Disability Law Commons^™

Equality In Germany And The United States, Edward J. Eberle

San Diego International Law Journal

This Article will proceed as follows. Part I will describe the methodology and approach of American and German equality law. The constitutional Courts of both countries value equality highly, resulting in strong and well developed jurisprudence. Each of the Courts employ a sliding scale of judicial scrutiny with the degree of scrutiny varying with the trait or personal interest affected by the governmental measure. Strict or extremely intensive scrutiny applies to measures targeting personal traits that especially affect a person's identity, like race, national heritage, or alienage under United States law, and race, sex, gender, language, national origin, disability, faith, …

State Laws For Due Process Hearings Under The Individuals With Disabilities Education Act, Perry A. Zirkel

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Bringing Employment First To Scale: State Of The Science As A Knowledge Translation Strategy, John Kramer, Caro Narby, Thinkwork! At The Institute For Community Inclusion At Umass Boston

ThinkWork! Publications

To synthesize our findings to date, the ThinkWork team at ICI developed 3 draft papers that captured the core themes from our RRTC on Advancing Employment for Individuals with Intellectual and/or Developmental Disabilities (IDD). We asked experts in the field to weigh in on these papers, and then broadly disseminated the papers to multiple audiences. Our primary goal was to engage with a diverse group with a range of perspectives and experiences, including fellow researchers, state agency employees, rehabilitation providers, and individuals with IDD and their families. To reach this goal we used a Knowledge Translation (KT) process. KT has …

Bringing Employment First To Scale: Writing For Families: Tips To Increase The Impact Of Training Materials, Jennifer Bose, John Kramer, Thinkwork! At The Institute For Community Inclusion At Umass Boston

ThinkWork! Publications

This brief covers some of the lessons learned in reviewing literature designed to engage with families about employment. It suggests some tips and strategies to use with families to increase effective involvement and collaboration.

Building An Evidence-Based, Holistic Approach To Advancing Integrated Employment, Allison C. Hall, John Butterworth, Jean Winsor, John Kramer, Kelly Nye-Lengerman, Jaimie Ciulla Timmons, Thinkwork! At The Institute For Community Inclusion At Umass Boston

ThinkWork! Publications

Since the introduction of supported employment in the Developmental Disabilities Act of 1984 and the Rehabilitation Act Amendments of 1986, there has been continued development and refinement of best practices in employment services and supports. Progress includes creative outcomes for individuals with significant support needs including customized jobs and self-employment, community rehabilitation providers that have shifted emphasis to integrated employment, and states that have made a substantial investment in Employment First policy and strategy. Despite these achievements, the promise of integrated employment remains elusive for the majority of individuals with intellectual and developmental disabilities. The number of individuals supported in …

Strengthening Employment Services For Job Seekers With Intellectual And Developmental Disabilities (Bringing Employment First To Scale, No 15), Alberto Migliore, Kelly Nye-Lengerman, Oliver Lyons, John Butterworth, Thinkwork! At The Institute For Community Inclusion At Umass Boston

ThinkWork! Publications

Strengthening the effectiveness of employment services for job seekers with disabilities is key for improving their employment outcomes and their financial self-sufficiency. The purpose of this brief is to examine the quality of employment services available to job seekers with disabilities, and to offer recommendations for improvement. Findings are from a longitudinal study that involved 61 employment 37 employment programs in 17 states. Data were collected through a survey employment specialists, delivered to the job developers, or participants’ business developers. smartphones every work day for one year. Based on these findings and the literature about effective employment support practices, we …

The Pro Bono Collaborative Project Spotlight: Rwu Law Alums Providing Pro Bono Through The Pbc (September 20, 2018), Roger Williams University School Of Law

Pro Bono Collaborative Staff Publications

No abstract provided.

From Storefront To Dashboard: The Use Of The Americans With Disabilities Act To Govern Websites, Kelby S. Carlson

Catholic University Law Review

The question of the effects of technological change on the interpretation of statutes is a complicated one. Particularly for statutes that govern a broad range of issues, the advent of new technology can precipitate re-examination of the rationale behind, and nature of, the relevant law. The Americans with Disabilities Act was enacted, in part, to give Americans with disabilities greater access to public space, allowing them to enjoy the advantages such access offers on an equal footing with the able-bodied. The adoption of digital technology across society and, in particular, the widespread ubiquity of the internet now raise questions about …

Guest Editors' Introduction To The Special Issue, Diversity In Aquatics, Angela K. Beale-Tawfeeq, Steven N. Waller Ph.D., Austin Anderson

International Journal of Aquatic Research and Education

This is the introductory editorial leading off the special issue, "Diversity in Aquatics."

Meshing Employment Services, John Kramer, Thinkwork! At The Institute For Community Inclusion At Umass Boston, Nicole Jorwic, Nancy Mercer, Jill Pierce, Kevin Walker

ThinkWork! Publications

Working with vocational rehab, DDS, and community agencies to secure community employment with the supports you need for success!

“Who Will Judge The Many When The Game Isthrough?”: Considering The Profound Differencesbetween Mental Health Courts And “Traditional”Involuntary Civil Commitment Courts, Michael L. Perlin

Seattle University Law Review

For forty years, we have known that involuntary civil commitment hearings are—in most jurisdictions—“charades.” When the Supreme Court noted, in Parham v. J.R., that the average length of a civil commitment hearing ranged from 3.8 to 9.2 minutes, the reaction of many who had done these cases was, “What? So long?!” The characterization of such hearings as being a “greased runway” to a state institution has never been disputed. Lawyers representing these individuals were bored or contemptuous; judges simply wanted to get cases moving; opposing counsel looked at their wrist watches to see when the cases would be done. This …

50 Years Later—The State Of Civil Rights And Opportunity In America, Catherine E. Lhamon

Minnesota Journal of Law & Inequality

Abridged Transcript, The Summit for Civil Rights, November 9, 2017

The Victimization Of The Misconceived: The Mentally Ill In The Criminal Justice System, Margarita Trejo

Themis: Research Journal of Justice Studies and Forensic Science

It is unfortunate to say that the number of people who suffer from a serious mental illness has been drastically increasing in the criminal justice system since the late 1960s. This drastic change has captivated the minds of the public, forced them to develop a fallacious stereotype, and labeled the mentally ill population as wrongdoers. This image, however, is inaccurate. In reality, these people are the victims of a broken system. This paper establishes the victimization that a person with a serious mental illness experiences as they are processed through the criminal justice system. The following elaborates how victimization is …

Litigating Trauma As Disability In American Schools, Taylor N. Mullaney

Northwestern Journal of Law & Social Policy

No abstract provided.

Bodies On The Margins: A Multitude Of Voices, Kevin Timpe

University Faculty Publications and Creative Works

Kevin Timpe Reviews Elizabeth Barnes’ The Minority Body: A Theory of Disability

When Courts Run Amuck: A Book Review Of Unequal: How America's Courts Undermine Discrimination Law By Sandra F. Sperino And Suja A. Thomas (Oxford 2017), Theresa M. Beiner

Texas A&M Law Review

In Unequal: How America’s Courts Undermine Discrimination Law (“Unequal”), law professors Sandra F. Sperino and Suja A. Thomas provide a point-by-point analysis of how the federal courts’ interpretations of federal anti-discrimination laws have undermined their efficacy to provide relief to workers whose employers have allegedly engaged in discrimination. The cases’ results are consistently pro-employer, even while the Supreme Court of the United States—a court not known for being particularly pro-plaintiff—has occasionally ruled in favor of plaintiff employees. The authors suggest some reasons for this apparent anti-plaintiff bias among the federal courts, although they do not settle on a particular reason …

The Heart Of K'É: Transforming Diné Special Education And Unsettling The Colonial Logics Of Disability, Sandra Yellowhorse

American Studies ETDs

This paper takes up the roles of ideology and spatiality as they impact Diné students and learners in understanding conceptions of normativity, neuro-diversity and bodily variance. I am concerned with how the movement and creation of Indigenous schools and their praxis still maintain and often times produce settler colonial ideologies of being, personhood, difference and ability. I illustrate the challenges that Diné planners and educators face in entrenching cultural knowledge and language into their educational initiatives, while some of the problematic manifestations and expressions of normativity present themselves through state polices, federal law and mainstream curriculum.

I focus on the …

Department Of Corrections V. Superior Court: Hear No Evil, Aaron T. Morel

Maine Law Review

On December 9, 1991, professional ethical and moral considerations prompted heated litigation in Department of Corrections v. Superior Court. Justice Donald G. Alexander of Maine's Superior Court displayed considerable foresight while sentencing two borderline mentally retarded child sex offenders. Although both defendants had committed repugnant crimes, Justice Alexander anticipated that they would be subjected to impermissible abuse if incarcerated in the Department of Corrections. He believed that preventive measures were necessary to ensure the safety of the defendants being sentenced and to avoid the potential that conditions of their incarceration would amount to cruel and unusual punishment. Justice Alexander subsequently …

Disart: Redefining The Construct Of Participation, Jennifer Fortuna

The Open Journal of Occupational Therapy

DisArt, an arts and culture organization based in Grand Rapids, MI, provided the cover art for the Spring 2018 issue of the Open Journal of Occupational Therapy (OJOT). The piece, a somatic sculpture by Petra Kuppers, was featured at the 2015 DisArt Festival in Grand Rapids. Kuppers is a disability culture activist and community performance artist who connects people, both disabled and nondisabled, in public spaces. DisArt’s mission is to increase the participation of disabled people in our communities through disability art exhibitions, cutting edge public events, and consultation. In a recent interview, DisArt co-founders and executive directors, Dr. Christopher …

Disability Rights Symposium Coverage, Human Rights Brief

Human Rights Brief Spring 2018 Regional Coverage

No abstract provided.

Working For Recovery: How The Americans With Disabilities Act And State Human Rights Laws Can Facilitiate Successful Rehabilitation For Alcoholics And Drug Addicts, Samuel Brown Petsonk, Anne Marie Lofaso

West Virginia Law Review

No abstract provided.

Personhood Seeking New Life With Republican Control, Jonathan F. Will, I. Glenn Cohen, Eli Y. Adashi

Indiana Law Journal

Just three days prior to the inauguration of Donald J. Trump as President of the United States, Representative Jody B. Hice (R-GA) introduced the Sanctity of Human Life Act (H.R. 586), which, if enacted, would provide that the rights associated with legal personhood begin at fertilization. Then, in October 2017, the Department of Health and Human Services released its draft strategic plan, which identifies a core policy of protecting Americans at every stage of life, beginning at conception. While often touted as a means to outlaw abortion, protecting the “lives” of single-celled zygotes may also have implications for the practice …

Compensating Work-Related Disability: Theory, Politics And History Of The Commodification-Decommodification Dialectic, Eric Tucker

Articles & Book Chapters

In 2015, the last year for which we have complete Canadian data, workers' compensation boards recognized that 852 Canadian workers died from work-related injuries and diseases and 232,629 workers experienced disabling injuries requiring them to take time off work. About 13 percent of those injured will have permanent disabilities of varying severity.These figures significantly underestimate the true burden of work-related disability for at least three reasons. First, the percentage of the paid Canadian workforce covered by workers' compensation has been shrinking. In 2008, it was estimated to stand at about 80 percent, although coverage bounced back to about 85 percent …

Stuck In Neutral: The Americans With Disabilities Act And The State Of Paratransit Service In New York City, Britney Wilson

Articles & Chapters

No abstract provided.

The Remedial Authority Of Hearing And Review Officers Under The Individuals With Disabilities Education Act: The Latest Update, Perry A. Zirkel

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Paternalism And The Rise Of The Disability State, David W. Engel, Jeffrey S. Wolfe

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Mullin V. Ratheon Co.: The Threatened Vitality Of Disparate Impact Under The Adea, Miles F. Archer

Maine Law Review

Seven years after Congress enacted Title VII of the Civil Rights Act of 1964 (Title VII), and four years after the enactment of the Age Discrimination in Employment Act of 1967 (the ADEA), the Supreme Court, in Griggs v. Duke Power Co., enunciated the doctrine of disparate impact as a means of establishing liability under Title VII. Since that time, the doctrine has evolved considerably and its application and contours have been redefined by the Court as well as by Congress. Within this evolution there has been a debate among the courts and commentators as to whether the doctrine may …

The Supreme Court Reverses The Equal Employment Opportunity Commission's Directive That Disability Determinations Should Be Made Without Regard To Mitigating Measures: Sutton V. United Airlines, Sara Gagne Holmes

Maine Law Review

In Sutton v. United Airlines, identical twin sisters with severe myopia, filed suit under Title I of the Americans with Disabilities Act (ADA) alleging that United Airlines (United) discriminated against them on the basis of a disability, or because United regarded them as having a disability. This case invited the United States Supreme Court to decide for the first time whether mitigating measures such as glasses, medication or prosthetics should be considered when determining if an impairment is an “actual disability” under the ADA, and what constitutes a proper allegation for being “regarded as” disabled under the ADA. In a …

Mixed Messages: An Analysis Of The Conflicting Standards Used By The United States Circuit Courts Of Appeals When Awarding The Compensatory Education For A Violation Of The Individuals With Disabilities Education Act, James C. Schwellenbach

Maine Law Review

With the passage of the Education for All Handicapped Children Act (EAHCA) of 1975, now titled the Individuals with Disabilities Education Act (IDEA or the Act), each child with a disability was guaranteed the right to a free and appropriate public education. It fell to the public schools to provide that free and appropriate education to students with disabilities, many of whom had been denied access to public schools prior to that time. It was inevitable that parents would disagree with their local school district, or the state educational agency, as to whether their child was being provided the kind …

Collective Versus Individual Rights: The Able Worker And The Promotion Of Precarious Work For Persons With Disabilities Under Conflicting International Law Regimes, Paul Harpur

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.