The Legal Boundaries For Impartiality Of Idea Hearing Officers: An Update,
2021
Pepperdine University
The Legal Boundaries For Impartiality Of Idea Hearing Officers: An Update, Perry A. Zirkel
Pepperdine Dispute Resolution Law Journal
Special education has become a significant area of litigation in the K-12 school context. The impartial hearing officer (“IHO”) is the fulcrum of the adjudicative process under the Individuals with Disabilities Act (“IDEA”). However, the IDEA only provides for two standards for impartiality while the framework of remaining standards are left—via the IDEA’s structure of “cooperative federalism”—to state laws. Ultimately, the courts serve as the chief cartographer for the legal boundaries of IDEA IHO impartiality in their interpretation, gap-filling, and application of the federal and state framework. The previous research relating at least in part to IDEA ...
The Scammer And The Charlatan: Regulating Health Fraudsters In The Time Of Covid-19,
2021
University of St. Thomas, Minnesota
The Scammer And The Charlatan: Regulating Health Fraudsters In The Time Of Covid-19, Brittany M. Riehm
University of St. Thomas Law Journal
No abstract provided.
Americans With Disabilities Act's Title Iii Public Accommodations And Its Application To Web Accessibility And Telemedicine,
2021
University of St. Thomas, Minnesota
Americans With Disabilities Act's Title Iii Public Accommodations And Its Application To Web Accessibility And Telemedicine, Priya Elayath
University of St. Thomas Law Journal
No abstract provided.
Acknowledgments,
2021
Utah State University
Acknowledgments, Matthew T. Wappett Ph.D.
Developmental Disabilities Network Journal
No abstract provided.
Using Quality Improvement (Qi)-Focused Evaluation To Redesign Direct Home- And Community-Based Services During The Covid-19 Public Health Emergency:,
2021
University of New Mexico
Using Quality Improvement (Qi)-Focused Evaluation To Redesign Direct Home- And Community-Based Services During The Covid-19 Public Health Emergency:, Marcia Moriarta, Anthony Cahill, Heidi Fredine
Developmental Disabilities Network Journal
Like many UCEDDs in the Developmental Disabilities (DD) network, the Center for Development and Disability at the University of New Mexico offers direct service programs in home and community settings. Before the start of the COVID-19 pandemic, services were delivered in-person to about 1,000 families across the state including clients with intellectual or developmental disabilities and/or from at-risk communities. In March 2020, due to the spread of COVID-19, a public health emergency was declared in New Mexico and home and community services were stopped throughout the state. This meant direct service programs at the Center had to turn ...
Increasing Access To Augmentative And Alternative Communication Services For People With Complex Communication Needs During Covid-19 And Beyond,
2021
University of Miami Mailman Center for Child Development
Increasing Access To Augmentative And Alternative Communication Services For People With Complex Communication Needs During Covid-19 And Beyond, Cristina L. Pujol, Anamaria Nevares, Michelle Schladant
Developmental Disabilities Network Journal
The COVID-19 global pandemic has affected the disability network across the world. In the United States, there are millions of people who cannot use their natural speech to communicate. Augmentative and alternative communication (AAC), a form of assistive technology (AT), helps people with complex communication needs (CCNs) to communicate with others. Examples of AAC include printed pictures and speech-generating devices. A team of professionals work together with the person with CCNs and their caregivers to choose the right type of AAC. Often, people with CCNs need face-to-face and ongoing AAC support. Prior to the COVID-19 pandemic, this population already faced ...
A Self-Advocate’S Perspective On The Covid-19 Pandemic,
2021
Idaho Council on Developmental Disabilities
A Self-Advocate’S Perspective On The Covid-19 Pandemic, D.R. Reff
Developmental Disabilities Network Journal
This article summarizes the experience of a self-advocate from Idaho during the COVID pandemic. This article addresses issues of social isolation, mental health, and social supports.
Perspectives Of Immigrant Families And Persons With Disabilities During Covid-19,
2021
Albert Einstein College of Medicine
Perspectives Of Immigrant Families And Persons With Disabilities During Covid-19, Diana Rodriguez Lmsw, Kathleen Mcgrath Msw
Developmental Disabilities Network Journal
Background: The health, economic, social, political, and psychological consequences of COVID-19 have been deeply felt on a global level. Persons with disabilities, including those from Hispanic/Latino immigrant communities, have faced unique challenges during both the peak and fallout of the pandemic. Throughout both the United States and New York City, COVID-19 has disproportionately affected communities of color. However, the impact of COVID-19 on persons with disabilities among immigrant and communities of color is still unfolding.
Aims: In this paper, we aim to better understand the compounded stress of the COVID-19 pandemic experienced by immigrant families who have a child ...
The Impact Of Covid-19 On Disability Services And Systems: Perspectives From The Field,
2021
Association of University Centers on Disabilities
The Impact Of Covid-19 On Disability Services And Systems: Perspectives From The Field, Ronda Jenson, John Tschida
Developmental Disabilities Network Journal
No abstract provided.
State Laws For Due Process Hearings Under The Individuals With Disabilities Education Act Iii: The Pre-Hearing Stage,
2021
Pepperdine University
State Laws For Due Process Hearings Under The Individuals With Disabilities Education Act Iii: The Pre-Hearing Stage, Andrew M.I. Lee, Perry A. Zirkel
Journal of the National Association of Administrative Law Judiciary
This article is the third in a triad of analyses of state law additions to the basic requirements of the Individuals with Disabilities Education Act (IDEA) for due process hearings (DPHs). The first two articles of this series covered the hearing and post-hearing stages of IDEA DPHs. The purpose of this follow-up analysis is to supplement the earlier articles by canvassing state law provisions specific to the pre-hearing stage. After an introduction and overview of the literature, this article covers IDEA foundational requirements for DPHs, and then summarizes and codes the state law provisions that supplement the federal template. As ...
The Constitutionality Of The Black Lung Interim Presumption,
2021
University of Kentucky
The Constitutionality Of The Black Lung Interim Presumption, Stella B. House
Journal of Natural Resources & Environmental Law
No abstract provided.
The Lost Promise Of Disability Rights,
2021
University of South Carolina School of Law
The Lost Promise Of Disability Rights, Claire Raj
Michigan Law Review
Children with disabilities are among the most vulnerable students in public schools. They are the most likely to be bullied, harassed, restrained, or segregated. For these and other reasons, they also have the poorest academic outcomes. Overcoming these challenges requires full use of the laws enacted to protect these students’ affirmative right to equal access and an environment free from discrimination. Yet, courts routinely deny their access to two such laws—the Americans with Disabilities Act (ADA) and section 504 of the Rehabilitation Act of 1973 (section 504).
Courts too often overlook the affirmative obligations contained in these two disability ...
Compensation, Commodification, And Disablement: How Law Has Dehumanized Laboring Bodies And Excluded Nonlaboring Humans,
2021
University of Pennsylvania Carey Law School
Compensation, Commodification, And Disablement: How Law Has Dehumanized Laboring Bodies And Excluded Nonlaboring Humans, Karen M. Tani
Faculty Scholarship at Penn Law
This essay reviews Nate Holdren's "Injury Impoverished: Workplace Accidents, Capitalism, and Law in the Progressive Era" (Cambridge University Press, 2020), which explores the changes in legal imagination that accompanied the rise of workers' compensation programs. The essay foregrounds Holdren’s insights about disability. "Injury Impoverished" illustrates the meaning and material consequences that the law has given to work-related impairments over time and documents the naturalization of disability-based exclusion from the formal labor market. In the present day, with so many social benefits tied to employment, this exclusion is particularly troubling.
Substance Use As A Second Class Disability: A Survey Of The Ada's Disarmament Of Individuals In Recovery,
2021
University of Maine School of Law
Substance Use As A Second Class Disability: A Survey Of The Ada's Disarmament Of Individuals In Recovery, Ryan Schmitz
Maine Law Review
The Americans with Disabilities Act and Fair Housing Act are landmark statutes that afford essential protections to individuals with disabilities in the foundational areas of everyday life. Despite their recognition of substance use disorders as disabilities, these statutes deny protection to individuals who are either in active use or in the early stages of their recovery. This Article explores the dangers posed by the “current use exception” and surveys the case law to determine the extent of the harms done to individuals with disabilities who seek to vindicate the rights purportedly guaranteed to them by the Americans with Disabilities Act ...
Criminalization And Normalization: Some Thoughts About Offenders With Serious Mental Illness,
2021
University of Maryland Francis King Carey School of Law
Criminalization And Normalization: Some Thoughts About Offenders With Serious Mental Illness, Richard C. Boldt
Faculty Scholarship
Response to Professor E. Lea Johnston, Reconceptualizing Criminal Justice Reform for Offenders with Serious Mental Illness
Abstract
While Professor Johnston is persuasive that clinical factors such as diagnosis and treatment history are not, in most cases, predictive by themselves of criminal behavior, her concession that those clinical factors are associated with a constellation of risks and needs that are predictive of criminal system involvement complicates her efforts to maintain a clear boundary between the criminalization theory and the normalization thesis. Indeed, Professor Johnston’s article contains a brief section in which she identifies “possible justifications” for the specialized programs that ...
When Justice Should Precede Generosity: The Case Against Charitable Immunity In Arkansas,
2021
University of Arkansas, Fayetteville
When Justice Should Precede Generosity: The Case Against Charitable Immunity In Arkansas, Courtney Jane Baltz
Arkansas Law Notes
This Comment discusses various aspects of the modern hospital and examines charitable immunity’s incompatibility with modern law.
First, Part II explains the historical justifications for immunity and presents the doctrine’s landscape in the United States. Part III examines the role precedent plays in continuing to adhere to the rule of immunity. Part IV takes an in-depth approach of the big business of hospitals by evaluating various financial aspects of charitable hospitals. Part V explores the reality of charitable immunity falling out of touch with concepts of modern law. Part VI takes a more specific look at the application ...
Table Of Contents,
2021
Seattle University School of Law
Table Of Contents, Seattle University Law Review
Seattle University Law Review
Table of Contents
A Post-Pandemic Antidiscrimination Approach To Workplace Flexibility,
2021
University of San Francisco School of Law
A Post-Pandemic Antidiscrimination Approach To Workplace Flexibility, Michelle A. Travis
Washington University Journal of Law & Policy
Before the COVID-19 pandemic, the judiciary largely accepted the “full-time face-time norm” resulting in the systematic exclusion of persons with disabilities, women, and other members of protected groups from certain jobs. Claims involving aspects of the full-time face time norm include accommodation requests for telecommuting, flextime, part-time, and other flexible working arrangements. This Article examines pre-pandemic case law under the ADA and Title VII of the Civil Rights Act. COVID-19 has brought dramatic workplace changes, requiring judges to re-examine their previous restrictive rulings on workplace flexibility. During the pandemic, companies around the world went from prohibiting remote work to requiring ...
Prisons, Nursing Homes, And Medicaid: A Covid-19 Case Study In Health Injustice,
2021
University of Pittsburgh School of Law
Prisons, Nursing Homes, And Medicaid: A Covid-19 Case Study In Health Injustice, Mary Crossley
Articles
The unevenly distributed pain and suffering from the COVID-19 pandemic present a remarkable case study. Considering why the coronavirus has devastated some groups more than others offers a concrete example of abstract concepts like “structural discrimination” and “institutional racism,” an example measured in lives lost, families shattered, and unremitting anxiety. This essay highlights the experiences of Black people and disabled people, and how societal choices have caused them to experience the brunt of the pandemic. It focuses on prisons and nursing homes—institutions that emerged as COVID-19 hotspots –and on the Medicaid program.
Black and disabled people are disproportionately represented ...
The Annotated Accessible Canada Act - Excerpt,
2020
University of Windsor, Faculty of Law
The Annotated Accessible Canada Act - Excerpt, Laverne Jacobs, Martin Anderson, Rachel Rohr, Tom Perry
Law Publications
An accessible MS Word version of this document is available for download at the bottom of this screen under "Additional files".
The Act to ensure a barrier-free Canada, S.C. 2019, c. 10, which is commonly known as the Accessible Canada Act (ACA) came into force on July 11, 2019. It is Canada’s first piece of federal legislation focusing on accessibility for persons with disabilities.
As a piece of federal legislation, the ACA regulates accessibility for those sectors of the economy that fall under federal jurisdiction pursuant to s. 91 of the Constitution Act, 1867. This includes federal ...