2016 Cardozo Public Law, Policy, And Ethics Journal Symposium,
2016
Yeshiva University, Cardozo School of Law
2016 Cardozo Public Law, Policy, And Ethics Journal Symposium
Cardozo Public Law, Policy & Ethics Journal
No abstract provided.
Save The Social Security Disability Trust Fund! And Reduce Ssi Exposure To The General Fund,
2016
Pepperdine University
Save The Social Security Disability Trust Fund! And Reduce Ssi Exposure To The General Fund, Daniel F. Solomon
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Adjudicasaurus Rex,
2016
Pepperdine University
Adjudicasaurus Rex, Jeffrey S. Wolfe
Journal of the National Association of Administrative Law Judiciary
This article proposes a simple theme. While many issues plague the Social Security Disability Insurance and Supplemental Security Income programs, only reform of the hearings and appeals process can solve the decades-long (and growing) hearings backlog. Only then, can the remaining questions regarding the solvency of the DI trust fund be meaningfully addressed. As it now stands, the ongoing backlog of pending hearings and appeals feeds the twin plagues of rising costs and increasing delay. These are the very issues that drove the federal courts in the passage of the Civil Justice Reform Act of 1990 (CJRA). This article provides …
Use Of Facial Recognition Technology For Medical Purposes: Balancing Privacy With Innovation,
2016
Pepperdine University
Use Of Facial Recognition Technology For Medical Purposes: Balancing Privacy With Innovation, Seema Mohapatra
Pepperdine Law Review
Imagine applying for a job, and as part of your application process, your prospective employer asks for a photograph. You, as an eager candidate, comply with the request and, unbeknownst to you, the employer runs your picture through a software program that scans you for any common genetic diseases and that estimates your longevity. Alas, your face indicates that you may die young. No job for you. Although this sounds like science fiction, we may not be that far off from this scenario. In June 2014, scientists from Oxford reported that they have developed a facial recognition program that uses …
Immigration And Disability In The United States And Canada,
2016
DePaul University College of Law
Immigration And Disability In The United States And Canada, Mark Weber
College of Law Faculty
Disability arises from the dynamic between people’s physical and mental conditions andthe physical and attitudinal barriers in the environment. Applying this idea aboutdisability to United States and Canadian immigration law draws attention to barriers toentry and eventual citizenship for individuals who have disabilities. Historically, NorthAmerican law excluded many classes of immigrants, including those with intellectualdisabilities, mental illness, physical defects, and conditions likely to cause dependency.Though exclusions for individuals likely to draw excessive public resources and thosewith communicable diseases still exist in Canada and the United States, in recent yearsthe United States permitted legalization for severely disabled undocumented immigrantsalready in the …
Able Act Accounts: Achieving A Better Life Experience For Individuals With Disabilities With Tax-Preferred Savings (And The Old Reliable Special And Supplemental Needs Trusts),
2016
Mitchell Hamline School of Law
Able Act Accounts: Achieving A Better Life Experience For Individuals With Disabilities With Tax-Preferred Savings (And The Old Reliable Special And Supplemental Needs Trusts), David A. Rephan, Joelle Groshek
Mitchell Hamline Law Review
No abstract provided.
The Practice Of Elder Law,
2016
Mitchell Hamline School of Law
The Practice Of Elder Law, Stuart C. Bear
Mitchell Hamline Law Review
No abstract provided.
Criminal And Adult Protection Financial Exploitation Laws In The United States: How Do The Statutes Measure Up To Existing Research?,
2016
Mitchell Hamline School of Law
Criminal And Adult Protection Financial Exploitation Laws In The United States: How Do The Statutes Measure Up To Existing Research?, Kevin E. Hansen, Jonathan Hampel, Sandra L. Reynolds, Iris C. Freeman
Mitchell Hamline Law Review
No abstract provided.
Practical Islamic Estate Planning: A Short Primer,
2016
Mitchell Hamline School of Law
Practical Islamic Estate Planning: A Short Primer, Imani Jaafar
Mitchell Hamline Law Review
No abstract provided.
The New Minnesota Trust Code: Out With (Most Of) The Old And In With (Most Of) The Utc,
2016
Mitchell Hamline School of Law
The New Minnesota Trust Code: Out With (Most Of) The Old And In With (Most Of) The Utc, Jennifer A. Maas
Mitchell Hamline Law Review
No abstract provided.
Person-Centered Guardianship: How The Rise Of Supported Decision-Making And Person-Centered Services Can Help Olmstead's Promise Get Here Faster,
2016
Mitchell Hamline School of Law
Person-Centered Guardianship: How The Rise Of Supported Decision-Making And Person-Centered Services Can Help Olmstead's Promise Get Here Faster, Sean Burke
Mitchell Hamline Law Review
No abstract provided.
Sending The Wrong Message: The Current State Of Minnesota Law Raises Multiple Barriers To Meaningful Resolution For Our Elder Population When Bringing Medical Malpractice Claims,
2016
Mitchell Hamline School of Law
Sending The Wrong Message: The Current State Of Minnesota Law Raises Multiple Barriers To Meaningful Resolution For Our Elder Population When Bringing Medical Malpractice Claims, Suzanne M. Scheller
Mitchell Hamline Law Review
No abstract provided.
She Works Hard For The Money Wherever She Is: The Need To Abandon The Physical Presence Presumption In Telecommunication Cases Following Eeoc V. Ford,
2016
Villanova University Charles Widger School of Law
She Works Hard For The Money Wherever She Is: The Need To Abandon The Physical Presence Presumption In Telecommunication Cases Following Eeoc V. Ford, Sean Caulfield
Villanova Law Review (1956 - )
No abstract provided.
Lawyers For Legal Ghosts: The Legality And Ethics Of Representing Persons Subject To Guardianship,
2016
University of Washington School of Law
Lawyers For Legal Ghosts: The Legality And Ethics Of Representing Persons Subject To Guardianship, Nina A. Kohn, Catheryn Koss
Washington Law Review
A person subject to guardianship has been judicially determined to lack legal capacity. Stripped of legal personhood, the individual becomes a ward of the state and his or her decisions are delegated to a guardian. If the guardian abuses that power or the guardianship has been wrongly imposed—as research suggests is not infrequently the case—the person subject to guardianship may rightly wish to mount a legal challenge. However, effectively doing so requires the assistance of an attorney, and persons subject to guardianship typically have not only been declared by a court to be incapable of directing their own affairs but …
Everybody's Vaping For The Weekend: Nicotine Addiction As A Workplace Disability,
2016
University of Cincinnati College of Law
Everybody's Vaping For The Weekend: Nicotine Addiction As A Workplace Disability, Matthew M. Allen
University of Cincinnati Law Review
No abstract provided.
How The Ada Regulates And Restricts Solitary Confinement For People With Mental Disabilities,
2016
University of Michigan Law School
How The Ada Regulates And Restricts Solitary Confinement For People With Mental Disabilities, Margo Schlanger
Other Publications
In a landmark decision two decades ago, United States District Judge Thelton Henderson emphasized the toxic effects of solitary confinement for inmates with mental illness. In Madrid v. Gomez, a case about California’s Pelican Bay prison, Judge Henderson wrote that isolated conditions in the Special Housing Unit, or SHU, while not amounting to cruel and unusual punishment for all prisoners, were unconstitutional for those “at a particularly high risk for suffering very serious or severe injury to their mental health . . . .” Vulnerable prisoners included those with pre-existing mental illness, intellectual disabilities, and brain damage. Henderson concluded that …
Sufficiently Safeguarded?: Competency Evaluations Of Mentally Ill Respondents In Removal Proceedings,
2016
Boston University School of Law
Sufficiently Safeguarded?: Competency Evaluations Of Mentally Ill Respondents In Removal Proceedings, Sarah R. Sherman-Stokes
Faculty Scholarship
In this Article, I examine the current regime for making mental competency determinations of mentally ill and incompetent noncitizen respondents in immigration court. In its present iteration, mental competency determinations in immigration court are made by immigration judges, most commonly without the benefit of any mental health evaluation or expertise. In reflecting on the protections and processes in place in the criminal justice system, and on interviews with removal defense practitioners at ten different sites across the United States, I conclude that the role of the immigration judge in mental competency determinations must be changed in order to protect the …
Prostitution Policy: Legalization, Decriminalization And The Nordic Model,
2016
Seattle University School of Law
Prostitution Policy: Legalization, Decriminalization And The Nordic Model, Ane Mathieson, Easton Branam, Anya Noble
Seattle Journal for Social Justice
No abstract provided.
Don’T Risk It; Wait Until She’S Sober,
2016
Seattle University School of Law
Don’T Risk It; Wait Until She’S Sober, Patrick John White
Seattle Journal for Social Justice
No abstract provided.
Let’S Talk About Sex: A Call For Guardianship Reform In Washington State,
2016
Seattle University School of Law
Let’S Talk About Sex: A Call For Guardianship Reform In Washington State, Sage Graves
Seattle Journal for Social Justice
No abstract provided.
