Disability Law Commons^™

Professional Development Strategies For Treating People With Idd And Mental Health Needs, Jennifer L. Mclaren, Elizabeth Grosso, Karen L. Weigle

Developmental Disabilities Network Journal

People with intellectual and developmental disabilities (IDD) experience significant health and mental health inequities and difficulties accessing care. There are few initiatives that train mental health professionals to care and advocate for the health and mental health care needs of people with intellectual and developmental disabilities.

We developed a Mental Health and Intellectual and Developmental Disabilities Professional Learning Community (PLC) with Clinical Education Teams (CET) training components through The National Center for START (Systemic-Therapeutic-Assessment-Resources-Treatment) Services^® to further educate providers in the United States. The National Center for START Services^® utilizes multiple training and collaboration forums to build the …

Peer-Mediated Family Support Project: Evaluation Of Changes In Family Quality Of Life, Preethy S. Samuel, Elizabeth Janks, Nia S. Anderson, Michael Bray, Christina Topolewski, Sharon Milberger

Developmental Disabilities Network Journal

The Family Quality of Life (FQOL) approach represents a paradigm shift from fixing to supporting people with intellectual/developmental disabilities (I/DD) by changing the focus from the individual to the family and highlighting strengths rather than deficiencies. Aging family caregivers of individuals with I/DD often encounter obstacles, including accessibility, acceptability, and affordability of services. Little is known about best practices to support aging families of adults with I/DD. Understanding how a state-wide peer-mediated family support project implemented in this study helped improve the FQOL of aging caregivers is important in broadening participation of other caregivers in these types of programs. To …

Interdisciplinary Treatment Approach To Youth With Intellectual Or Developmental Disabilities And Co-Occurring Mental Health Conditions, Ashley Greenwald, Erika Ryst, Diane D. Thorkildson, Lauren Brown

Developmental Disabilities Network Journal

Many individuals with Intellectual and/or Developmental Disabilities (IDD) have co-occurring mental health needs, yet service delivery options often do not allow for the integrated delivery of mental health treatment and social behavioral support services. Siloed treatment approaches often result in lack of collaboration between providers, increasing the difficulty in accessing comprehensive and coordinated treatments and reducing treatment potential and effective outcomes. Additionally, many service providers in behavioral support services are not trained to address significant mental health needs; similarly, providers of mental health services lack experience in modifying practices for differing cognitive needs. The lack of cross-training and cross-collaboration makes …

The Americans With Disabilities Act: Website Accessibility And A Foreign Solution To A Domestic Problem, James Toye

St. Mary's Law Journal

No abstract provided.

Amdip Annual Meeting Of Law School Diversity Professionals: Hosted By Roger Williams University School Of Law: April 23-25, 2024, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Different Sides Of The Same Coin: How The Eleventh Circuit Deepened The Circuit Split For An Americans With Disabilities Act Failure-To-Accommodate Claim In Beasley V. O’Reilly Auto Parts, Anna Carr Hanks

Mercer Law Review

Through its decision in Beasley v. O’Reilly Auto Parts, the United States Court of Appeals for the Eleventh Circuit deepened the split among the circuit courts nationwide by explicitly requiring an adverse employment action in failure-to-accommodate claims under Title I of the Americans with Disabilities Act. Through this opinion, the Eleventh Circuit joined the minority of circuits and suggested that the Supreme Court of the United States may soon need to revisit this issue to resolve the uncertainty stemming from this fundamental disagreement among the circuits.

Police Officers’ Perceptions Regarding Their Interactions With The Disabled In Kankakee County, Jilliann M. English

ELAIA

Background Previous research shows the rate of crime against people with disabilities is significantly higher than the general population. Despite this, gaps in the training and resources for officers to assist those with disabilities may exist. Eadens et al. (2008) explored this issue by evaluating officer attitudes towards intellectual disabilities. Kankakee County has a significant disabled population, and Illinois is ranked very low in the improvement of related policies, making this a valuable area of interest. Methods This study utilized the modified version of the Social Distance Questionnaire (SDQ) used by Eadens et al. (2008), which is both qualitative and …

Affirmatively Furthering Health Equity, Mary Crossley

Brooklyn Law Review

Pervasive health disparities in the United States undermine both public health and social cohesion. Because of the enormity of the healthcare sector, government action, standing alone, is limited in its power to remedy health disparities. This article proposes a novel approach to distributing responsibility for promoting health equity broadly among public and private actors in the healthcare sector. Specifically, it recommends that the Department of Health and Human Services issue guidance articulating an obligation on the part of all recipients of federal healthcare funding to act affirmatively to advance health equity. The Fair Housing Act’s requirement that recipients of federal …

Res Judicata And Multiple Disability Applications: Fulfilling The Praiseworthy Intentions Of The Fourth And Sixth Courts, Amber Mae Otto

Vanderbilt Law Review

In the United States, the application process to receive disability benefits through the Social Security Administration is often a tedious, multistep procedure. The process becomes even more complex if a claimant has filed multiple disability applications covering different time periods. In that circumstance, the question arises as to whether an administrative law judge hearing a claimant’s second application must make the same findings as the administrative law judge who heard the first application. In other words, how should res judicata function in the administrative law context when a claimant has filed for disability multiple times? Currently, circuits differ on this …

The Kids Are Not Alright: Negative Consequences Of Student Device And Account Surveillance, Ashley Peterson

Washington Law Review

In recent years, student surveillance has rapidly grown. As schools have experimented with new technologies, transitioned to remote and hybrid instruction, and faced pressure to protect student safety, they have increased surveillance of school accounts and school-issued devices. School surveillance extends beyond school premises to monitor student activities that occur off-campus. It reaches students’ most intimate data and spaces, including things students likely believe are private: internet searches, emails, and messages. This Comment focuses on the problems associated with off-campus surveillance of school accounts and school-issued devices, including chilling effects that fundamentally alter student behavior, reinforcement of the school-to-prison pipeline, …

Testing The Limits Of Virtual Compliance: Website Accessibility, "Tester" Plaintiffs, And Article Iii Standing Under The Ada, Ashlyn Dewberry

Georgia Law Review

Federal courts have split in determining whether “tester” plaintiffs bringing suit under the ADA assert the requisite injury in fact necessary for Article III standing. These “website accessibility testers” allege that defendants’ websites do not make certain information available to disabled persons in violation of Title III of the ADA and one of its implementing regulations. This split presents an excellent opportunity to clarify which informational and stigmatic harms qualify as injuries in fact for Article III standing purposes. This Note argues that ADA website accessibility testers cannot obtain standing under current law. Neither the text of the ADA nor …

The Role Of Human Rights Indicators In Assessing Compliance With The Un Convention On The Rights Of People With Disabilities, Arlene S. Kanter

Georgia Law Review

In recent years, international human rights treaties have come under attack for failing to fulfill their promise. While it may be true that human rights treaties have not realized their full potential in every case, there is little discussion about how to measure the impact of treaties. This Article explores the ways in which we measure compliance with human rights treaties, focusing on the Convention on the Rights of People with Disabilities (CRPD). The CRPD entered into force in 2008. Since then, 188 States Parties have ratified it. In addition, the Office of the High Commissioner for Human Rights recently …

Post V. Trinity Health-Michigan: Does 42 U.S.C. § 1985(3) Offer Protection From Disability Discrimination?, Joseph D. Burdine

Seattle University Law Review SUpra

No abstract provided.

Mental Health In Prison: The Unintended But Catastrophic Effects Of Deinstitutionalization, Felicia Mulholland

Touro Law Review

Prisons and jails are not adequately equipped to manage the ever-growing population of mentally ill inmates. Despite deinstitutionalization efforts, prisons have steadily become the new psychiatric hospitals and unfortunately, because of the lack of treatment and the ability to properly supervise this population of inmates, these individuals are dying by their own hands at an alarming rate. This Note argues that the lack of proper care for mentally ill inmates is a violation of their constitutional right, despite their incarcerated status. The Department of Corrections and Community Supervision (DOCCS) should incorporate more concrete and universal rules and regulations for the …

The Need For Corporate Guardrails In U.S. Industrial Policy, Lenore Palladino

Seattle University Law Review

U.S. politicians are actively “marketcrafting”: the passage of the Bipartisan Infrastructure Law, the CHIPS and Science Act, and the Inflation Reduction Act collectively mark a new moment of robust industrial policy. However, these policies are necessarily layered on top of decades of shareholder primacy in corporate governance, in which corporate and financial leaders have prioritized using corporate profits to increase the wealth of shareholders. The Administration and Congress have an opportunity to use industrial policy to encourage a broader reorientation of U.S. businesses away from extractive shareholder primacy and toward innovation and productivity. This Article examines discrete opportunities within the …

Autism And Access To Healthcare, Amanda Forbes

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.

The Thinning Blue Line: Ptsd Benefits For Law Enforcement In Minnesota, Caleb Wootan

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Public Primacy In Corporate Law, Dorothy S. Lund

Seattle University Law Review

This Article explores the malleability of agency theory by showing that it could be used to justify a “public primacy” standard for corporate law that would direct fiduciaries to promote the value of the corporation for the benefit of the public. Employing agency theory to describe the relationship between corporate management and the broader public sheds light on aspects of firm behavior, as well as the nature of state contracting with corporations. It also provides a lodestar for a possible future evolution of corporate law and governance: minimize the agency costs created by the divergence of interests between management and …

Shareholder Primacy Versus Shareholder Accountability, William W. Bratton

Seattle University Law Review

When corporations inflict injuries in the course of business, shareholders wielding environmental, social, and governance (“ESG”) principles can, and now sometimes do, intervene to correct the matter. In the emerging fact pattern, corporate social accountability expands out of its historic collectivized frame to become an internal subject matter—a corporate governance topic. As a result, shareholder accountability surfaces as a policy question for the first time. The Big Three index fund managers, BlackRock, Vanguard, and State Street, responded to the accountability question with ESG activism. In so doing, they defected against corporate legal theory’s central tenet, shareholder primacy. Shareholder primacy builds …