Disability Law Commons^™

Conducting A Pilot Evaluation Of A Civic-Engagement Program For Youth With Disabilities, Megan Best, Amanda Johnston, Sarah Demissie, Julianna Kim, Ruchi Mendiratta Khanna, Kelly Fulton, Abby Hardy, Catherine Cheung, Timothy Kunzier, Oscar Hughes, Meghan M. Burke, Zachary Rossetti

Developmental Disabilities Network Journal

The Individuals with Disabilities Education Act (IDEA) is the federal law that ensures all students with disabilities have access to a free and appropriate public education. In the last IDEA reauthorization in 2004, only 1% of public comments were from individuals with disabilities—the population that IDEA serves. To ensure that the feedback of individuals with disabilities is reflected in the next IDEA reauthorization, it is important to support them to learn about IDEA and advocate. To this end, for this pilot study, 16 transition-aged youth with disabilities participated in a 6-hour civic-engagement program across four states to learn about IDEA …

Acknowledgments, Matthew T. Wappett Ph.D.

Developmental Disabilities Network Journal

No abstract provided.

(Dis)Invested Bodies: The Neoliberal Crafting Of Disability, T. Wesley

Electronic Theses and Dissertations

Using the Americans with Disabilities Act (ADA) as a unifying text, my dissertation explores the relationship between cultural production and the neoliberal crafting of humanity, the term I use to describe how social dimensions—including the construction of the textual and material body—become reorganized and governed through market relations. While many disability scholars and activists frame the ADA’s failures through social misunderstandings of disability, few have seriously attended to the limits of the ADA as a neoliberal fusing of economic governance and classical liberal individualism.

Tracing convergences between the ADA and earlier US disability legislation to socioeconomic and political reforms enacted …

Revisiting The Conceptual Terrains Of The Right To Accessibility In India: The Role Of Judicial Enforcement, Sanjay Jain, Malika Jain

Articles

The main objective of this paper is to critically reflect on the right to accessibility of persons with disabilities in India, with special focus on the context of public streets and environments. The paper draws on work carried out during the India-related part of the Inclusive Public Space Project, as well as judicial pronouncements, and the norms evolved by India as a party to the United Nations Convention on the Rights of Persons with Disabilities. In this paper, we briefly set out competing conceptions of accessibility and evaluate the constitutional and statutory manifestations of the principle of accessibility. Further, the …

Michael Oher, The Tuohys, And The Blind Side: A Conservatorship Case Study, Drew Thornley

Seattle University Law Review Online

Conservatorships (or guardianships, as they are called in some states) are ubiquitous in the United States, and they are extremely important and impactful to those affected by them, such as Michael Oher. Many people learned of Michael Oher thanks to the hit movie The Blind Side, which has earned more than $300 million to date and for which actress Sandra Bullock won the Academy Award for Actress in a Leading Role in 2009.

The Blind Side is based on the real-life story of Michael Oher, who went from foster care and homelessness, to star college football player, and to first-round …

Imperfect Insanity And Diminished Responsibility, E. Lea Johnston

UF Law Faculty Publications

Insanity’s status as an all-or-nothing excuse results in the disproportionate punishment of individuals whose mental disorders significantly impaired, but did not obliterate, their capacities for criminal responsibility. Prohibiting the trier of fact from considering impairment that does not meet the narrow definition of insanity contradicts commonly held intuitions about mental abnormality and gradations of responsibility. It results in systemic over-punishment, juror frustration, and, at times, arbitrary verdicts as triers of fact attempt to better apportion liability to blameworthiness.

This Article proposes a generic partial excuse: Diminished Responsibility from Mental Disability. This excuse could be asserted as an affirmative defense at …

Can Online-Only Businesses Constitute Places Of Public Accommodation Under Title Iii Of The Ada?, Nicholas Conti

The Journal of Business, Entrepreneurship & the Law

Central to this article is the significant Disability Rights Movement, which aimed to provide equal opportunity and equal access to people with disabilities, while rallying against negative stereotypes and advocating for institutional change. In Martinez v. Cot’n Wash, Inc., the California Court of Appeal for the Second District applied a strict method of textual interpretation to decide that, absent any nexus to a physical location or storefront, a website by itself cannot constitute a place of public accommodation under Title III of the ADA. Part II provides an overview of the Americans with Disabilities Act, focusing on a modern conflict …

Dol Fiduciary Rule 3.0 Strikeout, Base Knock, Or Home Run?, Antolin Reiber

DePaul Business & Commercial Law Journal

No abstract provided.

Money Is Morphing - Cryptocurrency Can Morph To Be An Environmentally And Financially Sustainable Alternative To Traditional Banking, Clovia Hamilton

DePaul Business & Commercial Law Journal

No abstract provided.

Survey Evidence In Trademark Actions, Ioana Vasiu And Lucian Vasiu

DePaul Business & Commercial Law Journal

No abstract provided.

Corporate Governance And Compelled Speech: Do State-Imposed Board Diversity Mandates Violate Free Speech?, Salar Ghahramani

DePaul Business & Commercial Law Journal

No abstract provided.

The Real Persons Are The Corporations We Made Along The Way, Leonard Brahin

DePaul Business & Commercial Law Journal

No abstract provided.

Front Matter

DePaul Business & Commercial Law Journal

No abstract provided.

The New Elephant In The Room: Why All Professionals Need To Learn About Personality Disorders, Bill Eddy

Pepperdine Dispute Resolution Law Journal

Approximately 10% of adults worldwide have a personality disorder, according to the diagnostic manual of mental health professionals currently known as the DSM-5-TR. Unlike other mental health diagnoses, personality disorders are primarily interpersonal disorders leading to frequent conflicts with those around the person due to enduring patterns of rigid behavior, exaggerated interpretation of events, difficulty managing emotions, and impulse control problems. Yet dispute resolution professionals and other professionals generally have little knowledge of personality disorders and the role they play in their work, especially with “difficult” clients or “high conflict” disputes. Indications suggest personality disorders are increasing in family disputes, …

Disparately Disabled: Advocating For All Federal Courts Of Appeals To Make Disparate Impact Claims Cognizable Under Federal Disability Rights Law, Dustine Bowker

Washington Law Review

People with disabilities have the same rights and deserve to enjoy the same privileges as everyone else. However, people with disabilities face societal inequities that hinder their full participation in society. As a result of persistent advocacy and civil protest, federal laws have been enacted to prohibit discrimination based on a person’s disability. Yet, policies that discriminate against people with disabilities have continued. One cause of this troubling situation is that federal circuit courts still disagree on whether federal disability rights laws, including Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act (ADA), allow plaintiffs …

Internet Drug Prohibition And The Opioid Overdose Crisis, Benjamin A. Barsky

Washington Law Review

The Ryan Haight Online Pharmacy Consumer Protection Act (Ryan Haight Act) prohibits controlled substance tele-prescribing when it occurs without a preliminary in-person medical evaluation. This Article details the Ryan Haight Act’s consequences for the practice of telemedicine in general and opioid addiction treatment in particular. In doing so, it builds on literature exploring the tension between the federal criminal regulation of controlled substance prescribing and the management of large-scale public health crises, particularly the opioid overdose crisis.

By restricting the tele-prescription of certain controlled substances used for opioid addiction treatment, the Ryan Haight Act limits access to care for a …

Job Incidence Numbers In Social Security Disability Claims: A Case Study And Analysis, Kevin Liebkemann

Journal of the National Association of Administrative Law Judiciary

The Social Security Administration (SSA) processes numerous disabled worker applications each year. In adult disability claims, SSA employs a strict five-step sequential disability evaluation to decide whether a person is disabled. Many adult Social Security Disability claimants either win or lose at the fifth and final step, where an SSA adjudicator decides whether there is “a significant number of jobs (in one or more occupations) having requirements which you are able to meet with your physical or mental abilities and vocational qualifications.” This article examines the vocational evidence that SSA uses to decide the significant number of jobs issue. It …

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 …