There's A Dyin Voice Within Me Reaching Out Somewhere: How Tj Can Bring Voice To The Teaching Of Mental Disability Law And Criminal Law,
2015
New York Law School
There's A Dyin Voice Within Me Reaching Out Somewhere: How Tj Can Bring Voice To The Teaching Of Mental Disability Law And Criminal Law, Michael L. Perlin
Articles & Chapters
In this article, I discuss my historical involvement with therapeutic jurisprudence (TJ), how I use it in my classes (both in the free-standing TJ class and in all the others that I teach), its role in my written scholarship, and its role in conferences that I regularly attend. Although this is all positive and supportive of all efforts to widen the appeal of TJ as well as its applicability in the classroom, in scholarship and in “real life,” I also share some information that is far from optimistic with regard to the way that TJ is being reacted to by …
You Might Have Drugs At Your Command: Reconsidering The Forced Drugging Of Incompetent Pre-Trial Detainnes From The Perspectives Of International Human Rights And Income Inequality,
2015
New York Law School
You Might Have Drugs At Your Command: Reconsidering The Forced Drugging Of Incompetent Pre-Trial Detainnes From The Perspectives Of International Human Rights And Income Inequality, Michael L. Perlin, Meredith Schriver
Articles & Chapters
Ever since the Supreme Court's 2003 decision in Sell v. United States, 539 U.S. 166 (2003), there has been a cottage industry of commentary on the question of whether the state can medicate an incompetent defendant for the purpose of making him or her competent to stand trial. Moreover, there have been multiple cases interpreting Sell broadly and narrowly, both in the context of medication issues and in the context of other treatments. Because of the vagueness of certain terminology, questions such as what a "serious" crime is, what "substantially" meant to the Court in Sell, and how the least …
Creating A Building A Disability Rights Information Center For Asia And The Pacific Clinic: Of Pedagogy And Social Justice,
2015
New York Law School
Creating A Building A Disability Rights Information Center For Asia And The Pacific Clinic: Of Pedagogy And Social Justice, Michael L. Perlin, Catherine Barreda, Katherine Davies, Mehgan Gallagher, Nicole Israel, Stephanie Mendelsohn
Articles & Chapters
No abstract provided.
What Patients With Disability Teach Us About The Everyday Ethics Of Healthcare,
2015
University of Washington School of Law
What Patients With Disability Teach Us About The Everyday Ethics Of Healthcare, Elizabeth Pendo
Articles
In Healers: Extraordinary Clinicians at Work, by David Schenck and Dr. Larry Churchill, and in What Patients Teach: The Everyday Ethics of Health Care, their follow-up with Joseph Fanning, the authors look at the everyday experience of health care and the relationships that shape it. They call attention to the ethical dimensions of the clinical encounter and the hope for, and desirability of, a genuine human engagement between the clinician and the patient. In their view, healers are clinicians who cultivate a therapeutic relationship with their patients. They identify a set of skills that accomplish this, including welcoming …
Disparate Impact And Pregnancy: Title Vii's Other Accommodation Requirement,
2015
American University Washington College of Law
Disparate Impact And Pregnancy: Title Vii's Other Accommodation Requirement, Camille Hébert
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Promises Kept, Promises Broken, Promises Deferred: The Americans With Disabilities Act,
2015
American University Washington College of Law
Promises Kept, Promises Broken, Promises Deferred: The Americans With Disabilities Act, Robert Dinerstein
Scholarly Articles in Law Reviews & Journals
This article, which is part of a 25th anniversary symposium on the ADA's impact on people with intellectual and developmental disabilities, argues that although the ADA has led to some demonstrable improvements in the lives of people with intellectual disabilities, in some areas it has been disappointing (especially because of well-known restrictive court decisions or unrealistic expectations of what the ADA could achieve), while in still other areas the success of the ADA is still "to be determined." The ADA cannot by itself eliminate stigma against people with disabilities, and it is up to advocates to push for judicial and …
A Government Success Story: How Data Analysis By The Social Security Appeals Council (With A Push From The Administrative Conference Of The United States) Is Transforming Social Security Disability Adjudication,
2015
American University Washington College of Law
A Government Success Story: How Data Analysis By The Social Security Appeals Council (With A Push From The Administrative Conference Of The United States) Is Transforming Social Security Disability Adjudication, Jeffrey Lubbers, Gerald K. Ray
Scholarly Articles in Law Reviews & Journals
This Article for the special issue on the Administrative Conference of the United States ("ACUS") focuses on how a collaboration between ACUS and the Social Security Administration ("SSA") has helped SSA use data analysis to bring about significant improvements in the quality and consistency of disability case review. SSA's efforts to closely analyze numerous data points in the disability adjudication process (encouraged by ACUS recommendations) have produced information that has led to breakthroughs in how training is provided and feedback is given to Administrative Law Judges and other key staff, which has in turn led to improved productivity and accuracy …
The Americans With Disabilities Act At 25: The Highest Expression Of American Values,
2015
Georgetown University Law Center
The Americans With Disabilities Act At 25: The Highest Expression Of American Values, Lawrence O. Gostin
Georgetown Law Faculty Publications and Other Works
Enacted in 1990, the Americans with Disabilities Act (ADA) is a watershed piece of legislation which enshrines in law a social promise of equality and inclusion into all facets of life, while offering an inspiring model that much of the world has come to embrace. This editorial launches JAMA’s theme issue on the 25th anniversary of the ADA by detailing the Act’s history, main provisions, and far-reaching impacts on health, providing a context for the three Original Investigations and six scholarly Viewpoints that make up the theme issue. The editorial begins with a discussion of the ADA’s history, highlighting …
Withdrawn Accommodations,
2015
William & Mary Law School
Withdrawn Accommodations, Nicole Buonocore Porter
Faculty Publications
This Article addresses a phenomenon that often arises in reasonable accommodation cases under the Americans with Disabilities Act, a phenomenon I call “withdrawn accommodations.” This occurs when an employer has agreed to provide an accommodation to an employee with a disability and then later withdraws the accommodation. Employers might withdraw accommodations for a couple of reasons. First, an employer might withdraw an accommodation because it finds out that the employee’s need for the accommodation is permanent, rather than temporary, as the employer might have first believed. Second, a new supervisor might arrive on the scene, and decide to withdraw a …
Self-Perception Of Disability And Prospects For Employment Among U.S. Veterans,
2015
William & Mary Law School
Self-Perception Of Disability And Prospects For Employment Among U.S. Veterans, Christopher L. Griffin Jr., Michael Ashley Stein
Faculty Publications
No abstract provided.
What Disability Means To Me: When The Personal And Professional Collide,
2015
William & Mary Law School
What Disability Means To Me: When The Personal And Professional Collide, Nicole Buonocore Porter
Faculty Publications
No abstract provided.
The Difficulty Accommodating Health Care Workers,
2015
William & Mary Law School
The Difficulty Accommodating Health Care Workers, Nicole Buonocore Porter
Faculty Publications
I argue that accommodating health care workers is difficult, perhaps more difficult than accommodating other workers, and I explain why. First, in Part II, I will describe the characteristics of health care jobs that make those jobs difficult for individuals with disabilities. These characteristics include: (1) most health care jobs are physically rigorous, often involving heavy lifting, pushing, and walking and standing for long periods of time; (2) most health care jobs involve long hours and/or shift work; and (3) the majority of jobs in the health care industry are safety-sensitive positions, with life or death often hanging in the …
The Disability Cliff,
2015
University of Michigan Law School
The Disability Cliff, Samuel R. Bagenstos
Articles
We’re pretty good about caring for our disabled citizens—as long as they’re children. It’s time to put equal thought into their adulthoods.
Law And People With Disabilities,
2015
University of Baltimore School of Law
Law And People With Disabilities, Janet E. Lord, Deepti S. Raja, Peter Blanck
All Faculty Scholarship
This article describes the progressive development of disability law, particularly in light of international developments that are transforming domestic disability law frameworks. It provides an overview of the conceptualization of disability in law, charting the shift from a medical model to a social model of disability and more recently to a human rights model. The abstract covers the implications of the Convention on the Rights of Persons with Disabilities (CRPD), and the processes and approaches for translating international disability law standards into national level law. It sheds light on the contemporary disability rights landscape in the light of dramatic legislative …
The Ada And The Supreme Court: A Mixed Record,
2015
University of Michigan Law School
The Ada And The Supreme Court: A Mixed Record, Samuel R. Bagenstos
Articles
According to conventional wisdom, the Supreme Court has resisted the Americans with Disabilities Act (ADA) at every turn. The Court, the story goes, has read the statute extremely narrowly and, as a result, stripped away key protections that Congress intended to provide. Its departure from congressional intent, indeed, was so extreme that Congress passed a statute that overturned several key decisions and codified broad statutory protections. That statute, the ADA Amendments Act of 2008 (ADAAA). passed with widespread bipartisan support, and President George W. Bush signed it into law. The conventional wisdom leaves out a major part of the story. …
Peacebuilding And Reintegrating Ex-Combatants With Disabilities,
2015
University of Baltimore School of Law
Peacebuilding And Reintegrating Ex-Combatants With Disabilities, Janet E. Lord, Michael Ashley Stein
Articles
There is a significant gap in post-conflict reintegration processes when it comes to ex-combatants with disabilities, notwithstanding an apparent acknowledgement that physical and mental trauma impact civilians and ex-combatants alike in large numbers and that social reintegration is vital to peaceful transitions. Moreover, processes aimed to reintegrate ex-combatants are typically disconnected from broader efforts to build and sustain the legal institutions that support the rights of the most marginalised groups in conflict affected countries. We examine the implications of this marginalisation of ex-combatants with disabilities and set our analysis within the framework of the Convention on the Rights of Persons …
Every Day Counts: Proposals To Reform The Idea's Due Process Structure,
2015
The University of Akron
Every Day Counts: Proposals To Reform The Idea's Due Process Structure, Elizabeth Shaver
Akron Law Faculty Publications
It is a core principle of special education legislation that the parents of children with disabilities can challenge the child’s educational programming through an administrative due process hearing. Yet, for years the special education due process structure has been criticized as inefficient, anti-collaborative, and prohibitively expensive. Those criticisms have given rise to widely varying proposals to reform special education due process, proposals that range from adding certain alternative dispute resolution mechanisms to a wholesale replacement of the due process structure. This article provides a comprehensive analysis of special education dispute resolution. The article first examines the lively debate among scholars …
Discrimination Cases Of The 2002 Term,
2014
Touro Law Center
Discrimination Cases Of The 2002 Term, Eileen Kaufman
Touro Law Review
No abstract provided.
Mandated Reassignment For The Minimally Qualified,
2014
West Virginia University College of Law
Mandated Reassignment For The Minimally Qualified, Edward Hood Dawson Iii
West Virginia Law Review
No abstract provided.
Paid Family Leave,
2014
Student
Paid Family Leave, Rachel-Lyn Longo, Shanna Pearson-Merkowitz
Senior Honors Projects
Paid Family Leave policies are rare in the United States. Around the world, one hundred and eighty-two countries provide some form of paid maternity leave, and seventy countries also offer paid paternity leave. It is estimated that only 36 percent of U.S. employees have access to paid leave if they get sick, a policy that is almost universal in other developed countries, and only 12 percent of employees have access to paid family leave. Presently, just three states have implemented Paid Family Leave (PFL) to help offset the cost of time taken off of work to care for a newborn …
