Disability Law Commons^™

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 …

Second-Class Administrative Law: Lincoln V. Vigil'S Puzzling Presumption Of Unreviewability, Matthew B. Lawrence

Faculty Articles

Administrative law ordinarily presumes that someone hurt by “arbitrary and capricious” agency action may seek relief in federal court unless Congress says otherwise. Administrative law does the opposite, however, when the harmful agency action happens to be one “allocating a lump-sum appropriation” (whatever that means). When it comes to spending programs that courts deem to fit in this ill-defined category, agency actions are presumptively immune from judicial review, insulated from the safeguards of administrative law no matter how arbitrary.

This Article looks behind the superficial, technocratic simplicity of the presumption of unreviewability through a novel, person-sensitive study of its origins …

Idea Manifestation Determination Review As Restorative Practice, Matt Saleh, Barbara J. Hickman, Angela M. T. Prince, Lawanda H. Cook, Jackie Bickford, Kristie Chu, Erika Kitsantas

Journal of Race, Gender, and Ethnicity

This article examines the Individuals with Disabilities Education Act (IDEA), which guarantees students with disabilities access to a Free Appropriate Public Education (FAPE) in the Least Restrictive Environment (LRE). The IDEA aims to provide equal educational opportunities for students with disabilities, addressing inequitable exclusions from public schools. Despite its protections, including procedural safeguards like the Manifestation Determination Review (MDR), which prevents unjust removal due to disciplinary actions, students with disabilities remain disproportionately affected by suspensions, expulsions, and arrests, with these disparities exacerbated by race, poverty, and other intersectional factors. The essay highlights compliance concerns with the MDR, particularly its inconsistent …

Ai As A Tool For Education Equity: A Review Of Recent Literature, Jace F. Peterkin-Rawls, J.D.

Journal of Race, Gender, and Ethnicity

This article addresses the challenges faced by one in five children in the United States who have learning or thinking differences, disabilities, or disorders. Despite existing resources like Individualized Education Plans (IEPs) and 504 plans, many students with learning disabilities struggle due to insufficient personalization, limited teacher support, and inadequate funding. The article explores the potential of Artificial Intelligence (AI) to enhance current educational resources and better support these students. It provides an overview of common learning disabilities and existing support mechanisms, followed by a discussion of the ethical implications of AI in education from four scholars. The article then …

Religious Accommodations In The Dobbs Era, Ann C. Mcginley

Scholarly Works

Given the deep political divide in the U.S. and the emotional response to the abortion issue, workplaces may become hostile environments that harm workers based on their pro- or anti-abortion views or their out-of-work activism. Besides hostile environments, some workers may suffer workplace discipline based on their speech at work or refusals to engage in certain job requirements. Disciplining employees for engaging in workplace speech or refusal to perform parts of their jobs may violate workers’ rights under Title VII of the Civil Rights Act of 1964, which requires that employers grant religious accommodations in the workplace if doing so …

We Shall Overcome: The Evolution Of Quotas In The Land Of The Free And The Home Of Samba, Stella Emery Santana

Seattle University Law Review

When were voices given to the voiceless? When will education be permitted to all? When will we need to protest no more? It’s the twenty-first century, and the fight for equity in higher education remains a challenge to peoples all over the world. While students in the United States must deal with the increase in loans, in Brazil, only around 20% of youth between the ages of twenty-five and thirty-four have a higher education degree.

The primary objective of this Article is to conduct an in-depth comparative analysis of the development, implementation, and legal adjudication of educational quota systems within …

Pacific Islands And The U.S. Military: The Legal Borderlands Of The Environmental Movement, Sonia Lei

Seattle University Law Review

Climate change remains an urgent, ongoing global issue that requires critical examination of institutional polluters. This includes the world’s largest institutional consumer of petroleum: the United States military. The Department of Defense (DoD) is a massive institution with little oversight, a carbon footprint spanning the globe, a budget greater than the next ten largest nations combined, and overly generous exemptions to environmental regulations and carbon reduction targets. This Comment examines how this lack of accountability and oversight plays out in the context of three Pacific islands that have hosted U.S. military bases for decades. By considering the environmental impact of …

From Suspension To Mass Incarceration: Punishment Of Student With Special Needs And The School-To-Prison Pipeline, Bailey Ellicott

Law Student Publications

Since their inception in the late 1980s, zero-tolerance policies have been a cornerstone of American school discipline. Passed by legislators with the intent of protecting school children, these policies have disparately upended the education of marginalized students. School discipline of vulnerable students often paves the way to juvenile incarceration, which in turn exponentially increases the likelihood of adult incarceration. Moreover, students with disabilities, especially students of color with learning disabilities, are often physically pushed out of their classrooms through suspensions and other harsh disciplinary policies. This is only made worse by the presence of law enforcement in schools, who treat …

Breaking Barriers: Examining The Impact Of Special Education Services On Juvenile Justice Involvement, Madison Neale

Law Student Publications

The following article is an exploration of the intersection between special education—namely, the long-repudiated practice of removing children with moderate disabilities from general education classrooms and placing them into “self-contained” classrooms away from their peers—and the involvement of those children in the criminal legal system. The article analyzes the parallels between the “othering” effect of segregating children with disabilities in schools, and the eventual segregation from their communities that they face in juvenile detention facilities. In a juvenile justice system where a disproportionate number of its children have been diagnosed with some form of intellectual or behavioral disability, this article …

The Right To Fail, Alexander A. Boni-Saenz

Oklahoma Law Review

No abstract provided.

Discrimination And Barriers: Abortion Access For Disabled Individuals After Dobbs, Jennifer L. Brinkley

Oklahoma Law Review

No abstract provided.

Chronic Conditions And Reproduction In A Post-Dobbs World, Allison M. Whelan

Oklahoma Law Review

No abstract provided.

Reproductive Federalism & Disabled Citizenship, Heather A. Swadley

Oklahoma Law Review

No abstract provided.

Set Up To Fail: Disabled Parents In The Family Regulation System, Sarah H. Lorr

Oklahoma Law Review

No abstract provided.

Carrie-Ing On: Advancing Justice For Disabled Parents After Colorado’S Carrie Ann Lucas Parental Rights For People With Disabilities Act, Sarah M. Morris

Oklahoma Law Review

No abstract provided.

Foreword: Rewriting The Script, Robyn M. Powell

Oklahoma Law Review

No abstract provided.

Autism And Access To Healthcare, Amanda Forbes

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.

A New Hope: Perez V. Sturgis Public Schools Opens The Doors To Children With Disabilities, Richard D. Marsico

Articles & Chapters

In Perez v. Sturgis Public Schools, the United States Supreme Court ruled that parents of children with disabilities who allege that their child’s school discriminated against them because of their disabilities can seek compensatory monetary damages pursuant to federal laws that prohibit such discrimination without exhausting the administrative process of the Individuals with Disabilities Education Act. This seemingly innocuous decision, based on two obscure procedural provisions of the IDEA, overturned decades of circuit court decisions that ruled otherwise.

Perez has already had a profound effect, opening the courthouse doors for children with disabilities. In all twenty-five post-Perez decisions in which …

The Consumer’S Choice To Boycott, Agnes Bresee

Seattle University Law Review

In the wake of employees losing their jobs upon voicing their political opinions concerning Israel, Harvard and Columbia law students’ job offers being rescinded upon expressing support for Palestine, and the names and social media profiles of individuals who support Palestine being collected and listed on Canary Mission, such backlash may leave many Americans wondering what form of resistance to settler-colonialist apartheid is acceptable in the twenty-first century. Recently, the movement to collectively boycott brands like Starbucks, which sued its Worker’s Union for a tweet expressing support for Palestine; Disney, which donated money to Israel; and McDonald’s, where a location …

A Different Approach To Agency Theory And Implications For Esg, Jonathan Bonham, Amoray Riggs-Cragun

Seattle University Law Review

In conventional agency theory, the agent is modeled as exerting unobservable “effort” that influences the distribution over outcomes the principal cares about. Recent papers instead allow the agent to choose the entire distribution, an assumption that better describes the extensive and flexible control that CEOs have over firm outcomes. Under this assumption, the optimal contract rewards the agent directly for outcomes the principal cares about, rather than for what those outcomes reveal about the agent’s effort. This article briefly summarizes this new agency model and discusses its implications for contracting on ESG activities.