Disability Law Commons^™

This Aggression Will Not Stand, Schools: The Need For Federal Legislation Protecting Bullied Students With Disabilities, Russell A. Vogel

Touro Law Review

A boy with Autism comes home from school, visibly upset. His parents ask him why, and he responds that nobody in his class likes him. To his parents’ horror, they learn that their son’s teacher encouraged a class discussion about why they dislike their son. When the boy’s parents complain to the school about this issue, school administrators brush it aside. The next day, students sitting near the boy move their desks away from him and taunt him for the way he acts every time he tries to socialize with them. The boy then refuses to go to school each …

Vermont: Collaborating To Educate Self-Advocates About Alternatives To Guardianship, Jaimie Ciulla Timmons

All Institute for Community Inclusion Publications

This promising practice describes Vermont’s statewide self-advocacy organization, Green Mountain Self-Advocates (GMSA), and their partnership with the Vermont Disability Law Project to organize legal clinics for people with IDD. These clinics have enabled self-advocates to get high-quality, easy-to-understand information about alternatives to guardianship they might not get anywhere else.

How The Americans With Disabilities Act Of 1990 Continues To Fail The Deaf And Hard Of Hearing, Maria Nowak

Mitchell Hamline Law Review

No abstract provided.

An Attempt To Bring Modern Workplace Realities To The Social Security Disability Adjudication System, Robert E. Rains

Dickinson Law Review (2017-Present)

No abstract provided.

Disabled Litigants’ Standing Issue: Ensuring Rhode Island’S Standing Doctrine Is Accessible To Ada Tester Litigants, Colten H. Erickson

Roger Williams University Law Review

No abstract provided.

2021 Rhode Island Public Laws, Madison C. Picard

Roger Williams University Law Review

No abstract provided.

Disability, Policing, And Punishment: An Intersectional Approach, Jamelia Morgan

Oklahoma Law Review

No abstract provided.

Facultas Marginem: Assessing Disability Data And Public Aau Universities’ Affirmative Action Plans For Systemic Barriers Facing Faculty With Disabilities, Joseph Carlton Barry

Theses and Dissertations--Education Sciences

This dissertation contributes to education equity scholarship produced by academics seeking to develop understandings of disability, Persons with Disabilities (PWD), and how both are situated amongst faculty in institutions of higher education. As such, this dissertation centers on a study of public US universities belonging to the Association of American Universities (AAU). This study looks for institutional level associations between respective rates by which college and university faculty with disabilities (FWD) are employed, certain aspects of disability policy drawn from each institution’s 2020 Affirmative Action Plans (AAP), and various other instances of empirical disability data (EDD).

While this study contributes …

Bringing The Ada Out Of The Dark Ages: Social Media Websites Should Be Required To Meet The Accessibility Requirements Of The Americans With Disabilities Act, Olivia Garcia

University of San Francisco Law Review

No abstract provided.

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Recommendations On Mature Minors, Constance Macintosh

Reports & Public Policy Documents

Recommendation: The Committee should remove the requirement from the Criminal Code that candidates for Medical Assistance in Dying (MAID) be at least 18 years old. This is for the following reasons, elaborated upon below.

1.The MAID regime should always turn on the actual capacity of any person requesting MAID

2.The MAID regime’s approach to consent and capacity should be consistent with Canadian law on health care decision-making by minors

3.The MAID regime will likely be found unconstitutional if it maintains an age-based bar

4.The vulnerability of youth may require a different approach but does not justify an age-based bar

5.Removing …

Ending The Discriminatory Pretrial Incarceration Of People With Disabilities: Liability Under The Americans With Disabilities Act And The Rehabilitation Act, Margo Schlanger, Elizabeth Jordan, Roxana Moussavian

Articles

Our federal, state, and local governments lock up hundreds of thousands of people at a time—millions over the course of a year—to ensure their appearance at a pending criminal or immigration proceeding. This type of pretrial incarceration—a term we use to cover both pretrial criminal detention and immigration detention prior to finalization of a removal order—can be very harmful. It disrupts the work and family lives of those detained, harms their health, interferes with their defense, and imposes pressure on them to forego their trial rights and accede to the government’s charges in an effort to abbreviate time behind bars. …

Disability Diversity And Identity Capitalism, Nicole Buonocore Porter

Faculty Publications

I first read Professor Nancy Leong’s compelling book Identity Capitalists: The Powerful Insiders Who Exploit Diversity to Maintain Inequality when I was asked to provide a pre-publishing peer review. I was equal parts captivated and troubled by the numerous examples of identity capitalism (and its counterpart, identity entrepreneurialism) that I had never thought about, and perhaps even acquiesced in.

[...]

But in all honesty, I was troubled after my initial review of the manuscript because I had the sense that Leong was suggesting that diversity itself is bad, or at least that concentrating on diversity is bad. Upon my review …

White Paper: Effective Communication With Deaf, Hard Of Hearing, Blind, And Low Vision Incarcerated People, Tessa Bialek, Margo Schlanger

Other Publications

Tens of thousands of people incarcerated in jails and prisons throughout the United States have one or more communication disabilities, a term that describes persons who are deaf, hard of hearing, blind, low vision, deaf-blind, speech disabled, or otherwise disabled in ways that affect communication. Incarceration is not easy for anyone, but the isolation and inflexibility of incarceration can be especially challenging, dangerous, and further disabling, for persons with disabilities. Correctional entities must confront these challenges; persons with communication disabilities are overrepresented in jails and prisons and the population continues to grow. Federal antidiscrimination law obligates jails and prisons to …

Addressing The Accountability Void: War Crimes Against Persons With Disabilities, William I. Pons, Janet E. Lord, Professor Michael Stein

All Faculty Scholarship

Academics rarely raise the need to consider persons with disabilities when preventing,

investigating and prosecuting international humanitarian law (IHL) violations.

Worse still, no actual attempts have been made to include a disability perspective

into practical guidance and monitoring mechanisms. This article addresses that

void by laying out how existing yet unutilized IHL obligations can be leveraged to

repress and suppress disability-based IHL violations. In doing so, the article will

detail how fact-finding approaches, criminal investigative processes and reporting

methods for IHL violations can be inclusive of persons with disabilities and thus

more appropriately address the endemic under-representation of a disability …

Supported Decision-Making: Potential And Challenges For Older Persons, Morgan K. Whitlatch, Rebekah Diller

Articles

In recent years, supported decision-making (SDM) has gained traction as a recognized alternative to guardianship for persons with disabilities in the United States. To date, SDM has not been as widely recognized as an alternative for older people, particularly those struggling with cognitive decline. This paper explores some of the obstacles that have prevented SDM from being used more broadly by older people, identifies ways of surmounting some of those obstacles, and makes recommendations for ways that SDM can be used in the aging context.

Evolving Beyond Reasonable Accommodations Towards "Off-Shelf Accessible" Workplaces And Campuses, Karla Gilbride

American University Journal of Gender, Social Policy & the Law

One of the hallmarks of the Americans with Disabilities Act (“ADA”), which prohibits discrimination in the workplace on the basis of disability, is that it defines “discrimination” to include “not making reasonable accommodations to the known mental or physical limitations of an otherwise qualified individual with a disability.” This concept of reasonable accommodation was seen as innovative in two ways. It recognized that employers must sometimes take affirmative steps or make adaptations to afford individuals with disabilities an equal opportunity to apply for and perform jobs. And it identified the failure to take such affirmative steps as a type of …

The Disability Cost Narrative: A Roundtable Discussion, Elizabeth F. Emens, Kaaryn S. Gustafson, Jasmine E. Harris

Faculty Scholarship

The dominance of “cost narratives” in disability law and discourse warranted the inclusion of a scholarly roundtable discussion devoted to the topic. The transcription below captures this discussion among three disability legal scholars: Professors Elizabeth F. Emens, Kaaryn S. Gustafson, and Jasmine E. Harris.

Mindful Debiasing: Meditation As A Tool To Address Disability Discrimination, Elizabeth F. Emens

Faculty Scholarship

Antidiscrimination law is at a critical juncture. The law prohibits formal and explicit systems of exclusion, but much bias nonetheless persists. New tools are needed. This Article argues that mindfulness meditation may be a powerful strategy in the battle against disability discrimination. This Article sets out eight reasons that disability bias is particularly intractable. The Article then draws on empirical, philosophical, and scholarly sources to identify mechanisms through which mindfulness meditation can address these dynamics. The Article concludes by presenting concrete doctrinal implications of bringing mindfulness to bear on disability discrimination. This Article thus contributes to the established fields of …

Advancing Disability Rights-Based Refugee And Asylum Claims, Janet E. Lord, Elizabeth Heideman, Michael Ashley Stein

Articles

No abstract provided.