Disability Law Commons^™

Accommodating Incompetency In Immigration Court, Elizabeth Jordan

Northwestern University Law Review

In criminal law, an individual must be deemed competent to stand trial, yet our immigration courts routinely order the deportation of incompetent noncitizens. A removal proceeding against a noncitizen—where an outcome of deportation often risks life-threatening harm—continues apace even if the noncitizen has been deemed incompetent by the immigration judge. In place of halting proceedings, the immigration judge imposes “safeguards” pursuant to a provision of the immigration code that neither defines nor explains the term. In practice, judges’ application of the term “safeguards” is often absurd. The implications of continuing a proceeding against a noncitizen with a disability affecting competency …

Reimagining Judicial Review Of Student Requests For Remote Instruction As An Ada Accommodation In Higher Education, Hannah E. Auten

Chicago-Kent Law Review

No abstract provided.

Gut Check: Why Obesity Is Not A Disability Under Tennessee Law And How The Legislature Can Address The Obesity Epidemic, Jennifer Vallor

Tennessee Journal of Law and Policy

No abstract provided.

Accommodations Wanted: Interpreting The Role Of Adverse Employment Actions In Failure-To-Accommodate Claims, Sadie Sand

University of Cincinnati Law Review

No abstract provided.

Reasonable Accommodation And Non-Invidious Discrimination Under The Maine Human Rights Act, Stuart W. Tisdale Jr.

Maine Law Review

"Invidious," through its Latin root invidia, for envy, hints at the dangers of arbitrary discrimination. Statutes, for instance, that distribute social or economic benefits and allocate burdens in a patently arbitrary manner alienate the burdened class. Such laws tear at the social fabric by instilling resentment and bitterness in the disfavored group. At an extreme they encourage rebellion. The famous Carolene Products footnote, in which Justice Stone suggested that the Court would apply a heightened standard of judicial review to statutes affecting "discrete and insular minorities," draws an implicit connection between invidiousness and fundamental unfairness. Invidiousness thus refers to the …

Standing At The Crossroads: An Analysis Of The Circuit Split Over Ada Tester Standing, Jennifer Tedisco

Cardozo Journal of Equal Rights & Social Justice

This Article analyzes the circuit split concerning whether self-appointed testers without intent to travel or book a reservation have Article III standing to sue hotels forfailing to disclose accessibility information on their websites in violation of an Americans with Disabilities Act ("ADA") regulation. This Article ultimately argues that these testers should have standing under an informational injury and/or stigmatic injury rationale. However, negative perceptions ofADA testers coupled with the Supreme Court's recent standing decisions haveput the private enforcement of the ADA and other disability rights statutes in jeopardy. In hopes ofpreserving the ability oftesters to bring suit against hotels and …

Barriers To Health Care Among Adults With Disabilities In Connecticut, Mary Beth Bruder Phd, Tara M. Lutz Phd, Kelly E. Ferreira Phd

Developmental Disabilities Network Journal

It is estimated that 25% of adults in the US are living with one or more disabilities. Persons with disabilities (PWD) have unmet health care needs, experience health disparities compared to those without disabilities. Barriers to quality health care include structural barriers such as access to transportation, physical access to facilities, and lack of accessible medical equipment. Other barriers include the knowledge, skills, beliefs, and attitudes of health care providers to meet the needs of PWD. To examine the barriers to health care experienced by adults with disabilities in Connecticut, the University of Connecticut Center for Excellence in Developmental Disabilities …

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.