was established in 2011 by the Administration on Intellectual and Developmental Disabilities. This five-year project focuses on improving, developing, and implementing policies and practices that raise community expectations and overall employment outcomes for youth with intellectual/developmental disabilities (I/DD). Now in the last phase of the funding cycle, the eight state projects involved in the PIE initiative (Alaska, California, Iowa, Mississippi, Missouri, New York, Tennessee, and Wisconsin) are uniquely positioned to provide youth employment recommendations to federal, state, and local agencies. In this document, we share several of the findings …

Fair Play For Those Who Need It Most: Athletic Opportunities For High School Student Athletes With Disabilities, Ian Forster

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Neuroscience And Health Law: An Integrative Approach, Stacey A. Tovino J.D., Ph.D.

Akron Law Review

Neuroscience is one of the fastest growing scientific fields in terms of the numbers of scientists and the knowledge being gained. In recent years, both the scope of neuroscience and the methodologies employed by neuroscientists have broadly expanded, from biochemical and genetic analysis of individual nerve cells and their molecular constituents, to the imaging of brain structure and function. Perhaps the most significant recent neuroscientific achievement is the ability of neuroimaging technologies, including functional magnetic resonance imaging (fMRI), to image brain function. Clinicians and scientists use fMRI not only to map sensory, motor, and cognitive function, but also to study …

Asperger's Disorder, High-Functioning Autism, And Guardianship In Ohio, Michael E. Bloom

Akron Law Review

Early in the 1940s, two men, worlds apart and unaware of each other’s work, used the term “autism” to describe children that had remarkably similar characteristics, namely core impairments in socialization, communication, and imagination. In the United States in 1943, Leo Kanner published an account of “early infantile autism,” describing children with impaired social interaction, impaired communication, and stereotyped behaviors and interests.Kanner’s children seemed to relate better to objects than people. In Austria in 1944, Hans Asperger used the term “autistic psychopathy” to describe children with impaired social interaction, behavioral oddities, and poor coordination. Asperger’s children, who displayed no delay …

Law And The Revolution In Neuroscience: An Early Look At The Field, Henry T. Greely

Akron Law Review

Several of the articles in this symposium consider different aspects of the intersection of neuroscience and testing for deception. Professor Joelle Moreno’s article provides an important philosophic link for those thinking about the role of the academy in evaluating novel scientific evidence such as neuroscience. Noting that “profound validity questions divide cognitive neuroscientists,” Professor Moreno cautions against ready admission of cognitive neuroscience evidence, recognizing that the images presented may be far more persuasive to judges and juries than they legitimately should be. Quoting studies on the effect of neuroscience evidence in forming opinions, she reminds readers that cognitive neuroscience evidence …

Increasing Organizational Accountability And Performance: Activity Tracking For Employment Consultants, Alberto Migliore, Kelly Nye-Lengerman, Jeanine Pavlak, Steve Aalto, Thinkwork! At The Institute For Community Inclusion At Umass Boston

ThinkWork! Publications

No abstract provided.

Re-Evaluating The Role Of Companion Animals In The Era Of The Aging Boomer, Rebecca J. Huss

Akron Law Review

This Article is divided into four substantive parts. Part II considers the role of pets in the United States and the impact of companion animals in the lives of seniors. Part III analyzes issues that the elderly may face in keeping or interacting with companion animals in their residences. Part IV analyzes federal laws that ensure that persons with disabilities using service and assistance animals will have access to public accommodations and housing. Part V of this Article considers risks and ethical issues involved with having animals in the lives of the elderly.

"The Shameful Wall Of Exclusion": How Solitary Confinement For Inmates With Mental Illness Violates The Americans With Disabilities Act, Jessica Knowles

Washington Law Review

Although solitary confinement is conventionally challenged under the “cruel and unusual” standard of the Eighth Amendment, this approach presents several intractable legal hurdles to successful claims. The Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12101 et seq., and its precursor, the Rehabilitation Act, provide innovative and non-constitutional causes of action for inmates with mental illness1 to challenge their solitary confinement. It is estimated that at least thirty percent of inmates in solitary confinement are mentally ill, a high percentage that is due to both the disproportionate number of mentally ill inmates who are isolated from the general prison population …

Transportation For Students With Disabilities, Charles J. Russo, Allan G. Osborne Jr.

Educational Leadership Faculty Publications

Transportation and other related services for students with disabilities are essential, and the costs associated with their delivery can weigh heavily on district budgets and the minds of school business officials.

School districts typically offer transportation to students with disabilities in district-owned and -operated vehicles, in vehicles owned and operated by private service providers, or via public transportation; occasionally, districts may enter into contracts with parents to transport their children to school. When students are unable to access the standard modes of transportation, school officials must make special transportation arrangements. According to the Individuals with Disabilities Education Act (IDEA) regulations, …

An Idea For Special Education: Why The Idea Should Have Primacy Over The Ada In Adjudicating Education Claims For Students With Disabilities, Angela Estrella-Lemus

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Are The Outcomes Of Hearing (And Review) Officer Decisions Different For Pro Se And Represented Parents?, Perry A. Zirkel

Journal of the National Association of Administrative Law Judiciary

The Individuals with Disabilities Education Act (IDEA) provides states with the option of having one or two tiers of administrative adjudication prior to the judicial level of dispute resolution. Although the numbers of states that have only a hearing officer level and those that additionally have a second tier, i.e., review officer level, have fluctuated, the net direction and overall balance has been clearly in favor of a one-tier system. Although originally established as a relatively informal and expedited means of adjudication in comparison to the courts, these administrative levels have become increasingly legalized. Given the costs of legal representation …

Autism Charter Schools: Legally Vulnerable Or Viable?, Janet R. Decker, Keshia Seitz, Bruce Kulwicki

Indiana Journal of Law and Social Equality

Perhaps due to the dramatic increase in children diagnosed with autism, a new type of charter school has emerged that is designed to specifically serve students with autism. If these autism charter schools illegally segregate students with autism from typically developing peers, they are vulnerable to legal challenges. In this Article, we identified many constitutional and statutory violations that could exist at autism charter schools; however, our review of the litigation found that autism charter schools have not been challenged for these legal violations. Instead, we found only one charter school case alleging segregation based on ability level and eight …

Partnerships In Employment: Supporting Adults With Intellectual And Developmental Disabilities In Their Communities, Jean Winsor, Jennifer Sulewski, Karen Flippo, John Butterworth

All Institute for Community Inclusion Publications

This report highlights the latest strategies and best practices to better support adults with intellectual and developmental disabilities (I/DD) living and working in their community.

Emerging Practices, Transition: Interagency Collaboration (Issue Number 1 Of 8), Jean Winsor, Cady Landa, Thinkwork! At The Institute For Community Inclusion At Umass Boston

All Institute for Community Inclusion Publications

In October 2011, the Administration on Developmental Disabilities awarded grants to lead agencies in six states: California, Iowa, Mississippi, Missouri, New York, and Wisconsin. Two additional states, Alaska and Tennessee, received grants in October 2012. These states proposed activities to spur improved employment and post-secondary outcomes for youth with intellectual and developmental disabilities (IDD). The Institute for Community Inclusion and the National Association of State Directors of Developmental Disabilities Services are providing training and technical assistance (TA) to the eight state projects through the Partnerships in Employment (PIE) Training and TA Center.

Partnerships project work is framed by the High …

Emerging Practices, Transition: Training And Technical Assistance (Issue Number 7 Of 8), Cady Landa, Thinkwork! At The Institute For Community Inclusion At Umass Boston

All Institute for Community Inclusion Publications

In October 2011, the Administration on Developmental Disabilities awarded grants to lead agencies in six states: California, Iowa, Mississippi, Missouri, New York, and Wisconsin. Two additional states, Alaska and Tennessee, received grants in October 2012. These states proposed activities to spur improved employment and post-secondary outcomes for youth with intellectual and developmental disabilities (IDD). The Institute for Community Inclusion and the National Association of State Directors of Developmental Disabilities Services are providing training and technical assistance (TA) to the eight state projects through the Partnerships in Employment (PIE) Training and TA Center.

Partnerships project work is framed by the High …

Emerging Practices, Transition: Strategic Goals And Operating Policies (Issue Number 3 Of 8), Karen Flippo, Thinkwork! At The Institute For Community Inclusion At Umass Boston

All Institute for Community Inclusion Publications

In October 2011, the Administration on Developmental Disabilities awarded grants to lead agencies in six states: California, Iowa, Mississippi, Missouri, New York, and Wisconsin. Two additional states, Alaska and Tennessee, received grants in October 2012. These states proposed activities to spur improved employment and post-secondary outcomes for youth with intellectual and developmental disabilities (IDD). The Institute for Community Inclusion and the National Association of State Directors of Developmental Disabilities Services are providing training and technical assistance (TA) to the eight state projects through the Partnerships in Employment (PIE) Training and TA Center.

Partnerships project work is framed by the High …

Emerging Practices, Transition: Leadership (Issue Number 2 Of 8), Karen Flippo, Thinkwork! At The Institute For Community Inclusion At Umass Boston

All Institute for Community Inclusion Publications

In October 2011, the Administration on Developmental Disabilities awarded grants to lead agencies in six states: California, Iowa, Mississippi, Missouri, New York, and Wisconsin. Two additional states, Alaska and Tennessee, received grants in October 2012. These states proposed activities to spur improved employment and post-secondary outcomes for youth with intellectual and developmental disabilities (IDD). The Institute for Community Inclusion and the National Association of State Directors of Developmental Disabilities Services are providing training and technical assistance (TA) to the eight state projects through the Partnerships in Employment (PIE) Training and TA Center.

Partnerships project work is framed by the High …

Emerging Practices, Transition: Funding Mechanisms (Issue Number 5 Of 8), Jean Winsor, Thinkwork! At The Institute For Community Inclusion At Umass Boston

All Institute for Community Inclusion Publications

In October 2011, the Administration on Developmental Disabilities awarded grants to lead agencies in six states: California, Iowa, Mississippi, Missouri, New York, and Wisconsin. Two additional states, Alaska and Tennessee, received grants in October 2012. These states proposed activities to spur improved employment and post-secondary outcomes for youth with intellectual and developmental disabilities (IDD). The Institute for Community Inclusion and the National Association of State Directors of Developmental Disabilities Services are providing training and technical assistance (TA) to the eight state projects through the Partnerships in Employment (PIE) Training and TA Center.

Partnerships project work is framed by the High …

Emerging Practices, Transition: Services And Service Innovations (Issue Number 6 Of 8), Cady Landa, Thinkwork! At The Institute For Community Inclusion At Umass Boston

All Institute for Community Inclusion Publications

In October 2011, the Administration on Developmental Disabilities awarded grants to lead agencies in six states: California, Iowa, Mississippi, Missouri, New York, and Wisconsin. Two additional states, Alaska and Tennessee, received grants in October 2012. These states proposed activities to spur improved employment and post-secondary outcomes for youth with intellectual and developmental disabilities (IDD). The Institute for Community Inclusion and the National Association of State Directors of Developmental Disabilities Services are providing training and technical assistance (TA) to the eight state projects through the Partnerships in Employment (PIE) Training and TA Center.

Partnerships project work is framed by the High …

Emerging Practices, Transition: Youth Leadership And Family Engagement (Issue Number 8 Of 8), Cady Landa, Thinkwork! At The Institute For Community Inclusion At Umass Boston

All Institute for Community Inclusion Publications

In October 2011, the Administration on Developmental Disabilities awarded grants to lead agencies in six states: California, Iowa, Mississippi, Missouri, New York, and Wisconsin. Two additional states, Alaska and Tennessee, received grants in October 2012. These states proposed activities to spur improved employment and post-secondary outcomes for youth with intellectual and developmental disabilities (IDD). The Institute for Community Inclusion and the National Association of State Directors of Developmental Disabilities Services are providing training and technical assistance (TA) to the eight state projects through the Partnerships in Employment (PIE) Training and TA Center.

Partnerships project work is framed by the High …

Emerging Practices, Transition: Performance Measurement And Data Management (Issue Number 4 Of 8), Cady Landa, Thinkwork! At The Institute For Community Inclusion At Umass Boston

All Institute for Community Inclusion Publications

In October 2011, the Administration on Developmental Disabilities awarded grants to lead agencies in six states: California, Iowa, Mississippi, Missouri, New York, and Wisconsin. Two additional states, Alaska and Tennessee, received grants in October 2012. These states proposed activities to spur improved employment and post-secondary outcomes for youth with intellectual and developmental disabilities (IDD). The Institute for Community Inclusion and the National Association of State Directors of Developmental Disabilities Services are providing training and technical assistance (TA) to the eight state projects through the Partnerships in Employment (PIE) Training and TA Center.

Partnerships project work is framed by the High …

There's No Place Like Work: How Modern Technology Is Changing The Judiciary's Approach To Work-At-Home Arrangements As An Ada Accommodation, Benjamin D. Johnson

University of Richmond Law Review

No abstract provided.

Shelby, Race, And Disability Rights, Ravi Malhotra

Journal of Race, Gender, and Ethnicity

No abstract provided.

Exhibits To Accompany Testimony & Statement Of Dean Hill Rivkin Before The Senate Judiciary Committee (21 April 2015), Dean H. Rivkin

College of Law Faculty Scholarship

Exhibits to accompany testimony and statement-of-record of Professor Dean Hill Rivkin (The University of Tennessee College of Law), as submitted on April 21, 2015, before a hearing convened by the U.S. Senate Committee on the Judiciary: “Improving Accountability and Oversight of Juvenile Justice Grants.”