Disability Law Commons^™

Sb 201 - Sick Leave, Mary Elizabeth D. Steinhaus, Chadwick L. Williams

Georgia State University Law Review

The Act amends Georgia’s general provisions relating to labor and industrial relations by adding a new provision that requires qualifying employers to allow their employees to use sick leave to care for immediate family members.

No Student Left Behind? Accommodating Students With Disabilities In Higher Education During The Trump Administration, Anne Marie Fristoe

North Carolina Central Law Review

No abstract provided.

Puppies, Ponies, Pigs And Parrots: Policies, Practices, And Procedures In Pubs, Pads, Planes And Professions: Where We Live, Work, And Play, And How We Get There: Animal Accommodations In Public Places, Housing, Employment, And Transportation, Laura Rothstein

Brandeis School of Law Faculty Scholarship

This is an expanded and updated version of an article published in 23 ANIMAL L.13 (2018). It examines how disability discrimination policy clarifies when animals may be allowed as accommodations in various settings. It provides basic statutory and regulatory framework for these settings, administrative agency guidance, and judicial interpretations of these requirements in various settings. Major settings where animals might be an accommodation are addressed separately, with particular focus on higher education institutions and health care settings.

Structured Settlement Sales And Lead-Poisoned Sellers: Just Say No, Karen Czapanskiy

Faculty Scholarship

No abstract provided.

The Fallacy Of Choice: The Destructive Effect Of School Vouchers On Students With Disabilities, Ian Farrell, Cheslea Marx

Sturm College of Law: Faculty Scholarship

This Article addresses the impact of school voucher programs on students with disabilities. We show that for children with disabilities, the price of admission into so-called “school choice” programs is so high that it is effectively no real choice at all. School voucher programs require students with disabilities to sign away their robust federal rights and protections in the public school system. Under the Individuals with Disabilities Education Act (IDEA)—the preeminent legislative safeguard for students with disabilities—these rights include the right to a “free and appropriate public education” delivered through an “individualized education plan.” By giving up these protections, children …

Stricken: The Need For Positive Statutory Law To Prevent Discriminatory Peremptory Strikes Of Disabled Jurors, Jordan Benson

Cornell Law Review

A representative jury ensures a truly impartial trial and that all groups are able to share in this valuable opportunity for civic engagement.Though the disabled constitute a minority of the population, their viewpoint is no less necessary to securing the benefits of a representative jury than that of groups already afforded protection from discriminatory strikes. As the disabled become more represented in many areas of society, their continued underrepresentation on juries will become even more difficult to justify. Discriminatory peremptory strikes are a significant, discretionary means by which the disabled can continue to be excluded from juries even when other …

Evaluating Intellectual Disability: Clinical Assessments In Atkins Cases, James W. Ellis, Caroline Everington, Ann M. Delpha

Faculty Scholarship

The intersection of intellectual disability and the death penalty is now clearly established. Both under the U.S. Supreme Court’s constitutional decisions and under the terms of many state statutes, individual defendants who have that disability cannot be sentenced to death or executed. It now falls to trial, appellate, and post-conviction courts to determine which individual criminal defendants are entitled to the law’s protection. This Article attempts to assist judges in performing that task. After a brief discussion of the Supreme Court’s decisions in Atkins v. Virginia, Hall v. Florida, and Moore v. Texas, it analyzes the component parts and terminology …

Too Stupid: Intellectual Disability As A Statutory Ground For Termination Of Parental Rights, Charlotte Jayne Cooper

The Modern American

No abstract provided.

The Ada And The Fight Against Employment Discrimination, 52 Uic J. Marshall L. Rev. 51 (2018), Brianne Perkins

UIC Law Review

No abstract provided.

Traumatic Brain Injury And A Divergence Between Moral And Criminal Responsibility, Paul J. Litton

Faculty Publications

Traumatic brain injury (TBI), particularly in severe cases, can have such extraordinary effects on one's psychological capacities that it may be relevant to many kinds of legal claims in criminal proceedings. The focus of this essay is on claims related to an agent's status as a responsible agent. In other words, this essay will discuss the relationship between traumatic brain injury and claims that an individual does not have the capacities required to be fairly held accountable for wrongful actions. The law may hold most adults fully responsible for their crimes, but it may not hold responsible young children and …

Pursuing Inclusive Higher Education In Egypt And Beyond Through The Convention On The Rights Of Persons With Disabilities, Janet E. Lord, Michael Stein

All Faculty Scholarship

Inclusive higher education is elusive for students with disabilities, especially in developing countries. The adoption and rapid ratification of the Convention on the Rights of Persons with Disabilities (CRPD) provides, if applied as its drafters intended, a “whole of institution” framework for its realization (CRPD Committee, 2016). Myriad legal, attitudinal, physical, and communication-based barriers limit or exclude participation. The individual impact of such discrimination is clear and carries lifelong consequences. Equally endemic are the broad societal and pedagogical effects of this exclusion. To illustrate: preventing persons with disabilities from Teacher Education courses impacts inclusive education in primary and secondary education; …

An Assessment Of Disability Access At The University Of Kentucky, Megan S. Coffinbargar

Oswald Research and Creativity Competition

This study assesses the Americans with Disabilities Act of 1990 (ADA) compliance at the University of Kentucky. Twenty buildings frequently used by undergraduates at the University of Kentucky were evaluated using the ADA Checklist for Existing Facilities focusing on Title III, Public Accommodations, and Priority Two, Access to Goods and Services. Data was collected over two weeks (July 20, 2017-August 3, 2017) and then evaluated using descriptive analysis. Data was analyzed looking across checklist items, buildings, checklist categories, and construction dates. Looking across checklist items, compliance ranged from 12-20 buildings out of 20 possible with 18.485 buildings as the average. …

Online Businesses Beware: Ada Lawsuits Demand Website Accessibility For Blind Plaintiffs, Ricardo Alvarado

SMU Science and Technology Law Review

No abstract provided.

Who Will Judge The Many When The Game Is Through: Considering The Profound Differences Between Mental Health Courts And Traditional Involuntary Civil Commitment Courts, Michael L. Perlin

Articles & Chapters

This paper is an expansion of a presentation given by the author at the annual Therapeutic Jurisprudence Workshop at Osgoode Hall Law School, York University, Toronto, Ontario, Canada, October 15, 2016. There is a developing robust literature about mental health courts (MHCrts) in the United States, and researchers have begun to focus on a broad range of empirical issues, such as the extent to which defendants are competent to waive their trial rights in such settings, the significance of diversion, etc. Also, advocates and other scholars have engaged in vigorous debates about the value of these courts, and the extent …

One Not Like The Other: An Examination Of The Use Of The Affirmative Action Analogy In Reasonable Accommodation Cases Under The Americans With Disabilities Act, Jamelia Morgan

Faculty Articles and Papers

This Article discusses the debate within the courts regarding the employer's affirmative obligations under the ADA's reasonable accommodation clause by focusing on the use of the affirmative action analogy. The purpose of this Article is to examine the evolution of the affirmative-action analogy in reasonable-accommodation case law over time and to decipher its meaning and relevance. At the onset, it is important to establish a few definitions and assumptions. First, the affirmative-action analogy refers to cases where courts liken or compare the plaintiff's reasonable-accommodation request to affirmative action. Specifically, the Article examines cases where the term "affirmative action" explicitly appears …

A Call For Ncaa Adapted Sports Championships: Following The Eastern College Athletic Conference’S Lead To Nationalize Collegiate Athletic Opportunities For Student-Athletes With Disabilities, Dayle Marie Comerford

Marquette Sports Law Review

None

Index: Sports Law In Law Reviews And Journals, Jordan Lysiak

Marquette Sports Law Review

None

A Run For Your Money: Are Able Accounts Truly An Innovative, User-Friendly Financial Savings Tool For The Broad Spectrum Of Disabled Americans?, Madeleine Laser

Touro Law Review

No abstract provided.

A Purpose In Life: Why Employment First Matters To Self-Advocates, Self-Advocates Becoming Empowered, Green Mountain Self-Advocates, Thinkwork! At The Institute For Community Inclusion At Umass Boston

All Institute for Community Inclusion Publications

Self-advocates with intellectual disabilities describe Employment First efforts in their states, and why those efforts are important.

Self-Advocates Becoming Empowered asked leaders in the self-advocacy movement to describe the impact of Employment First in their states. The authors spoke with 21 peer leaders across the country and asked, “What does Employment First mean?”

Research To Practice: Lessons Learned From The Learning Academy: Optimizing Transition Supports For Young Adults With Autism, John Shepard, Jaimie Ciulla Timmons, Agnieszka Zalewska, Thinkwork! At The Institute For Community Inclusion At Umass Boston

Research to Practice Series, Institute for Community Inclusion

The Learning Academy (TLA) at the University of South Florida is a 30-week transition program for individuals with autism spectrum disorder (ASD) between the ages of 18 and 25. The program provides services, supports, and experiential opportunities, with the aim of enhancing skills that will prepare students to succeed in the workplace and postsecondary education settings. The Institute for Community Inclusion (ICI) at the University for Massachusetts Boston conducted a one-year evaluation of TLA to explore its essential programmatic elements, and the ways in which the experience influenced student transformation. The evaluation included a thorough observation of program structure, curriculum, …

Research To Practice: State Employment First Policies: State Definitions, Goals And Values, Jennifer Bose, Jean Winsor, Thinkwork! At The Institute For Community Inclusion At Umass Boston

Research to Practice Series, Institute for Community Inclusion

This brief is the first in a series focusing on Employment First implementation as it relates to one of the seven elements within the High-Performing States in Integrated Employment model. It examines the background of circumstances under which Employment First efforts began in seven states, and introduces each state’s values, mission, and goals around increasing employment opportunities for people with disabilities. States may use the lessons in this brief to develop an Employment First policy, or to evolve existing efforts.

Animals As Living Accommodations, Ani B. Satz

Faculty Articles

Animals as “living accommodations” is a concept I first developed and used in 2006, in my disability and animal law courses, to describe nonhuman animals who either provide service or emotional support to humans with functional impairments. My goal in using this language is to emphasize the important differences between employing living animals and inanimate tools of assistance to promote meaningful access to work, public services, places of public accommodation, and public transportation. The differences may be viewed from the perspectives of a variety of stakeholders, including: individuals with disabilities and other impairments; businesses accommodating such individuals; members of the …

Exploring The Meaning Of Experiential Deaning, Robert Dinerstein, Margaret Martin Barry

Scholarly Articles in Law Reviews & Journals

This article explores the position of associate dean of experiential education in law schools across the country and the central role associate deans play in the changing landscape of legal education. Experiential deans have broad responsibility for overseeing law schools’ experiential education programs. Additional responsibilities differ between institutions, but range from leading efforts to comply with new ABA standards to overseeing the integration of experiential education into the broader curriculum. Analyzing survey data collected from associate experiential deans across the country, the authors find the structure, content, and authority of the position is under-developed. The authors make recommendations on how …

The Development Of Emergency Planning For People With Disabilities Through Ada Litigation, 51 J. Marshall L. Rev. 819 (2018), Barry Taylor

UIC Law Review

No abstract provided.

Post-Fry Idea And Section 504: New Intersections And Detours, Amy J. Goetz, Andrea L. Jepsen

Mitchell Hamline Law Review

No abstract provided.

The Fallacy Of Choice: The Destructive Effect Of School Vouchers On Children With Disabilities, Ian P. Farrell, Chelsea Marx

American University Law Review

No abstract provided.

Inadequate Accessibility: Why Uber Should Be A Public Accommodation Under The Americans With Disabilities Act, Elizabeth A. Mapelli

American University Law Review

No abstract provided.

No Excuses For Charter Schools: How Disproportionate Discipline Of Students With Disabilities Violates Federal Law, Johanna F. Roberts

Oklahoma Law Review

No abstract provided.

It Takes A Village: Empowering The Dead Broke Parent, Wendy Tolson Ross

Faculty Works

No abstract provided.

Lessons Learned From Texas' Special Education Cap, Raj Salhotra

Marquette Benefits and Social Welfare Law Review

No abstract provided.