Disability Law Commons^™

Global Supply Chain Resilience In Emerging Technologies: A Case Study Of Bitcoin Mining, Kishanthi Parella, Carla L. Reyes

Seattle University Law Review

The United States has put into motion bold plans in critical and emerging technologies to bolster its national and economic security.  For example, the federal government created a national bitcoin strategic reserve and a stockpile of other cryptocurrency; while several states have committed to or are considering similar goals.  However, the security of these reserves is dependent on two types of supply chains within the Bitcoin mining industry: analogue supply chains, relating to the physical components needed for Bitcoin mining, and data supply chains, relating to the complex and layered logistical network of actors that create input into the software …

Third-Party Funding: Balancing Transparency, National Security, And Access To Justice, Victoria Shannon Sahani

Seattle University Law Review

Many lawmakers who have recently become aware of the multi-billion-dollar global third-party funding industry are raising new national security concerns that further complicate preexisting, longstanding debates about transparency, disclosure, access to justice, and the best way to regulate third-party funding. In response, this Article briefly asserts three main points relating to the question of how best to regulate third-party funding. First, this Article explains the third-party funding industry, including its global regulatory landscape and how it serves three distinct populations: consumers, businesses, and law firms. Second, this Article explains that third-party funding is one tool that can help expand access …

The Field Of International Business Transactions Law, Kathleen Claussen

Seattle University Law Review

This Article studies the evolution of the scholarly subfield referred to as the law of “international business transactions” (IBT). It reviews data on academic articles, courses, textbooks and other signifiers of the growth of this research area. Beginning around 1960, scholars began to use the term “international business transactions” and by the 1980s, several law schools were offering a course by that title. A handful of dedicated textbooks soon followed. These data reflect a gradual increase in research on the topic of IBT, particularly in the United States, but also considerable diversity of subject matters covered by those works. The …

Kim Gyeong-Seok And The Origins Of Northeast Asia’S Corporate Accountability Movement For War And Colonialism, Timothy Webster

Seattle University Law Review

For the past three decades, a transnational reparations movement has unfolded across Northeast Asia. Hundreds of victims—assisted by attorneys, academics, and activists—seek remedies from Japan for various atrocities committed during World War II, colonialism, and other historical injustices.  They press their claims in street protests, legislative hearings, dramatic performances, and other fora.  The “comfort women” are the best known of these claimants; their global redress campaign ex-tends from noisy protests outside of Japan’s embassy in Seoul, to mute statues in raucous boroughs of Berlin.  More obscure, though larger in number, were the roughly one million Koreans who performed forced labor …

Navigating Compliance In A Geopolitical Era: The Case Of Chinese Multinationals In The United States, Ji Li

Seattle University Law Review

This Article examines how Chinese multinational companies (MNCs) approach compliance in the United States amid deepening geo-political rivalry and intensified regulatory scrutiny. Drawing on original survey data, this Article maps variations in compliance structures, staffing, and governance mechanisms across Chinese firms and identifies key determinants such as industry-specific regulatory intensity, listing status, and organizational imprinting from headquarters. The analysis employs a dual institutional framework to explain how compliance systems emerge from the interplay between host-state regulatory demands and home-state institutional legacies, producing hybrid structures that blend local adaptation with headquarters-driven replication. Findings reveal that while certain compliance features—such as committee …

Volume 49 Masthead

Seattle University Law Review

Volume 49 Masthead

A Comparative Study Of Chinese And American Approaches To Shaping International Outer Space Law And Norms, Ariel G. Silverman

Seattle University Law Review

This article explores convergences and divergencies in the United States and PRC’s responses to the stalemate in the United Nations over the future of outer space resource governance. I do so by systematically analyzing these leading space-faring nations’ policy-positions and tactics deployed to shape norms around three substantive areas of outer space resource governance: rights of ownership and scope of utilization of space resources, mechanization of the “benefits sharing” principle, and the rights and responsibilities of the private sector. I theorize that these leading space-faring nations have adopted divergent approaches due to their differing historical relationships with international law and …

Table Of Contents

Seattle University Law Review

Table of Contents

We The People: Ending Subminimum Wage Through Alternative Means Where Legislation Has Failed, Heather N. Kainz

Student Scholarship

No abstract provided.

Los Sistemas De Apoyo Para Personas Indígenas Con Discapacidad Como Garantía De Derechos Lingüísticos Y Justicia Epistémica En México, Antonio R. Uc Galera

Journal of Maya Heritage

La derogación formal de la figura de interdicción consagrada en los Códigos Civiles Sustantivos y la implementación de figuras jurídicas novedosas como sistemas de apoyo y personas, representa de los avances más trascendentes en materia de discapacidad. Su aplicación legislativa impacta a las personas de las Comunidades Indígenas con discapacidad como garantía de derechos sus lingüísticos, ya que estas nuevas figuras jurídicas en materia civil brindan herramientas de comunicación, apoyos cognitivos y de comprensión, incluyendo lectura fácil, implementación de traductores, instrumentos que apoyan la movilidad, entre otros, según las necesidades de la persona en particular. Este artículo propone un análisis …

The Indispensable Role Of The Sister Disability Agencies: Safeguarding Progress And Enhancing Outcomes Through Collaboration, Lesley Cottrell, Susan Given, Christina E. Wiseman

Developmental Disabilities Network Journal

This manuscript emphasizes the critical importance of having a Disability Network of services—including University Centers for Excellence in Developmental Disabilities (UCEDDs), State Councils on Developmental Disabilities, and Protection & Advocacy organizations - in promoting systemic innovation and improved outcomes for individuals with developmental disabilities. Highlighting a case study from West Virginia, where collaboration between West Virginia University’s Center for Excellence in Disabilities, Disability Rights of West Virginia, and the West Virginia Developmental Disabilities Council has resulted in cost-effective, sustainable improvements, this paper underscores the urgent need to protect and expand these programs amidst current policy threats. The evidence underscores that …

Training On "Learn The Signs. Act Early." In Head Start And Early Head Start Shows Ineffective Without Supporting Implementation Policy, Kayla Livingston, Mary O'Donnell, Kate G. Barlow

Developmental Disabilities Network Journal

Early identification and intervention for children with developmental delays improves child outcomes, yet many children are not monitored, screened, or identified early despite its effectiveness. The relationship between the use of the Centers for Disease Control and Prevention’s “Learn the Signs. Act Early.” developmental monitoring program and referrals to intervention services is not well understood. This study investigated how “Learn the Signs. Act Early.” implementation practices within Massachusetts’ Head Start and Early Head Start agencies correlated with the rate of referrals to intervention services. Researchers utilized a non-experimental quantitative design. Secondary data on referral rates from Head Start and Early …

Educating Medical Trainees On Mental Healthcare And Intellectual And Developmental Disabilities, Andrea Palmieri, Joan B. Beasley, Micah Peace Urquilla, Jennifer Mclaren

Developmental Disabilities Network Journal

Many children and adults with intellectual and developmental disabilities (IDD) experience mental health conditions and commonly receive treatment with psychotropic medications. Prescribers often overuse these medications in children with IDD, who are frequently treated with polypharmacy and antipsychotics, a trend that continues into adulthood. Medical trainees receive little training regarding the IDD patient population. This paper describes the development and evaluation of an evidence-informed, easy-to-use training curriculum. The 6-hour training establishes a foundation for medical trainees regarding the treatment of mental health conditions in people with intellectual and developmental disabilities (IDD-MH) as part of an integrated health, interdisciplinary treatment approach. …

Disability Rights In Today's America, Benjamin N. Cardozo School Of Law

2025–2026 Flyers

No abstract provided.

The Disability History Of Brown V. Board Of Education, Britney R. Wilson

Washington and Lee Journal of Civil Rights and Social Justice

In 1952, two years before the Supreme Court of the United States decided Brown v. Board of Education, Black deaf students in Washington, D.C., who had been prohibited from attending the local school for white deaf students and forced to go to school in Maryland, won the right to be educated in their hometowns in Miller v. Board of Education of District of Columbia. Brown is heralded as one of the most important racial justice cases of all time. It overturned Plessy v. Ferguson’s longstanding “separate but equal” mandate and ruled that the segregation of students based …

The Broken Promise Of The Idea: How Delays And Disparities Undermine Special Education Rights, Silvia C. Montiel Morales

Washington and Lee Journal of Civil Rights and Social Justice

The Individuals with Disabilities Education Act (IDEA) was enacted to guarantee children with disabilities the right to a free appropriate public education. In practice, that promise is too often broken. Students, especially those from low-income families and communities of color, wait months or years for evaluations, attend underfunded schools that lack qualified staff, and face systemic barriers to enforcing their rights. Meanwhile, families with resources can sidestep delays through private testing, attorneys, and advocacy, leaving others behind. This Note examines how systemic delays, underfunding, and inequities in special education services undermine children’s rights under the statute. It argues that these …

Toxic Exposure, Judy Ann Clausen

UF Law Faculty Publications

Service members are often exposed to toxins in service. When they file claims for disability compensation, they struggle to link their diseases to toxic exposure while serving. Congress stepped in to ease their burden by creating presumptions, relieving the veterans of the burden of proving a nexus between the exposure and their disease. In 2022, Congress enacted the PACT Act which expanded presumptive service connection for veterans whose service involved exposure to toxic substances. But, for veterans whose conditions do not fall within these presumptions, problems with the Department of Veterans Affairs (“VA”) benefits adjudication system make it difficult to …

Foreword, Patricia B. Barnett

Journal of Race, Gender, and Equality

No abstract provided.

Things Humans Do: The Use Of Esds On Autistic Children, Jami L. Anderson

Journal of Race, Gender, and Equality

On March 26, 2024, the Food and Drug Administration (FDA) published a proposed rule (PR) that would ban the use of electrical stimulation devices (ESDs)—shock devices—for treatment of selfinjurious behavior (SIB) and aggressive behavior (AB). This PR was directed at Judge Rotenberg Education Center (JRC), a residential institution in Canton, Massachusetts, that treats children and young adults with profound intellectual and emotional impairments, most of whom are autistic. Medical evidence has well established that ESDs not only fail to treat SIB, but cause the rate and severity of SIB to worsen. This is the FDA’s second attempt to ban ESDs. …

From Advocacy To Inaction: Paradoxes Of The United States And The Convention On The Rights Of Persons With Disabilities, Elizabeth W. Raymakers

William & Mary Journal of Race, Gender, and Social Justice

This Note utilizes an analytical lens to consider why the United States never ratified the Convention on the Rights of Persons with Disabilities (CRPD). The Note first establishes the history of the CRPD and turns to the history of attempted ratification by the United States. By examining the legislative history of the Convention, as well as the U.S. engagement internationally leading up to and subsequent to the ratification attempts, this Note establishes a more nuanced understanding of the United States’ stance on the CRPD. Subsequently, by applying an analytical framework intended to identify manifestations of support for aspects of international …

The Asexual Assumption, Faith K. Whatley-Blaine, Michael S. Sinha

All Faculty Scholarship

Inclusion-focused dating shows such as ‘Love on the Spectrum’ feature individuals with developmental or neurological disabilities on a quest for love. Despite the focus on disability representation, these shows perpetuate stigma against the disabled community by fostering an infantilizing portrayal of individuals with disabilities. This portrayal undermines the premise of encouraging meaningful romantic relationships and reinforces the stigmatizing association of asexuality with disability. This framing aligns with the broader societal narrative that individuals with disabilities are incapable of or lack interest in participating in romantic relationships or physical intimacy.

The stigma that associates asexuality with disability extends beyond mere entertainment, …

The Case Against State Emotional Support Animal Documentation Laws, Krista Wirth

Animal Law Review

Under the Fair Housing Act (FHA), a tenant with a service animal or emotional support animal (ESA) may request a reasonable accommodation from their housing provider to have their assistance animal live with them in housing that might not otherwise permit animals. In recent years, several states have implemented laws that aim to address “fraudulent” emotional support animals (“state ESA laws”). These laws limit the types of acceptable verifying documentation or place requirements on a healthcare provider’s ability to produce documentation to verify an individual’s disability and disability related need for a support animal—documentation an individual often needs to support …

Blame It On The Algorithm (But Sue Them Both): Joint Enterprise And Agency In Ai-Driven Hiring Discrimination, Khushi Palan

American University Business Law Review

The proliferation of artificial intelligence (AI) in hiring processes has created a significant accountability gap in employment discrimination law. While federal statutes like Title VII of the Civil Rights Act, the Americans with Disabilities Act, and the Age Discrimination in Employment Act focus on finding liability for traditional employers, they fail to adequately address the unique role of third-party AI vendors whose algorithms often drive discriminatory outcomes. This Comment examines the emerging legal landscape through the lens of Mobley v. Workday, where the District Court for the Northern District of California recognized that AI vendors can function as “agents” of …

“Necessary” Jurisdiction: Veterans’ Rights In Article Iii Courts, Dana Montalto

American University Law Review

U.S. veterans should possess the same access to courts as other Americans, but a misreading of a federal law has led many veterans to be denied an opportunity to assert their civil rights in any judicial forum. That law—38 U.S.C. § 511—grants exclusive jurisdiction over certain federal veterans benefits appeals to a specialized Article I court, the Court of Appeals for Veterans Claims. But federal judges and Department of Veterans Affairs leaders have mistakenly interpreted that grant of exclusive jurisdiction to also close the door to Article III courts, leading veterans’ meritorious claims of systemic discrimination and injustice to be …

Let’S Talk About The Biological Reality Of Sex, Baby, John Parsi

FIU Law Review

Sex is at the very core of individual identity. It affects the conception of the self and the way others view the individual. Every day, one’s sex may open and close doors, access to communities, and opportunities. Laws that define sex may affirm scientific knowledge and protect people, or threaten to unravel the facts and the reality of sex. A deep unmooring of sex is underway, and this Article aims to halt it. On day one of the current presidential term, January 20, 2025, President Trump signed an Executive Order on “Defending Women from Gender Ideology Extremism and Restoring Biological …

Preserving Progress: Why The Dd Network Matters Now More Than Ever, Matt Wappett

Developmental Disabilities Network Journal

No abstract provided.

Conditional Admission And The Hazards Of Lawyer Assistance Programs Operating Without Transparency Or Oversight, Paula Schaefer

Oklahoma Law Review

No abstract provided.

Beyond Repeal Of Flsa Section 14(C): A Policy Path To Competitive Integrated Employment, Natalie Spear

Oklahoma Law Review

No abstract provided.

The Disability History Of Brown V. Board Of Education, Britney Wilson

Articles & Chapters

In 1952, two years before the Supreme Court of the United States decided Brown v. Board of Education, Black deaf students in Washington, D.C., who had been prohibited from attending the local school for white deaf students and forced to go to school in Maryland, won the right to be educated in their hometowns in Miller v. Board of Education of District of Columbia. Brown is heralded as one of the most important racial justice cases of all time. It overturned Plessy v. Ferguson's longstanding "separate but equal" mandate and ruled that the segregation of students based on race violates …

Understanding Florida's Hb 1105: What Parents Need To Know About The End Of Special Education Certificates Of Completion, Noelle Mercer, Valerie Sheehe, Joshua Wilkenson

Gator Team Child Juvenile Law Clinic

The goal of this white paper is to explain the implications of HB 1105 for students with disabilities and their families. It outlines the background of Florida’s previous graduation framework, describes the new diploma options now available, and explores both the potential benefits and challenges of this transition. Finally, it provides practical guidance for parents, including steps to take within Individualized Education Plan (IEP) meetings, questions to ask school administrators, and community resources that can assist families navigating this change.