Disability Law Commons^™

Yttrande Rörande Socialstyrelsens Kunskapsöversikt Om Fc, Gregor Noll

Gregor Noll

No abstract provided.

The Marrakesh Puzzle, Marketa Trimble

Scholarly Works

This article analyzes the puzzle created by the 2013 Marrakesh Treaty in its provisions concerning the cross-border exchange of copies of copyrighted works made for use by persons who are “blind, visually impaired, or otherwise print disabled” (copies known as “accessible format copies”). The analysis should assist executive and legislative experts as they seek optimal methods for implementing the Treaty. The article provides an overview of the Treaty, notes its unique features, and examines in detail its provisions on the cross-border exchange of accessible format copies. The article discusses three possible sources for implementation tools – choice of law rules, …

The Tort Label, Sandra F. Sperino

Faculty Articles and Other Publications

Courts and commentators often label federal discrimination statutes as torts. Since the late 1980s, the courts increasingly applied tort concepts to these statutes. This Article discusses how courts placed employment discrimination law within the organizational umbrella of tort law without examining whether the two areas share enough theoretical and doctrinal affinities.

While discrimination statutes are torts in some general sense that they do not arise out of criminal law and are not solely contractual, it is far from clear that these statutes are enough like traditional torts to justify the reflexive and automatic use of tort law. Employment discrimination statutes …

The Democratic Life Of The Union: Toward Equal Voting Participation For Europeans With Disabilities, János Fiala-Butora, Michael Ashley Stein, Janet E. Lord

Faculty Publications

This Article puts forward preliminary legal scholarship on equal political participation by persons with disabilities and what international human rights law requires for its attainment. The goal is to provoke an informed dialogue on the neglected but fundamental human right to enfranchisement by persons with disabilities while also acknowledging that a complete and just resolution requires further information and reflection.

The Article argues that the fundamental right to vote cannot be curtailed on the basis of an alleged lack of capacity. Disenfranchisement based on individual assessment unjustly excludes a certain number of voting-capable individuals. Since all those affected are persons …

Designing A Flexible World For The Many: "Essential Functions" And Title I Of The Americans With Disabilities Act, Michael J. Powers

University of Michigan Journal of Law Reform

This Note explores how courts interpret the meaning of “essential functions” under Title I of the Americans with Disabilities Act. To be protected under the ADA, a plaintiff must be able to perform the “essential functions” of her job with or without a reasonable accommodation. In general, courts follow one of two approaches when interpreting this phrase. The first approach narrowly focuses on the employer’s judgment regarding which functions are essential. The second approach considers the employer’s judgment, but looks beyond to consider the broader employment relationship. This Note argues that these different approaches have led to varying levels of …

Growing Ideas - Confidentiality: Respecting The Privacy Of All Families, University Of Maine Center For Community Inclusion And Disability Studies

Early Childhood Resources

Care and education professionals routinely receive confidential information about children and families as part of their work. Maintaining confidentiality is important both legally and ethically.

Growing Ideas - Caring For Young Children - Business Matters, University Of Maine Center For Community Inclusion And Disability Studies

Early Childhood Resources

Caregivers or business owners? Family child care providers are both. Paying attention to the business aspects of running a family child care home is an important component to having the income and working environment needed for program success.

Growing Ideas - Building Belonging: Providing Guidance For Social Skill Development, University Of Maine Center For Community Inclusion And Disability Studies

Early Childhood Resources

As young children with and without disabilities grow, they are learning how to develop relationships with others and to be members of a community. All children need support to learn and achieve these important life skills. The process adults use to teach and support this learning is known as guidance. Effective guidance assumes the following conditions: Respect, understanding, and appreciation for every child’s unique qualities; Knowledge that children’s mistaken behaviors provide learning opportunities; An encouraging community where every child belongs and feels safe; and a developmentally appropriate, culturally responsive setting.

Growing Ideas - Partnering With An Early Childhood Mental Health Consultant, University Of Maine Center For Community Inclusion And Disability Studies

Early Childhood Resources

Early Childhood Mental Health Consultation (ECMHC) is a collaborative relationship between a mental health consultant and families, care and education professionals, and/or early care and education teachers. ECMHC strives to improve the ability of families, teachers, and care and education professionals to promote, sustain and restore healthy social and emotional development for all children. Early Childhood Mental Health Consultation approaches challenging situations with children from a problem solving perspective. ECMHC is not a therapeutic intervention: it occurs in the children's natural settings - child care, home, and school.

Growing Ideas - Admissions Policies And Practices That Build Inclusive Child Care Communities (For Providers), University Of Maine Center For Community Inclusion And Disability Studies

Early Childhood Resources

Quality inclusive child care settings include children with disabilities and health, behavioral or mental health concerns. Admissions policies that clearly state eligibility criteria, practices, program and parent and/or guardian responsibilities, can help families evaluate if the program will be a good match for their child. Providers may want to obtain legal advice to be sure their policy and procedures align with relevant federal and state laws and regulations.

Growing Ideas - Admissions Policies And Practices That Build Inclusive Child Care Communities (For Parents And Guardians), University Of Maine Center For Community Inclusion And Disability Studies

Early Childhood Resources

All children, including children with disabilities, benefit when quality inclusive child care settings provide an equal opportunity to participate. Admissions policies and practices that reflect this inclusive philosophy can help parents and guardians evaluate whether the program will be a good match for their child.

Growing Ideas - Laws That Support Early Childhood Education For All, University Of Maine Center For Community Inclusion And Disability Studies

Early Childhood Resources

State and federal laws protect the rights of children with disabilities. These laws support the inclusion of children with disabilities in care and education settings. Care and education professionals should be familiar with these laws.

Growing Ideas - Inclusive Early Childhood Education, University Of Maine Center For Community Inclusion And Disability Studies

Early Childhood Resources

Inclusive early childhood programs are built upon a foundation of developmentally appropriate practice (DAP) and consider individualized approaches that benefit all children. Inclusive programs welcome ALL children, including children with disabilities, and provide opportunities for each child in the group to participate, learn, and truly belong. Care and education professionals consider the needs of all children when planning, implementing, and evaluating the program.

Growing Ideas - Friends & Feelings: Social-Emotional Development In Young Children, University Of Maine Center For Community Inclusion And Disability Studies

Early Childhood Resources

Social-emotional development involves the ability to form close, secure relationships and to experience, regulate, and express emotions. Social-emotional growth is affected by a variety of factors, such as an individual’s unique biology and temperament, as well as life experiences. “Social” refers to how individuals interact with others. “Emotional” refers to how individuals feel about themselves, others, and the world.

Planning Accessible Meetings And Conferences: A Suggested Checklist And Guide, University Of Maine Center For Community Inclusion And Disability Studies,, Speaking Up For Us Of Maine

Community Living

This checklist was updated in November 2020 to include information for online meetings and conferences.

This checklist is designed to help any person, group, or organization plan a meeting or conference that is inclusive and welcoming for everyone. It offers helpful suggestions in many areas of event planning, including choosing a location, using respectful language for registration questions about accommodations, and tips on refreshments and meals. Its purpose is to provide practical recommendations that promote meaningful participation for everyone.

Leroy Pitzer: Citizen, Voter, Lunatic?, Rabia Belt

Studio for Law and Culture

In a 1905 Ohio case, In re South Charleston Election Contest, Leroy Pitzer was accused of being a “lunatic” or an “idiot” and thus unable to vote in a tight and contest election that ripped the town of South Charleston in half. After intense deliberations – and considering 29 different definitions of lunacy and idiocy – the court decided that something was wrong with Leroy Pitzer, but they could not figure out exactly what. They also could not determine who Pitzer voted for. Unfortunately, without his vote, the election result was a tie and the entire election was rerun.

The …

In Defense Of Idea Due Process, Mark Weber

College of Law Faculty

Due Process hearing rights under the Individuals with Disabilities Education Act are under attack. A major professional group and several academic commentators charge that the hearings system advantages middle class parents, that it is expensive, that it is futile, and that it is unmanageable. Some critics would abandon individual rights to a hearing and review in favor of bureaucratic enforcement or administrative mechanisms that do not include the right to an individual hearing before a neutral decision maker. This Article defends the right to a due process hearing. It contends that some criticisms of hearing rights are simply erroneous, and …

Brown's Dream Deferred: Lessons On Democracy And Identity From Cooper V. Arron To The School-To-Prison Pipeline, Lia Epperson

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Should States Ban The Use Of Non-Positive Interventions In Special Education? Re-Examining Positive Behavior Supports Under The Idea, Elizabeth Shaver

Akron Law Faculty Publications

In the 1980s and 1990s, behavior analysts vigorously debated ethical concerns about the use of certain behavioral interventions to address severe behavior of disabled children. In 1997, while that debate was still ongoing, the Individuals with Disabilities Education Act (IDEA) was amended to require educators to consider the use of “positive behavioral interventions and supports,” among other strategies, to address problem behavior that impedes a disabled child’s learning. Since 1997, the “positive behavioral interventions and supports” framework has shifted focus, but IDEA’s language essentially has stayed the same. In addition, some states have enacted poorly-worded statutes or regulations in order …

Reasonable Accommodations On The Bar Exam: Leveling The Playing Field Or Providing An Unfair Advantage?, Amanda M. Foster

Faculty Scholarship

If you ask law students what they think about examination accommodations provided to students with disabilities, including learning disabilities, most students will tell you that it is unfair that some students get more time to take an examination. The misconception that accommodations provide an unfair advantage may stem from the fact that not all students understand the Americans with Disabilities Act ("ADA"), its purpose, and the reasons why individuals receive such accommodations. In fact, the ADA has applications beyond the employment context. Specifically, the ADA ensures that students with disabilities who graduate "from medical school, law school, and other professional …