"No Handicapped People Allowed": The Need For Objective Accessibiity Standards Under The Fair Housing Act,
2016
University of Washington School of Law
"No Handicapped People Allowed": The Need For Objective Accessibiity Standards Under The Fair Housing Act, Michael J. Jeter
Washington Law Review
The Fair Housing Act (FHA or the Act) sets forth accessibility requirements that housing developers must meet, but the Act does not contain objective performance standards for satisfying those requirements. This omission creates substantial barriers in housing opportunities for persons with disabilities. For example, the FHA mandates that doors must be wide enough to allow passage of wheelchair users, but it does not provide measurements for door width. The United States Department of Housing and Urban Development (HUD) has attempted to use ten model building codes or “safe harbors” from its regulations as minimal objective standards for accessibility. HUD and …
From Mainstreaming To Marginalization?--Idea's De Facto Segregation Consequences And Prospects For Restoring Equity In Special Education,
2016
University of Richmond School of Law
From Mainstreaming To Marginalization?--Idea's De Facto Segregation Consequences And Prospects For Restoring Equity In Special Education, Kerrigan O'Malley
University of Richmond Law Review
Part I of this comment provides an overview of IDEA provisions and implementation regulations followed by a review of judicial interpretations in landmark IDEA service delivery cases, specifically the Supreme Court's Rowley ruling. Drawing upon both le-gal and educational scholarship, this analysis then assesses how IDEA's aspirational equality goals ultimately devolved into de facto segregation in special education. Part II considers factors resulting from the Supreme Court's tuition reimbursement rulings that trend away from IDEA's original equality purpose and integration preference to compromise equality in four ways: creating a means-based bias in private school placement; undermining IDEA's cooperative paradigm and …
The Effects Of Allergies And Anaphylaxis On The Body And Mind: A Survey Of Opinions And Knowledge On These Disorders,
2016
Augustana College, Rock Island Illinois
The Effects Of Allergies And Anaphylaxis On The Body And Mind: A Survey Of Opinions And Knowledge On These Disorders, Kathryn E. O'Brien
Honors Program: Student Scholarship & Creative Works
Despite common knowledge, allergies and anaphylaxis are considered disabilities. As such, these disorders affect the daily lives of those who have them, including one's mental health. In this paper, all the nuances of allergies and anaphylaxis will be discussed as the etiology and scientific aspects of allergies, anaphylaxis, and hypersensitivity are distinguished from one another. Furthermore, the findings are reported from two surveys; an assessment of how well educated and prepared teachers are for students with allergies and whether other students with food allergies have had similar experiences to the author's and those described in research by other studies concerning …
Politically Correct Eugenics,
2016
Barry University
Politically Correct Eugenics, Seema Mohapatra
Faculty Scholarship
No abstract provided.
Vexatious Litigants And The Ada: Strategies To Fairly Address The Need To Improve Access For Individuals With Disabilities,
2016
Barry University
Vexatious Litigants And The Ada: Strategies To Fairly Address The Need To Improve Access For Individuals With Disabilities, Helia Garrido Hull
Faculty Scholarship
No abstract provided.
Use Of Facial Recognition Technology For Medical Purposes: Balancing Privacy With Innovation,
2016
Barry University
Use Of Facial Recognition Technology For Medical Purposes: Balancing Privacy With Innovation, Seema Mohapatra
Faculty Scholarship
No abstract provided.
Towards Reasonable: The Rise Of State Pregnancy Accommodation Laws,
2016
Seton Hall University School of Law
Towards Reasonable: The Rise Of State Pregnancy Accommodation Laws, Stephanie A. Pisko
Michigan Journal of Gender & Law
In light of the recent Supreme Court decision Young v. UPS, pregnancy accommodation in the workplace is once again at the forefront of employment law. Pregnancy is not considered a disability under the ADA, nor is it within the scope of Title VII protections, but states are passing their own pregnancy accommodation laws. These laws will affect employers and employees alike, but exactly how is uncertain. Perhaps the most natural (and obvious) result of the explosion of state pregnancy accommodation laws will be a federal law, or an amendment to the ADA categorizing pregnancy as a disability. But there …
Not Just Horsing Around: Providing A Free And Appropriate Public Education By Deeming Hippotherapy To Be The "Basic Floor Of Opportunity" For Children With Cerebral Palsy,
2016
University of Kentucky
Not Just Horsing Around: Providing A Free And Appropriate Public Education By Deeming Hippotherapy To Be The "Basic Floor Of Opportunity" For Children With Cerebral Palsy, Elizabeth A. Beal
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
Said I, 'But You Have No Choice': Why A Lawyer Must Ethically Honor A Client's Decision About Mental Health Treatment Even If It Is Not What S/He Would Have Chosen,
2016
New York Law School
Said I, 'But You Have No Choice': Why A Lawyer Must Ethically Honor A Client's Decision About Mental Health Treatment Even If It Is Not What S/He Would Have Chosen, Michael L. Perlin, Naomi M. Weinstein
Cardozo Public Law, Policy & Ethics Journal
The article argues that lawyers representing individuals with mental disabilities have an ethical responsibility to prioritize their clients' expressed preferences and autonomy, rejecting the presumption that substituted decisionmaking is acceptable. It critiques the legal system's reliance on paternalistic approaches and highlights the importance of supported decisionmaking, as mandated by international human rights law, particularly under the Convention on the Rights of Persons with Disabilities (CRPD). The analysis emphasizes the need for legal frameworks and attorney practices to align with therapeutic jurisprudence, which prioritizes psychological well-being and dignity while upholding due process principles.
Sexuality, Disability, And The Law: Beyond The Last Frontier? (2016),
2016
New York Law School
Sexuality, Disability, And The Law: Beyond The Last Frontier? (2016), Michael L. Perlin, Alison Lynch
Books
Sexuality, Disability, and the Law approaches issues of sexual autonomy and disability from multiple perspectives, including constitutional law, international human rights, therapeutic jurisprudence, history, cognitive psychology, dignity studies, and theories and findings on gender constructs and societal norms. Perlin and Lynch determine that if our society continues to assert that persons with mental disabilities possess a primitive morality, we allow ourselves to censor their feelings and their actions. By denying their ability and desires to show love and affection, we justify this disparate treatment. Our reliance on stereotypes has warped our attitudes and our policies, and has allowed us to …
The Need For Better Medical Evidence In Va Disability Compensation Cases And The Argument For More Medical-Legal Partnerships,
2016
Stetson University College of Law
The Need For Better Medical Evidence In Va Disability Compensation Cases And The Argument For More Medical-Legal Partnerships, Stacey-Rae Simcox
South Carolina Law Review
No abstract provided.
"Your Corrupt Ways Had Finally Made You Blind": Prosecutorial Misconduct And The Use Of "Ethnic Adjustments" In Death Penalty Cases Of Defendants With Intellectual Disabilities,
2016
New York Law School
"Your Corrupt Ways Had Finally Made You Blind": Prosecutorial Misconduct And The Use Of "Ethnic Adjustments" In Death Penalty Cases Of Defendants With Intellectual Disabilities, Michael L. Perlin
American University Law Review
No abstract provided.
Are Intellectually Disabled Individuals Still At Risk Of Capital Punishment After Hall V. Florida? The Need For A Totality-Of-The-Evidence Test To Protect Human Rights In Determining Intellectual Disability,
2016
University of Oklahoma College of Law
Are Intellectually Disabled Individuals Still At Risk Of Capital Punishment After Hall V. Florida? The Need For A Totality-Of-The-Evidence Test To Protect Human Rights In Determining Intellectual Disability, Ruthie Stevens
Oklahoma Law Review
No abstract provided.
Family Law–Providing For Those Who Cannot Provide For Themselves: A Proposal For The Arkansas General Assembly To Follow In The Footsteps Of An Already Expansive Guardianship Law And Grant Guardians The Right To File For Divorce On Behalf Of A Ward,
2016
University of Arkansas Little Rock
Family Law–Providing For Those Who Cannot Provide For Themselves: A Proposal For The Arkansas General Assembly To Follow In The Footsteps Of An Already Expansive Guardianship Law And Grant Guardians The Right To File For Divorce On Behalf Of A Ward, Matthew L. Brunson
University of Arkansas at Little Rock Law Review
No abstract provided.
Give Them A Reason They Can Understand: An Examination Of Rhode Island's Medicaid Ineligibility Notices To The State's Most Vulnerable Populations,
2016
J.D.Candidate, Roger Williams University School of Law, 2017
Give Them A Reason They Can Understand: An Examination Of Rhode Island's Medicaid Ineligibility Notices To The State's Most Vulnerable Populations, Laura Pickering
Roger Williams University Law Review
No abstract provided.
Hidden From View: Disability, Segregation And Work,
2016
Saint Louis University School of Law
Hidden From View: Disability, Segregation And Work, Elizabeth Pendo
All Faculty Scholarship
The employment provisions of the Americans with Disabilities Act of 1990 were intended to bring working-age people with disabilities into the workplace by providing options for them to seek and gain meaningful, integrated employment. Although the ADA has made significant gains, the rate of progress in employment has been disappointing. While the lack of progress of people with disabilities in the traditional workplace has received attention, the work done by many, especially those with severe disabilities in segregated workplaces, remains hidden in sheltered workshops. This chapter explores the intersection of the concepts of disability, invisibility, and work and identifies the …
From Development As Disaster To Disaster As Development: Lessons From The Marseille Plague Of 1720,
2016
Osgoode Hall Law School of York University
From Development As Disaster To Disaster As Development: Lessons From The Marseille Plague Of 1720, Saptarishi Bandopadhyay
Articles & Book Chapters
No abstract provided.
Organizational Transformation: Guiding Principles For Community Providers (Bringing Employment First To Scale, Issue No. 6),
2016
University of Massachusetts Boston
Organizational Transformation: Guiding Principles For Community Providers (Bringing Employment First To Scale, Issue No. 6), Jaimie Ciulla Timmons, Amie Lulinski, Cindy Thomas, Thinkwork! At The Institute For Community Inclusion At Umass Boston
All Institute for Community Inclusion Publications
A key area of focus for our Rehabilitation Research and Training Center (RRTC) is organizational transformation, leading to improved employment outcomes for those served by community provider organizations. Community provider organizations and their staff are the primary source of day and employment supports for people with intellectual and/or developmental disabilities (IDD). Among this large provider community, variation of services and employment philosophies exists. Many believe that facility-based programs are essential for individuals with disabilities who are having difficulty getting or maintaining competitive work in the labor force, and have limited plans to expand competitive integrated employment. Others believe that all …
Data Note: The Engagement Of Young Adults With Intellectual Disabilities In Vocational Rehabilitation: 2010–2014 State Trends,
2016
University of Massachusetts Boston
Data Note: The Engagement Of Young Adults With Intellectual Disabilities In Vocational Rehabilitation: 2010–2014 State Trends, Alberto Migliore, Jean Winsor, Caro Narby, Thinkwork! At The Institute For Community Inclusion At Umass Boston
Data Note Series, Institute for Community Inclusion
In this Data Note, we look at the average number of young adults with intellectual disabilities (ID) who between 2010 and 2014 exited vocational rehabilitation (VR) programs in each of the 50 states and the District of Columbia.
Achieving Best Practice In Employment Supports: Defining Measures Of Effectiveness (Bringing Employment First To Scale, Issue No. 4),
2016
University of Massachusetts Boston
Achieving Best Practice In Employment Supports: Defining Measures Of Effectiveness (Bringing Employment First To Scale, Issue No. 4), Thinkwork! At The Institute For Community Inclusion At Umass Boston
All Institute for Community Inclusion Publications
People with intellectual and developmental disabilities (IDD) are among the most likely Americans to be unemployed, live in poverty, or rely on public programs. In 2013, only 23% of working-age people with cognitive disabilities—a broad demographic category that includes individuals with IDD—were employed, compared to 72% of people without disabilities. While over 30 states have adopted an Employment First policy (a declaration that employment is the priority outcome for people with disabilities), a key challenge is ensuring that supports meet the standards for best practice. Employment supports are delivered by what we refer to as “employment consultants.” We use this …
