Disability Law Commons^™

Bonner V. Lewis: Testing Society's Commitment To Aid Individuals With Handicaps, Steven J. Wright

BYU Law Review

No abstract provided.

Aids And Government: A Plan Of Action?, Taunya Lovell Banks

Michigan Law Review

A Review of Report of the Presidential Commission on the Human Immunodeficiency Virus Epidemic by Washington: U.S. Government Printing Office

Discrimination Against Families With Children And Handicapped Persons Under The 1988 Amendments To The Fair Housing Act, 22 J. Marshall L. Rev. 541 (1989), Michael P. Seng

UIC Law Review

No abstract provided.

Postpartum Psychosis As A Defense To Infant Murder, Barbara E. Rosenberg

Touro Law Review

No abstract provided.

The Church, The State, And The Eha: Educating The Handicapped In Light Of The Establishment Clause, Thomas F. Guernsey, M. Grey Sweeney

Law Faculty Publications

All parents have the basic right to guide the educational future of their children. Prior to the 1970s, however, it was not unusual for the parents of a handicapped child to find it difficult, if not impossible, to provide their child with a genuine opportunity to learn. Despite the Supreme Court's proclamation in 1954 that education, "where the state has undertaken to provide it, is a right which must be made available to all on equal terms," handicapped children were routinely excluded from public education or segregated within it. Congress, responding to the increasingly vocal call for equal education, took …

Athlete Agent Regulation: Proposed Legislative Revisions And The Need For Reforms Beyond Legislation, Kenneth L. Shropshire

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Does Competency Matter After Charters?, Michael L. Perlin, Michael L. Perlin

Articles & Chapters

No abstract provided.

The Judge Who Could Not Tell His Right From His Left And Other Tales Of Learning Disabilities, Jeffry Gallet

Buffalo Law Review

No abstract provided.

The Rehabilitation Act Of 1973: Focusing The Definition Of A Handicapped Individual, Anna P. Engh

William & Mary Law Review

No abstract provided.

Terminating The Rights Of Mentally Retarded Parents: Severing The Ties That Bind, 22 J. Marshall L. Rev. 133 (1988), Patricia Werner

UIC Law Review

No abstract provided.

Does Ohio Provide Autistic Children A Free Appropriate Public Education, Sheila M. Mccarthy

Journal of Law and Health

Autistic children are handicapped children within the meaning of the EAHCS, therefore, they are entitled to receive "free appropriate public education." This Note will discuss whether Ohio currently provides autistic children a "free appropriate public education" in accordance with the EAHCA. Ohio's parallel statute, the State Education of Handicapped Act (State Act), is compared to similar legislation currently existing in various other states throughout the United States. Areas in the State Act needing clarification are scrutinized and stutory revisions are recommended. This Note concludes that Ohio should adopt additional safeguards to ensure that autistic children receive a "free appropriate public …

Lack Of Judicial Review Of Veterans' Administration Disability Claims: Is The Proposed Veterans' Administration Adjudication Procedure And Judicial Review Act The Answer, 21 J. Marshall L. Rev. 673 (1988), Michael A. Babiarz

UIC Law Review

No abstract provided.

A Response To "Two Puzzles", Carl E. Schneider

Book Chapters

In his stimulating paper, Professor Mnookin suggests that the legal issue of neonatal euthanasia may be seen in terms of two puzzles: First, what accounts for the ''striking dichotomy between the law on the books, which apparently outlaws such conduct, and the law in action, which apparently permits it"? Second, why has "the treatment of severely handicapped newborns . . . evoked such a violent storm in the last few years"? Professor Mnookin resolves the first puzzle by suggesting that the ''dichotomy between the law on the books and the law in action may serve as a pragmatic, although not …

Mental Impairments And The Rehabilitation Act Of 1973, David Allen Larson

Faculty Scholarship

This article examines the question of whether an asserted mental disorder should be regarded as a statutory impairment. The article begins by outlining the Rehabilitation Act and by discussing the diagnostic difficulties that exist in the mental health field. It then surveys specific cases arising under the Rehabilitation Act. Selected cases reviewing state statutory language are also examined. The article provides a broad discussion of the questions and concerns that must be considered when formulating a nondiscrimination policy protecting mentally impaired persons. It concludes by suggesting an approach for handling cases alleging discrimination due to a mental impairment.

When The Teachers And Parents Can’T Agree, Who Really Decides? Burdens Of Proof And Standards Of Review Under The Education For All Handicapped Children Act, Thomas F. Guernsey

Law Faculty Publications

In 1975, the United States Congress passed, and President Ford signed into law, the Education for All Handicapped Children Act (hereinafter the Act or EAHCA). The key provision of the Act was that each handicapped child was entitled to a Free and Appropriate Public Education (hereinafter FAPE). Congress provided extensive procedural protections to ensure that the school authorities provided children with a FAPE. The extensive procedural protections included parental participation in most decisions affecting the child's educational program. ...

Annual Survey Of Virginia Law: Handicap Law, Donald H. Stone

University of Richmond Law Review

Disabled persons represent approximately fifteen percent of the population of the United States, making this minority group one of the largest in American society. In Virginia, it is estimated that there are 750,000 disabled persons. Most of these people are dependent upon some form of governmental services ranging from state funded residential placement to more subtle accommodation such as a wheelchair ramp to provide access to public buildings. The degree to which handicapped citizens are integrated into the mainstream of society depends upon the availability of these services and the implementation of laws insuring access to them.

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

Improving Handicappers' Civil Rights In Michigan--Preventing Discrimination Through Accommodation, Aldebaran Bouse Enloe

University of Michigan Journal of Law Reform

Part I of this Note explains the development of· the current state of handicappers' civil rights law in Michigan, beginning with legislative initiatives and progressing to administrative and judicial decisions. Part II analyzes traditional antidiscrimination theory and suggests how that theory can be adapted to handicappers. By examining hypothetical situations, Part III exposes the disparity between the current state of the law in Michigan and the proposed theoretical analysis and suggests amendments to the MHCRA to reconcile this disparity.

The Least Restrictive Alternative: A Theory Of Justice For The Mentally Retarded, Eric D. Paulsrud

University of Arkansas at Little Rock Law Review

No abstract provided.

A Specialized Court For Social Security? A Critique Of Recent Proposals, Robert E. Rains

Florida State University Law Review

In this Article Professor Rains evaluates the recent proposals for the creation of a Social Security Court. He evaluates the existing administrative and judicial system for the review of social security claims in light of recent problems. Finally, Professors Rains suggests that many of the present difficulties with the system can be solved by reform of the Social Security Administration’s review process rather than creation of an Article I court.

Federal And State Handicapped Discrimination Laws: Toward An Accommodating Legal Framework, Michael J. Kaufman

Loyola University Chicago Law Journal

No abstract provided.

Discrimination Against Children With Special Health Care Needs: Title V Crippled Children's Services Programs And Section 504 Of The Rehabilitation Act Of 1973, Phillip H. Snelling

Loyola University Chicago Law Journal

No abstract provided.

Civil Rights For The Blind: Equal Access For Guide Dog Users, Leonard D. Duboff

NYLS Journal of Human Rights

No abstract provided.

Permanent Disability Benefits In Workers' Compensation, Monroe Berkowitz, John F. Burton

Upjohn Press

Berkowitz and Burton provide a detailed examination of the adequacy and equity of permanent partial disability benefits, and the efficiency of the system delivering those benefits. A ten-state study is presented that examines states' criteria for awarding scheduled and nonscheduled benefits. Three of those states are then used for a wage-loss study illustrating the relationship among workers' disability ratings, the workers' WC benefits, and losses of earnings caused by work-related injuries.

Ten Years After: Evolving Mental Health Advocacy And Judicial Trends, Michael L. Perlin

Articles & Chapters

No abstract provided.

The Elwood Case: Vindicating The Educational Rights Of The Disabled, A. Wayne Mackay

Articles, Book Chapters, & Popular Press

The guarantees of the Charter of Rights affect the definition of education for the disabled. The case of Elwood v. Halifax County - Bedford District School Board, a landmark case in educational rights of disabled children in Canada, has major implications for educational practice.

One of the earliest and most controversial Charter of Rights challenges to the existing educational structure has come from parents of disabled children. Disabled children and their parents are blazing a trail to define educational rights in Canada, and the process is giving some shape to the the elusive concept of equality enshrined in the …

The Plight Of The Handicapped Infant: The Federal Response, William C. Mims

University of Baltimore Law Review

No abstract provided.

Can Mental Health Professionals Predict Judicial Decisionmaking? Constitutional And Tort Liability Aspects Of The Right Of The Institutionalized Mentally Disabled To Refuse Treatment: On The Cutting Edge, Michael L. Perlin

Touro Law Review

No abstract provided.

Barriers To Providing Effective Treatment: A Critique Of Revisions In Procedural,Substantive, And Dispositional Criteria In Involuntary Civil Commitment, Donald H. J. Hermann

Vanderbilt Law Review

Anyone spending time in a major urban center in the United States must be shocked by the significant number of mentally ill persons living on the streets--the "bag people" who sleep in door-ways, on steam grates, on subway stairs. These people represent a new lifestyle made possible in part by a policy of deinstitutionalization of the mentally ill, which has been motivated largely by economic considerations and rationalized as a matter of mental health law reform. Another major factor contributing to the increasing denial of treatment to the mentally ill has been a revision of the mental health statutes. A …

Sterilization Of Mentally Retarded Persons: Reproductive Rights And Family Privacy, Elizabeth S. Scott

Faculty Scholarship

Sterilization is one of the most frequently chosen forms of contraception in the world; many persons who do not want to have children select this simple, safe, and effective means of avoiding unwanted pregnancy. For individuals who are mentally disabled, however, sterilization has more ominous associations. Until recently, involuntary sterilization was used as a weapon of the state in the war against mental deficiency. Under eugenic sterilization laws in effect in many states, retarded persons were routinely sterilized without their consent or knowledge.

Sterilization law has undergone a radical transformation in recent years. Influenced by a distaste for eugenic sterilization …