The New Eugenics,
2021
University of Michigan School of Law
The New Eugenics, Samuel R. Bagenstos
Articles
During the first third of the Twentieth Century, the eugenics movement played a powerful role in the politics, law, and culture of the United States. The fear of “the menace of the feebleminded,” the notion that those with supposedly poor genes “sap the strength of the State,” and other similar ideas drove the enthusiastic implementation of the practices of excluding disabled individuals from the country, incarcerating them in ostensibly beneficent institutions, and sterilizing them. By the 1930s, with the rise of Adolf Hitler in Germany, eugenic ideas had begun to be discredited in American public discourse. And after the Holocaust, …
Website Accessibility Lawsuits: Using Online Dispute Resolution To Provide More Efficient Outcomes Within The Second Circuit,
2021
Benjamin N. Cardozo School of Law
Website Accessibility Lawsuits: Using Online Dispute Resolution To Provide More Efficient Outcomes Within The Second Circuit, Zachary Kriesberg
Cardozo Journal of Conflict Resolution
No abstract provided.
Copyright And Disability,
2021
University of Colorado Law School
Copyright And Disability, Blake E. Reid
Publications
A vast array of copyrighted works—books, video programming, software, podcasts, video games, and more—remain inaccessible to people with disabilities. International efforts to adopt limitations and exceptions to copyright law that permit third parties to create and distribute accessible versions of books for people with print disabilities have drawn some attention to the role that copyright law plays in inhibiting the accessibility of copyrighted works. However, copyright scholars have not meaningfully engaged with the role that copyright law plays in the broader tangle of disability rights.
Dissing Ability,
2021
Liberty University School of Law
Dissing Ability, Tory L. Lucas
Lewis & Clark Law Review
People with disabilities have historically endured the horrors of exclusion and elimination because America has incessantly fixated on disability without seeing ability. To correct a disabling view of people with disabilities, this Article prescribes a paradigm shift that permanently redirects the focus from disability to ability. If America achieves this hopeful vision to no longer diss—or disrespect—ability, then people with disabilities will enjoy equal access to equal opportunity.
Foreword To The Symposium: Jewish Law In Comparative Context,
2021
Touro Law Center
Foreword To The Symposium: Jewish Law In Comparative Context, Samuel J. Levine
Touro Law Review
No abstract provided.
Protecting The Rights And Wellbeing Of People With Disabilities During The Covid-19 Pandemic,
2021
Saint Louis University School of Law
Protecting The Rights And Wellbeing Of People With Disabilities During The Covid-19 Pandemic, Elizabeth Pendo
All Faculty Scholarship
The COVID-19 pandemic has exposed and exacerbated significant inequities experienced by people with disabilities. It has also emphasized the value of legal protections against discrimination based on disability. The Americans with Disabilities Act was enacted 30 years ago to eliminate discrimination against people with disabilities and ensure equal opportunity across major areas of American life (ADA, 2008). Together with an earlier law, the Rehabilitation Act of 1973 Rehabilitation Act, 2012), this landmark civil rights law impacts a broad range of issues raised by the COVID-19 pandemic and protects a large and growing number of Americans. This Chapter focuses on application …
Editor, Ethical Challenges In Discharge Planning: Stories From Patients,
2021
Saint Louis University School of Law
Editor, Ethical Challenges In Discharge Planning: Stories From Patients, Elizabeth Pendo
All Faculty Scholarship
This symposium includes twelve personal narratives from patients and their caregivers who have navigated challenges in planning for discharge from the hospital and transition to care at home, a rehabilitation facility, long-term care facility, or hospice. Three commentaries on these narratives are also included, authored by experts and scholars in the fields of medicine, bioethics, and health policy with particular interest in vulnerable populations. The goal of this symposium is to call attention to the experiences of patients during transitions in care and to enrich discussions of ethical issues in discharge planning.
Covid-19 Employee Health Checks, Remote Work, And Disability Law,
2021
Saint Louis University School of Law
Covid-19 Employee Health Checks, Remote Work, And Disability Law, Elizabeth Pendo
All Faculty Scholarship
The Americans with Disabilities Act (ADA) prohibits discrimination against people with disabilities, about 61 million individuals in the U.S. The law’s protections in the workplace are especially important during COVID-19, which has worsened pre-existing disparities experienced by people with disabilities. The ADA also applies to new strategies to reduce the risk of COVID-19 infection in the workplace. This Chapter will focus on two strategies that impact individuals with and without disabilities – employee health screening, testing and vaccination policies, and new or expanded remote work programs.
"Man Is Opposed To Fair Play": An Empirical Analysis Of How The Fifth Circuit Has Failed To Take Seriously Atkins V. Virginia,
2021
New York Law School
"Man Is Opposed To Fair Play": An Empirical Analysis Of How The Fifth Circuit Has Failed To Take Seriously Atkins V. Virginia, Michael L. Perlin, Talia Roitberg Harmon, Sarah Wetzel
Articles & Chapters
In 2002, for the first time, in Atkins v. Virginia, 536 U.S. 304 (2002), the United States Supreme Court found that it violated the Eighth Amendment to subject persons with intellectual disabilities to the death penalty. Since that time, it has returned to this question multiple times, clarifying that inquiries into a defendant’s intellectual disability (for purposes of determining whether he is potentially subject to the death penalty) cannot be limited to a bare numerical “reading” of an IQ score, and that state rules based on superseded medical standards created an unacceptable risk that a person with intellectual disabilities could …
Leave Your Stereotypes At The Door: The Importance Of Context In The Halls Of Congress And The Garden Of Torah,
2021
Touro University Jacob D. Fuchsberg Law Center
Leave Your Stereotypes At The Door: The Importance Of Context In The Halls Of Congress And The Garden Of Torah, Rabbi Michael Levy
Touro Law Review
No abstract provided.
Rights And Obligations: Commemorating The 30th Anniversary Of The Americans With Disabilities Act Of 1990,
2021
Touro University Jacob D. Fuchsberg Law Center
Rights And Obligations: Commemorating The 30th Anniversary Of The Americans With Disabilities Act Of 1990, Sharon Shapiro-Lacks
Touro Law Review
No abstract provided.
How Increased Legal Representation Can Close The Gap In Special Education Discrepancies,
2021
Touro University Jacob D. Fuchsberg Law Center
How Increased Legal Representation Can Close The Gap In Special Education Discrepancies, Todd Carney
Touro Law Review
This piece looks at how the existing education regime has led to disparities between white and minority students. The paper finds that the disparity gets even worse when special education is factored in. The reason so many low-income and minority students with disabilities receive such a poor education is that they do not have the proper legal representation to demand the rights that they are guaran- teed under US law. This paper looks at how low-income and minority families have been cheated out of proper legal representation in other areas and how receiving the necessary legal representation can lead to …
For All Who Have Borne The Battle: A Wish List For The Incoming Secretary Of The United States Department Of Veterans Affairs,
2021
Touro University Jacob D. Fuchsberg Law Center
For All Who Have Borne The Battle: A Wish List For The Incoming Secretary Of The United States Department Of Veterans Affairs, Benjamin Pomerance
Touro Law Review
No abstract provided.
Employees With Intellectual Disabilities During The Covid-19 Pandemic: New Directions For Disability Anti-Discrimination Law?,
2021
University of Oklahoma College of Law
Employees With Intellectual Disabilities During The Covid-19 Pandemic: New Directions For Disability Anti-Discrimination Law?, Leslie P. Francis
Oklahoma Law Review
No abstract provided.
Becoming Visible,
2021
University of Oklahoma College of Law
Disability Admin: The Invisible Costs Of Being Disabled,
2021
Columbia Law School
Disability Admin: The Invisible Costs Of Being Disabled, Elizabeth F. Emens
Faculty Scholarship
This Essay comes in five parts. After this Introduction, Part I begins by briefly sketching the concept of life admin and setting out the understanding of disability that informs the ADA. Part II demonstrates the special burdens that admin places on people with disabilities and uses this argument to refine the social model of disability and clarify its implications. This theoretical insight lays the groundwork for Part III to fill a gap in the analysis of “reasonable” accommodation under Title I. This Part shows that, although courts have set out a cost-benefit analysis as the framework for determining the “reasonableness” …
Getting It: The Ada After Thirty Years,
2021
Columbia Law School
Getting It: The Ada After Thirty Years, Elizabeth F. Emens
Faculty Scholarship
On the thirtieth anniversary of the Americans with Disabilities Act (ADA), this essay examines the vital role that attitudes have played — and will play — in the success of this pathbreaking civil rights law. Drawing on the legacy of the late disability philosopher and bioethicist Adrienne Asch, the essay argues that the law alone cannot bring about the change that’s needed in the United States to realize the ADA’s promise. Attitudes to disability need to change. More people need to “get it” with regard to disability. The essay puts forward an updated account of what it means to get …
The Deliberate Indifference Standard: A Broken Promise To Protect And Serve The Mentally Ill,
2021
Touro Law Center
The Deliberate Indifference Standard: A Broken Promise To Protect And Serve The Mentally Ill, Katherine R. Carroll
Touro Law Review
No abstract provided.
Qualified Does Not Mean Over Qualified: The Ada’S Accommodation Of Last Resort Should Not Be A Competition!,
2021
Touro Law Center
Qualified Does Not Mean Over Qualified: The Ada’S Accommodation Of Last Resort Should Not Be A Competition!, Dana Ortiz-Tulla
Touro Law Review
No abstract provided.
Disability Discrimination In Higher Education: The Enabling Spirit Of American Disability Legislation In Conflict With Judicial Interpretation,
2020
Mitchell Hamline School of Law
Disability Discrimination In Higher Education: The Enabling Spirit Of American Disability Legislation In Conflict With Judicial Interpretation, Travis Murray
Student Scholarship
Disabled individuals have historically been treated as second-class citizens in the United States. While improvements have certainly been made over time, disabled individuals still face significant barriers to enjoying full and equal participation in society. Higher education is one aspect of American society still lacking proportional representation of the disabled community. To try and understand why disabled Americans fail to thrive in higher education at rates approaching those of non-disabled individuals, this paper will examine the following: how the history of disability discrimination in America influenced passage of powerful anti-discrimination legislation; how American courts have generally interpreted that legislation to …
