Virtual Access: A New Framework For Disability And Human Flourishing In An Online World,
2020
Washington University in St. Louis School of Law
Virtual Access: A New Framework For Disability And Human Flourishing In An Online World, John D. Inazu, Johanna Smith
Scholarship@WashULaw
While many commentators have noted the wealth and class disparities that emerge from the digital divide, disability adds another important lens through which to consider questions of access and equity. Online accessibility for disabled people has fallen prey to the same assumptions and impediments that led to the Americans with Disabilities Act (“ADA”) addressing disability access in the offline world. Addressing these shortcomings requires a significant conceptual shift in our understanding of “access,” even among disabled people. Offline, the sidewalk or doorway hindered access to those who needed assistance walking or moving. Today’s virtual sidewalks and doorways complicate access in …
The Americans With Disabilities Act And Healthcare Employer-Mandated Vaccinations,
2020
George Washington University
The Americans With Disabilities Act And Healthcare Employer-Mandated Vaccinations, Y. Tony Yang, Elizabeth Pendo, Dorit Rubinstein Reiss
All Faculty Scholarship
Battles around workplace vaccination policies often focus on the annual influenza vaccine, but many healthcare employers impose requirements for additional vaccines because of the increased likelihood that employees in this sector will interact with populations at increased risk of acquiring or experiencing harmful sequelae of vaccine-preventable diseases. The federal Centers for Disease Control and Prevention and many states recommend healthcare employees receive numerous vaccines, including measles, mumps, and rubella (“MMR”); tetanus, diphtheria, and pertussis (“Tdap”). However, recent outbreaks of once-eliminated diseases that are now resurgent and the rising antivaccination movement raise questions about how far employers can go to mandate …
The Role Of Law And Policy In Achieving Healthy People's Disability And Health Goals Around Access To Health Care, Activities Promoting Health And Wellness, Independent Living And Participation, And Collecting Data In The United States,
2020
Saint Louis University School of Law
The Role Of Law And Policy In Achieving Healthy People's Disability And Health Goals Around Access To Health Care, Activities Promoting Health And Wellness, Independent Living And Participation, And Collecting Data In The United States, Elizabeth Pendo, Lisa Iezzoni
All Faculty Scholarship
Ensuring that the almost 60 million Americans with disabilities live as healthy and independent lives as possible is an important goal for our nation. This evidence-based report highlights efforts to better use law and policy to support and protect people with disabilities. Specifically, it examines how existing federal laws and policies could be leveraged by states, communities, and other sectors to reduce barriers to primary and preventive care; reduce barriers to local health and wellness programs; increase access to leisure, social, or community activities (and indirectly, to religious activities) for individuals with disabilities; and generate better disability data needed to …
Ensuring The Reproductive Rights Of Women With Intellectual Disability,
2020
Massachusetts General Hospital - Mongan Institute Health Policy Center
Ensuring The Reproductive Rights Of Women With Intellectual Disability, Nicole Agaronnik, Elizabeth Pendo, Tara Lagu, Christene Dejong, Aixa Perez-Caraballo, Lisa Iezzoni
All Faculty Scholarship
Background: Women with intellectual disability experience disparities in sexual and reproductive health care services.
Methods: To explore perceptions of caring for persons with disability, including individuals with intellectual disability, we conducted open-ended individual interviews with 20 practising physicians and three video-based focus group interviews with an additional 22 practising physicians, which reached data saturation. Interviews were transcribed verbatim. We used conventional content analysis methods to analyse transcripts.
Result: Physicians indicated that intellectual disability can pose challenges to providing sexual and reproductive health care. Observations coalesced around four themes: (1) communication; (2) routine preventive care; (3) contraception and sterilisation; and (4) …
Protecting The Rights Of People With Disabilities,
2020
Saint Louis University School of Law
Protecting The Rights Of People With Disabilities, Elizabeth Pendo
All Faculty Scholarship
One in four Americans — a diverse group of 61 million people — experience some form of disability (Okoro, 2018). On average, people with disabilities experience significant disparities in education, employment, poverty, access to health care, food security, housing, transportation, and exposure to crime and domestic violence (Pendo & Iezzoni, 2019). Intersections with demographic characteristics such as race, ethnicity, gender, and LGBT status, may intensify certain inequities. For example, women with disability experience greater disparities in income, education, and employment (Nosek, 2016), and members of under-served racial and ethnic groups with disabilities experience greater disparities in health status and access …
Sex-Based Discrimination In Healthcare Under Section 1557: The New Final Rule And Supreme Court Developments,
2020
Loyola Law School Los Angeles
Sex-Based Discrimination In Healthcare Under Section 1557: The New Final Rule And Supreme Court Developments, Brietta R. Clark, Elizabeth Pendo, Gabriella Garbero
All Faculty Scholarship
One of the primary goals of the Patient Protection and Affordable Care Act (PPACA) has been the reduction and elimination of health disparities, generally defined as population-level health differences that adversely affect disadvantaged groups, including disparities associated with sex and gender. Many of PPACA’s general provisions — expanded access to public and private insurance coverage, guarantee issue and pricing reforms, and coverage mandates — were expected to reduce barriers and eliminate discriminatory practices targeting or disproportionately impacting women and transgender individuals. Provisions like the Women’s Health Amendment, which mandated women’s preventive healthcare to be covered without cost sharing, and the …
The New "Essential": Rethinking Social Goods In The Age Of Covid-19,
2020
Columbia Law School
The New "Essential": Rethinking Social Goods In The Age Of Covid-19, Olatunde C.A. Johnson
Faculty Scholarship
The Covid-19 crisis has laid bare the fragility of social insurance systems in the United States and the lack of income security and basic benefits for many workers and residents. The United States has long had weaker protections for workers compared to other liberal democracies racial and economic disparities among those most affected by these dislocations (analyses are hampered by a paucity of demographic data). Those who were socially and economically vulnerable before the pandemic (for example due to homelessness, immigration status, or incarceration) are likely to suffer the most harm. Changes in workplace conditions as a result of the …
The Art Of Access: Innovative Protests Of An Inaccessible City,
2020
Columbia Law School
The Art Of Access: Innovative Protests Of An Inaccessible City, Elizabeth F. Emens
Faculty Scholarship
This Essay considers inaccessible New York City through the lens of artistic production. The landscape of disability art and protest is vast and wildly diverse. This Essay proposes to capture one slice of this array. From Ellis Avery’s Zodiac of NYC transit elevators, to Shannon Finnegan’s Anti-Stairs Club Lounge at the Vessel in Hudson Yards, to Park McArthur’s work exhibiting the ramps that provided her access to galleries showing her work – these and other creative endeavors offer a unique way in to understanding the problems and potential of inaccessible cities. Legal actions have challenged some of the specific sites …
Intersectional Cohorts, Dis/Ability, And Class Actions,
2020
University of Nevada, Las Vegas -- William S. Boyd School of Law
Intersectional Cohorts, Dis/Ability, And Class Actions, Ann C. Mcginley, Frank Rudy Cooper
Scholarly Works
This Article occupies the junction of dis/abilities studies and critical race theory. It joins the growing commentary analyzing the groundbreaking lawsuit by Compton, California students and teachers against the Compton school district under federal disability law and seeking class certification and injunctive relief in the form of teacher training, provision of counselors, and changed disciplinary practices. The federal district court denied the defendants’ motion to dismiss but also denied the plaintiffs’ motion for a preliminary injunction and class certification, resulting in prolonged settlement talks. The suit is controversial because it seeks to address the trauma suffered by Black and Latinx …
Covid-19 And Individuals With Developmental Disabilities: Tragic Realities And Cautious Hope,
2020
Touro Law Center
Covid-19 And Individuals With Developmental Disabilities: Tragic Realities And Cautious Hope, Samuel J. Levine
Scholarly Works
The COVID-19 pandemic has cast the United States, along with the rest of the world, into a time of crisis and uncertainty unlike any other in recent memory. Months into the pandemic, there is scant agreement among scientists, government officials, and large segments of the public, both domestic and abroad, as to determining the causes and workings of the virus, designing appropriate and effective responses to the outbreak, and constructing accurate assessments of the future—or even of the present. Indeed, the availability of concrete information about the virus and its effects is grossly inadequate and often replaced by anecdotal or …
The Promise And Peril Of Using Disability Law As A Tool For School Reform,
2019
University of Washington School of Law
The Promise And Peril Of Using Disability Law As A Tool For School Reform, Claire Raj
Washington Law Review
Advocates have recently devised a radical litigation approach to force broad systemic changes in public schools using the most unlikely of tools: disability law. If they succeed, disability law stands to eclipse any other cause of action as the most effective means of school reform. This novel approach relies on groundbreaking research demonstrating a correlation between Adverse Childhood Experiences (ACEs) that children encounter outside school and the learning challenges they face in school. Focusing on this link, advocates claim that children from impoverished and crime-ridden neighborhoods, by virtue of where they live, have disabilities that entitle them to system-wide school …
The Daily Work Of Fitting In As A Marginalized Lawyer,
2019
Schulich School of Law, Dalhousie University
The Daily Work Of Fitting In As A Marginalized Lawyer, Kim Brooks
Articles, Book Chapters, & Popular Press
Despite increased public dialogue about the need for inclusion, marginalized lawyers adjust their behaviour to “fit” in their legal workplaces. In this article, the author presents the results of interviews with lawyers in Canada who self-identify as belonging to a marginalized group based on race, ethnicity, Indigeneity, gender or sexual identity, working-class background, and/or disability. Based on these interviews, the author advances a taxonomy of the five strategies employed by these lawyers to fit in to their workplaces: covering strategies, compensating strategies, mythologizing strategies, passing strategies, and exiting strategies. Marginalized lawyers employ covering strategies, which may be appearance-, affiliation-, advocacy-, …
Knowledge And Desires Of Parents Of Middle School Students With Intellectual Disability Regarding Inclusive Education Laws And Practices In South Korea: Qualitative Case Study,
2019
University of New Mexico
Knowledge And Desires Of Parents Of Middle School Students With Intellectual Disability Regarding Inclusive Education Laws And Practices In South Korea: Qualitative Case Study, Yunji Jeong
Special Education ETDs
The purpose of this study was to examine the knowledge and desires of parents of middle school students with ID regarding inclusive education practices and laws in South Korea. I interviewed seven mothers of children with ID who attended South Korean middle school. Three themes emerged including (a) mother-teacher communication, (b) particular knowledge that suppressed further desires for inclusive education, and (c) culture-based advocacy for inclusive education. I discussed these findings based on Confucianism, collectivism, social and medical models of disability, and Rawls’s theory of justice. The mothers neither knew about inclusive education laws nor valued the laws. Instead, they …
Unfit To Be Seen: Customer Preferences And The Americans With Disabilities Act,
2019
Brigham Young University Law School
Unfit To Be Seen: Customer Preferences And The Americans With Disabilities Act, Craig Westergard
Brigham Young University Journal of Public Law
No abstract provided.
Resources For Special Education Advocacy,
2019
University of Michigan Law School
Resources For Special Education Advocacy, Virginia A. Neisler
Law Librarian Scholarship
The CDC reports that approximately 1 in 6 children in the United States has a developmental disability.1 Certain types of developmental disabilities are becoming rapidly more prevalent, with autism spectrum disorder affecting 1 in 59 children in 2014 (as compared to 1 in 150 as recently as 2002).2 From 1997 to 2008, all incidences of developmental disabilities in children in the United States increased in prevalence by more than 17 percent.3 This represents a significant part of our population and in recent decades has given rise to a complex system of legal rights and protections for developmentally disabled children that …
Thinking Outside The Checkbox: Examining The Benefits Of Depression In The Workplace,
2019
Brigham Young University
Thinking Outside The Checkbox: Examining The Benefits Of Depression In The Workplace, Tyler L. Jensen
Intuition: The BYU Undergraduate Journal of Psychology
No abstract provided.
Don't Say Depression: Specific Diagnosable Injuries Under The Washington Law Againt Discrimination's Privilege Statute,
2019
University of Washington School of Law
Don't Say Depression: Specific Diagnosable Injuries Under The Washington Law Againt Discrimination's Privilege Statute, Jack Miller
Washington Law Review
In 2018, the Washington State Legislature amended the Washington Law Against Discrimination (WLAD) to prevent automatic waivers of physician- and psychologist-patient privileges when plaintiffs claim non-economic, emotional distress damages. This legislation appears to be in response to the Washington Court of Appeals’ decision Lodis v. Corbis Holding, Inc.,which held that a plaintiff waives their patient- and psychologist-privilege merely by alleging emotional distress damages. The new law, RCW 49.60.510, prevents waiver unless the plaintiff alleges a specific diagnosable injury, relies on the testimony of a healthcare or psychiatric expert, or claims a “failure to accommodate a disability or discrimination on …
Texas, The Death Penalty, And Intellectual Disability,
2019
St. Mary's University School of Law
Texas, The Death Penalty, And Intellectual Disability, Megan Green
St. Mary's Law Journal
Abstract forthcoming
“Not Yet A Priority:” The Intersectional Exploration Of Labor Market Access For People With Disabilities,
2019
SIT Study Abroad
“Not Yet A Priority:” The Intersectional Exploration Of Labor Market Access For People With Disabilities, Anona Neal
Independent Study Project (ISP) Collection
Approximately one in four families in Morocco are affected by disability. Of those affected by disability, many are in vulnerable situations, because there is an explicit linkage between having a disability and likelihood of experiencing poverty. The primary reasons for this phenomenon include lack of access to education, employment and health care. Following the Arab Spring, the Moroccan government implemented Article 166 which explicitly banned workplace discrimination against people with disabilities (PWD); however, only 13% of those affected by disability of working age can find employment. In this paper, I investigate the obstacles PWD face that prevent them from accessing …
Table Of Contents,
2019
Seattle University School of Law
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.
