Revisiting Ashley X: An Essay On Disabled Bodily Integrity, Sexuality, Dignity, And Family Caregiving,
2019
Touro University Jacob D. Fuchsberg Law Center
Revisiting Ashley X: An Essay On Disabled Bodily Integrity, Sexuality, Dignity, And Family Caregiving, Julia Epstein, Stephen A. Rosenbaum
Touro Law Review
No abstract provided.
“Some Things Are Too Hot To Touch”: Competency, The Right To Sexual Autonomy, And The Roles Of Lawyers And Expert Witnesses,
2019
Touro University Jacob D. Fuchsberg Law Center
“Some Things Are Too Hot To Touch”: Competency, The Right To Sexual Autonomy, And The Roles Of Lawyers And Expert Witnesses, Michael L. Perlin, Alison J. Lynch, Valerie R. Mcclain
Touro Law Review
No abstract provided.
Mixed Signals: What Can We Expect From The Supreme Court In This Post-Ada Amendments Act Era?,
2019
Touro University Jacob D. Fuchsberg Law Center
Mixed Signals: What Can We Expect From The Supreme Court In This Post-Ada Amendments Act Era?, Nicole Buonocore Porter
Touro Law Review
No abstract provided.
What’S The Craic? Health Care For Deaf People In Northern Ireland,
2019
Touro University Jacob D. Fuchsberg Law Center
What’S The Craic? Health Care For Deaf People In Northern Ireland, Michael A. Schwartz
Touro Law Review
No abstract provided.
Canines In The Classroom Redux: Applying The Ada Or The Idea To Determine Whether A Student Should Be Allowed To Be Accompanied By A Service Animal At A Primary Or Secondary Educational Institution,
2019
Touro University Jacob D. Fuchsberg Law Center
Canines In The Classroom Redux: Applying The Ada Or The Idea To Determine Whether A Student Should Be Allowed To Be Accompanied By A Service Animal At A Primary Or Secondary Educational Institution, Rebecca J. Huss
Touro Law Review
No abstract provided.
Endrew F. Clairvoyance,
2019
Touro University Jacob D. Fuchsberg Law Center
Why America Is Better Off Because Of The Americans With Disabilities Act And The Individuals With Disabilities Education Act,
2019
Touro University Jacob D. Fuchsberg Law Center
Why America Is Better Off Because Of The Americans With Disabilities Act And The Individuals With Disabilities Education Act, Peter Blanck
Touro Law Review
No abstract provided.
Knowledge Of Practicing Physicians About Their Legal Obligations When Caring For Patients With Disability,
2019
Harvard University - Mongan Institute Health Policy Center
Knowledge Of Practicing Physicians About Their Legal Obligations When Caring For Patients With Disability, Nicole Agaronnik, Elizabeth Pendo, Julie Ressalam, Eric G. Campbell, Lisa Iezzoni
All Faculty Scholarship
doi: 10.1377/hlthaff.2018.05060 HEALTH AFFAIRS 38, NO. 4 (2019): 545–553
Forgotten Children: Rethinking The Individuals With Disabilities Education Act Behavior Provisions,
2019
University of San Diego School of Law
Forgotten Children: Rethinking The Individuals With Disabilities Education Act Behavior Provisions, Margaret A. Dalton
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Forgotten Children: Rethinking The Individuals With Disabilities Education Act Behavior Provisions,
2019
University of San Diego School of Law
Forgotten Children: Rethinking The Individuals With Disabilities Education Act Behavior Provisions, Margaret A. Dalton
American University Journal of Gender, Social Policy & the Law
No abstract provided.
I’Ll See You In Court, But Not Pursuant To Dasa,
2019
Touro University Jacob D. Fuchsberg Law Center
I’Ll See You In Court, But Not Pursuant To Dasa, Adam I. Kleinberg, Alex Eleftherakis
Touro Law Review
No abstract provided.
Do Human Rights Treaties Matter: The Case For The United Nations Convention On The Rights Of People With Disabilities,
2019
Vanderbilt University Law School
Do Human Rights Treaties Matter: The Case For The United Nations Convention On The Rights Of People With Disabilities, Arlene S. Kanter
Vanderbilt Journal of Transnational Law
In the United States, and throughout many other parts of the world, we are witnessing attacks on basic human rights. As poverty, inequality, and suffering are evident in so many parts of the world today, there are those who say that the entire human rights regime has failed. This author does not agree. While it is true that human rights treaties have not realized their full potential in every country that has ratified them, human rights treaties do "matter." This Article makes the case for human rights treaties by referring to the success of the Convention on the Rights of …
The Application Of Title Ii Of The Americans With Disabilities Act To Employment Discrimination: Why The Circuits Have Gotten It Wrong,
2019
Touro Law Center
The Application Of Title Ii Of The Americans With Disabilities Act To Employment Discrimination: Why The Circuits Have Gotten It Wrong, William Brooks
Touro Law Review
No abstract provided.
Some Things Are Too Hot To Touch: Competency, The Right To Sexual Autonomy, And The Roles Of Lawyers And Expert Witnesses,
2019
New York Law School
Some Things Are Too Hot To Touch: Competency, The Right To Sexual Autonomy, And The Roles Of Lawyers And Expert Witnesses, Michael L. Perlin, Alison Lynch, Valerie R. Mcclain
Articles & Chapters
No abstract provided.
Temptation's Page Flies Out The Door: Navigating Complex Systems Of Disability And The Law From A Therapeutic Jurisprudence Perspective,
2019
New York Law School
Temptation's Page Flies Out The Door: Navigating Complex Systems Of Disability And The Law From A Therapeutic Jurisprudence Perspective, Michael L. Perlin, Mehgan Gallagher
Articles & Chapters
This article considers the difficulties inherent in the navigation of the legal system and the disability system, difficulties made more complicated when these systems intersect. Although this problem is not a new one, remarkably, it has never been the subject of any legal scholarship. We argue here that it is futile to consider either system to be a uniform one, and that to make any sense of the underlying ambiguities, it is necessary to consider both the potential conflicts both between domestic and international law (using fitness to proceed to trial as a case example), and the conflicts between social …
The Strings In The Books Ain't Pulled And Persuaded: How The Use Of Improper Statistics And Unverified Data Corrupts The Judicial Process In Sex Offender Cases,
2019
New York Law School
The Strings In The Books Ain't Pulled And Persuaded: How The Use Of Improper Statistics And Unverified Data Corrupts The Judicial Process In Sex Offender Cases, Heather Ellis Cucolo, Michael L. Perlin
Articles & Chapters
An examination of a range of judicial decisions involving sexual offender determinations reveals that, frequently, courts rely improperly on inaccurate and under-developed statistics as well as unverified and outdated information. This reliance, too often, underlies rulings that subject the sex offender to significant sanctions and loss of liberty. Additionally, the continuation of the testimonial script that all sex offenders are high recidivists, dangerous, compulsive and untreatable, contributes to the anti-therapeutic effect of shaming and humiliation. This results in isolation, seclusion, lack of dignity; also, it further trivializes the judicial process, and violates the tenants of therapeutic jurisprudence. Despite the “frightening …
There's Voices In The Night Trying To Be Heard: The Potential Impact Of The Convention On The Rights Of Persons With Disabilities On Domestic Mental Disability Law,
2019
New York Law School
There's Voices In The Night Trying To Be Heard: The Potential Impact Of The Convention On The Rights Of Persons With Disabilities On Domestic Mental Disability Law, Michael L. Perlin, Naomi Weinstein
Articles & Chapters
This paper carefully examines, through a therapeutic jurisprudence framework, the likely impact of the ratification of this UN Convention on society’s sanist attitudes towards persons with mental disabilities. We argue that it is impossible to consider the impact of anti-discrimination law on persons with mental disabilities without a full understanding of how sanism -- an irrational prejudice of the same quality and character of other irrational prejudices that cause (and are reflected in) prevailing social attitudes of racism, sexism, homophobia, and ethnic bigotry -- permeates all aspects of the legal system and the entire fabric of American society.
Notwithstanding nearly …
A World Of Steel-Eyed Death: An Empirical Evaluation Of The Failure Of The Strickland Standard To Ensure Adequate Counsel To Defendants With Mental Disabilities Facing The Death Penalty,
2019
New York Law School
A World Of Steel-Eyed Death: An Empirical Evaluation Of The Failure Of The Strickland Standard To Ensure Adequate Counsel To Defendants With Mental Disabilities Facing The Death Penalty, Michael L. Perlin, Talia Roitberg Harmon, Sarah Chatt
Articles & Chapters
Anyone who has been involved with death penalty litigation in the past four decades knows that one of the most scandalous aspects of that process—in many ways, the most scandalous—is the inadequacy of counsel so often provided to defendants facing execution. By now, virtually anyone with even a passing interest is well versed in the cases and stories about sleeping lawyers, missed deadlines, alcoholic and disoriented lawyers, and, more globally, lawyers who simply failed to vigorously defend their clients. This is not news.
And, in the same vein, anyone who has been so involved with this area of law and …
A Tj Approach To Mental Disability Rights Research: On Sexual Autonomy And Sexual Offending,
2019
New York Law School
A Tj Approach To Mental Disability Rights Research: On Sexual Autonomy And Sexual Offending, Michael L. Perlin, Heather Ellis Cucolo, Alison Lynch
Articles & Chapters
We believe it is impossible to understand the development and the power of therapeutic jurisprudence (TJ) without acknowledging that its roots in mental disability law have continued to expand and flourish over the decades, and that there is no other substantive area of the law in which every aspect – substantive and procedural, civil and criminal, statutory and constitutional. domestic and international – has been weighed and evaluated using a TJ lens. In this chapter, we consider how those roots have shaped the last three decades of research and the implications of what has developed. We look carefully at two …
Explaining "Not Disabled" Cases Ten Years After The Adaaa: A Story Of Ignorance, Incompetence, And Possibly Animus,
2019
William & Mary Law School
Explaining "Not Disabled" Cases Ten Years After The Adaaa: A Story Of Ignorance, Incompetence, And Possibly Animus, Nicole Buonocore Porter
Faculty Publications
I set out to find and read every case that addressed the definition of disability from the point my last article left off until the present (January 1, 2014 through December 31, 2018). This resulted in 976 cases. Of those 976 cases, the court erroneously held that the plaintiff was not disabled in 210 of them...
This Article attempts to explain what went wrong—why did courts incorrectly hold that the plaintiff was not disabled in more than 200 cases? The answer, I’ve concluded, is a little bit of ignorance (courts and parties that were apparently unaware that the ADAAA was …
