Disability Law Commons^™

Rape Of The Mentally Deficient: Satisfaction Of The Nonconsent Element, 15 J. Marshall L. Rev. 115 (1982), Susan L. Brody

UIC Law Review

No abstract provided.

The Handicapped Child's Right To A Free Appropriate Education: Defining The Limits Of Responsibility, Richard J. Buturla

Villanova Law Review (1956 - )

No abstract provided.

Administrative Law - Department Of Transportation Regulations Mandating That Mass Transit Systems Be Accessible To The Handicapped Are Beyond The Scope Of Section 504 Of The Rehabilitation Act, Kathleen A. Frederick

Villanova Law Review (1956 - )

No abstract provided.

Employment Discrimination And The Visually Impaired, David A. Yuckman

Washington and Lee Law Review

No abstract provided.

The Sterilization Rights Of Mental Retardates

Washington and Lee Law Review

No abstract provided.

"Arbeit Macht Frei:" Vocational Rehabilitation And The Release Of Virginia's Criminally Insane, Daryl B. Matthews, Patrick J. Coyne

University of Richmond Law Review

The release from confinement of persons acquitted by reason of insanity is one of the most perplexing problems of the criminal law. The insanity acquittee's release confronts our deepest fears, and the procedures which society employes in this process force us to face the difficult and often intractable issue of the responsibility of the criminally insane.

Sterilization Of The Developmentally Disabled: Shedding Some Myth-Conceptions, Deborah Hardin Ross

Florida State University Law Review

No abstract provided.

Rights For Developmentally Disabled Citizens: A Perspective For The 80s, H. Rutherford Turnbull Iii

University of Arkansas at Little Rock Law Review

No abstract provided.

Reviewing An Individual Habilitation Plan: A Lawyer's Guide, Marianne Bennett

University of Arkansas at Little Rock Law Review

No abstract provided.

Guardianship: Overcoming The Last Hurdle To Civil Rights For The Mentally Disabled, Sheryl Dicker

University of Arkansas at Little Rock Law Review

No abstract provided.

Aftermath Of The Dd Act: Is There Life After Pennhurst, The, Penelope A. Boyd

University of Arkansas at Little Rock Law Review

No abstract provided.

Introduction, L. Lynn Hogue

University of Arkansas at Little Rock Law Review

No abstract provided.

Implying A Cause Of Action Under Section 503 Of The Rehabilitation Act Of 1973, Michigan Law Review

Michigan Law Review

This Note urges courts to recognize a private right of action under section 503. Part I reviews all the evidence of legislative intent available today. It concludes that by now the congressional desire for a private right of action has become abundantly clear. Part II examines the more difficult issue of when that congressional desire crystallized into law. It finds ample reliable evidence that a private right of action has existed since Congress first passed section 503 in 1973.

Introduction, Symposium On Developmental Disabilities And The Law, L. Lynn Hogue

Faculty Publications By Year

No abstract provided.

Injection Or Rejection: The Right To Refuse Psychotropic Drugs, Howard Berger

In the Public Interest

No abstract provided.

Public Law 94-142 And The Texas Law., Ann Macmurray

St. Mary's Law Journal

Abstract Forthcoming.

Mental Retardation - Federal Statutory Right To Habilitation - State Statutory Right To Habilitation - Remedies, Julianne Hallenbeck Palmer

Duquesne Law Review

The United States Court of Appeals for the Third Circuit has held that federal and Pennsylvania statutory law grants mentally retarded persons a right to habilitation in the least restrictive environment.

Halderman v. Pennhurst State School & Hospital, 612 F.2d 84 (3d Cir. 1979), cert. granted, 100 S. Ct. 2984 (1980) (No. 79-1404).

The Privilege Against Self-Incrimination In Civil Commitment Proceedings, Marianne Wesson

Publications

No abstract provided.

The Institutionalized Child's Claim To Special Education: A Federal Codification Of The Right To Treatment, 56 U. Det. J. Urb. L. 337 (1979), Patrick A. Keenan, Celeste M. Hammond

UIC Law Open Access Faculty Scholarship

No abstract provided.

Legislation By Implication: The Exercise Of Legislative Authority Under The 1978 Amendments To Section 504 Of The Rehabilitation Act Of 1973, Nancy T. Ray

Kentucky Law Journal

No abstract provided.

Note: Enforcing The Right To An "Appropriate" Education: The Education For All Handicapped Children Act Of 1975, John G. Douglass

Law Faculty Publications

Congress passed the Education for All Handicapped Children Act of 197 in response to the need for increased funding brought about by the widespread recognition by courts and state legislatures of the right of handicapped children to an adequate education. Although the Act sets forth general requirements states must meet in order to qualify for receipt of federal funds, it does not prescribe the specific educational programs local schools must make available in order to fulfill those requirements. Instead, the heart of the federal control mechanism is a system of procedural .safeguards which provides for parental involvement in educational placement …

Employment Rights Of Handicapped Individuals: Statutory And Judicial Parameters, Toni M. Massaro

William & Mary Law Review

No abstract provided.

Postsecondary And Vocational Education Programs And The "Otherwise Qualified" Provision Of Section 504 Of The Rehabilitation Act Of 1973, Marc P. Charmatz, Andrew S. Penn

University of Michigan Journal of Law Reform

While the Rehabilitation Act defines a "handicapped individual,'' neither the language of section 504 nor its legislative history sheds much light on the exact meaning of the term ''otherwise qualified handicapped individual.'' This article will argue that the definition of this term must be broad enough to include severely handicapped persons, the primary group that Congress intended to benefit and protect in enacting section 504. Focussing on the area of postsecondary education, this article will argue that the interpretation developed in the Department of Health, Education and Welfare (HEW) Regulation most effectively fulfills the purposes which Congress intended in enacting …

The Cardozo Law Forum, Vol. 1, No. 1 (February 27, 1978), Benjamin N. Cardozo School Of Law

The Cardozo Law Forum

The inaugural issue of The Cardozo Law Forum, published February 27, 1978, features an interview with Dean Monrad Paulsen addressing the early development of the Benjamin N. Cardozo School of Law, faculty recruitment, library facilities, accessibility, and student employment opportunities. Additional coverage includes Law Student Association Senate proceedings, disability rights and Section 504 of the Rehabilitation Act of 1973, changes to New York election law, and international legal education. The issue also includes editorials, student commentary, letters to the editors, poetry, and announcements documenting student life and the early history of the Benjamin N. Cardozo School of Law.

Private Rights Of Action, 27 Depaul L. Rev. 1117 (1978), Michael P. Seng

UIC Law Open Access Faculty Scholarship

In order for Sections 503 and 504 of the Rehabilitation Act of 1973 to practically prohibit employment discrimination against handicapped persons, a broad array of effective and prompt remedies is needed. In this Article, the author examines judicial findings of legislative intent to create private causes of action in the enactment of various civil rights legislation and concludes that a private cause of action is an available mechanism to enforce the federal statutory scheme prohibiting discrimination in the employment of handicapped individuals. While Sections 503 and 504 are silent as to whether a private cause of action exists, Professor Seng …

Does The Constitution Mean What It Always Meant?, James W. Nickel, Stephen R. Munzer

Articles

No abstract provided.

The Wicked Witch Is Almost Dead: Buck V. Bell And The Sterilization Of Handicapped Persons, Robert L. Burgdorf, Mary Pearce Burgdorf

Journal Articles

Judgment at Nuremberg 1 concerned the criminal trial of a former German judge who, under Hitler's Third Reich, had ordered involuntary sexual sterilization operations to be performed upon Jewish men and women. In a famous scene from that screenplay and movie, the defense counsel, Rolfe, cross-examines a German law professor, Dr. Wieck, in regard to the legality of such practices: Rolfe (continuing) Dr. Wieck, you referred to "novel National Socialist measures introduced, among them sexual sterilization." Dr. Wieck, are you aware that this was not invented by National Socialism, but had been advanced for years before as a weapon in …

The Effect Of Representation In Nonadversary Proceedings -- A Study Of Three Disability Programs, William D. Popkin

Articles by Maurer Faculty

No abstract provided.

Legislative Notes: The Education Of All Handicapped Children Act Of 1975, Donald W. Keim

University of Michigan Journal of Law Reform

Part I reviews the landmark judicial decisions which have established the right of handicapped children to participate in free, public education. The basic provisions of the Education of All Handicapped Children Act of 1975 are then presented in Part II. The funding provisions are discussed in Part III with particular emphasis upon the tension between the promise of federal largesse and the expense of compliance with statutory and judicial requirements. Part IV reviews prior efforts to obtain judicial recognition of a substantive right to an appropriate education and suggests some ways in which the 1975 Act may alter the framework …

Termination Of Disability Benefit Payments Without A Prior Hearing Is Not Violative Of Due Process., William R. Crow Jr.

St. Mary's Law Journal

Abstract Forthcoming.