Wisdom Is Thrown Into Jail: Using Therapeutic Jurisprudence To Remediate The Criminalization Of Persons With Mental Illness,
2013
New York Law School
Wisdom Is Thrown Into Jail: Using Therapeutic Jurisprudence To Remediate The Criminalization Of Persons With Mental Illness, Michael L. Perlin
Articles & Chapters
The common wisdom is that there are two related villains in the saga of the “criminalization of persons with mental illness”: the dramatic elimination of psychiatric hospital beds in the 1970s and 1980s as a result of the “civil rights revolution,” and the failure of the deinstitutionalization movement. Both of these explanations are superficially appealing, but neither is correct; in fact, the causal link between deinstitutionalization and criminalization has never been rigorously tested. It is necessary, rather, to consider another issue to which virtually no attention has been or is being paid: the near-disappearance of mental status issues from the …
They’Re Planting Stories In The Press: The Impact Of Media Distortions On Sex Offender Law And Policy,
2013
New York Law School
They’Re Planting Stories In The Press: The Impact Of Media Distortions On Sex Offender Law And Policy, Heather Ellis Cucolo, Michael L. Perlin
Articles & Chapters
Individuals classified as sexual predators are the pariahs of the community. Sex offenders are arguably the most despised members of our society and therefore warrant our harshest condemnation. Twenty individual states and the federal government have enacted laws confining individuals who have been adjudicated as “sexually violent predators” to civil commitment facilities post incarceration and/or conviction. Additionally, in many jurisdictions, offenders who are returned to the community are restricted and monitored under community notification, registration and residency limitations. Targeting, punishing and ostracizing these individuals has become an obsession in society, clearly evidenced in the constant push to enact even more …
Martinizingtitle I Of The Americans With Disabilities Act,
2013
University of Toledo College of Law
Martinizingtitle I Of The Americans With Disabilities Act, Nicole B. Porter
Georgia Law Review
Prior to the ADA Amendments Act of 2008, relatively
few cases proceeded past the initial inquiry of whether the
plaintiff was covered by the ADA. Consequently, the scope
of an employer's obligation to provide a reasonable
accommodation to an individual with a disability remains
under-developed and under-theorized. Now that the
Amendments have made it easier for plaintiffs to prove
that they have a disability under the ADA, we can expect
to see more courts struggling with many difficult
reasonable accommodation issues. The current case law is
chaotic, providing little guidance to employers and courts
in determining whether an accommodation is …
Doubly Protected And Doubly Discriminated: The Paradox Of Women With Disabilities After Conflict,
2012
William & Mary Law School
Doubly Protected And Doubly Discriminated: The Paradox Of Women With Disabilities After Conflict, Kathleen Cornelsen
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Beyond Abortion: Human Genetics And The New Eugenics,
2012
Pepperdine University
Beyond Abortion: Human Genetics And The New Eugenics, John R. Harding Jr.
Pepperdine Law Review
No abstract provided.
Assisted Suicide: A Tough Pill To Swallow,
2012
Texas A&M University School of Law
Assisted Suicide: A Tough Pill To Swallow, Mary Margaret Penrose
Pepperdine Law Review
No abstract provided.
Bragdon V. Abbott: The Supreme Court's Anti-Discrimination Advocacy And The Reopening Of Pandora's Box ,
2012
Pepperdine University
Bragdon V. Abbott: The Supreme Court's Anti-Discrimination Advocacy And The Reopening Of Pandora's Box , Brett D. Watson
Pepperdine Law Review
No abstract provided.
Indicators For Improving Educational, Employment, And Economic Outcomes For Youth And Young Adults With Intellectual And Developmental Disabilities: A National Report On Existing Data Sources,
2012
University of Massachusetts Boston
Indicators For Improving Educational, Employment, And Economic Outcomes For Youth And Young Adults With Intellectual And Developmental Disabilities: A National Report On Existing Data Sources, Jennifer Sullivan Sulewski, Agnieszka Zalewska, John Butterworth
All Institute for Community Inclusion Publications
The following report summarizes available national data on educational, employment and economic outcomes for youth and young adults with intellectual disabilities (ID) over the years 2000-2010. These data can be used to benchmark progress in improving these outcomes for young adult population across the country and within individual states. Data is reported separately for two age groups of young adults (16-21 and 22-30) in order to capture possible differences between youth likely to still be receiving school services (through age 21) and those who have moved on from the education system.
Continuing Combat At Home: How Judges And Attorneys Can Improve Their Handling Of Combat Veterans With Ptsd In Criminal Courts,
2012
Washington and Lee University School of Law
Continuing Combat At Home: How Judges And Attorneys Can Improve Their Handling Of Combat Veterans With Ptsd In Criminal Courts, Jeffrey Lewis Wieand Jr.
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Medicating The Ada - Sutton V. United Airlines, Inc.: Considering Mitigating Measures To Define Disability,
2012
Pepperdine University
Medicating The Ada - Sutton V. United Airlines, Inc.: Considering Mitigating Measures To Define Disability, Ian D. Thompson
Pepperdine Law Review
No abstract provided.
Cedar Rapids Community School District V. Garret F.: A High Price For Equal Education ,
2012
Pepperdine University
Cedar Rapids Community School District V. Garret F.: A High Price For Equal Education , Kristie Harding
Pepperdine Law Review
No abstract provided.
A Group Home Exclusively For Married Couples With Developmental Disabilities: A Natural Next-Step,
2012
Touro University Jacob D. Fuchsberg Law Center
A Group Home Exclusively For Married Couples With Developmental Disabilities: A Natural Next-Step, Marissa Debellis
Touro Law Review
No abstract provided.
Bullying Victimization As A Disability In Public Elementary And Secondary Education,
2012
University of Missouri School of Law
Bullying Victimization As A Disability In Public Elementary And Secondary Education, Douglas E. Abrams
Faculty Publications
This article discusses two reasons why likening bullying victimization to an educational disability makes sense. First, face-to-face bullying and cyberbullying impose on student victims the sort of educational deprivation that the federal Individuals with Disabilities Education Act (IDEA) addresses in the disabilities arena. Second, today’s belated public sensitivity to school bullying victims resembles the belated public sensitivity to students with disabilities that led to passage of the IDEA in 1975.
Description Of Supported Employment Practices, Cross-System Partnerships, And Funding Models Of Four Types Of State Agencies And Community Rehabilitation Providers,
2012
University of Massachusetts Boston
Description Of Supported Employment Practices, Cross-System Partnerships, And Funding Models Of Four Types Of State Agencies And Community Rehabilitation Providers, Kelly Haines, Joseph Marrone, John Halliday, Michael Tashjian, Martha Klemm, Susan Stoddard, Susan M. Foley
All Institute for Community Inclusion Publications
In 2005, the National Institute on Disability and Rehabilitation Research (NIDRR) awarded the VR Rehabilitation Research and Training Center (RRTC) to the Institute for Community Inclusion (ICI) at the University of Massachusetts Boston and its partners, InfoUse in Berkeley, California and the Center for the Advancement and Study of Disability Policy. In 2010, NIDRR provided supplemental funds to the ICI so that the VR-RRTC could include a focus on the provision of supported employment (SE) services. This SE research would focus on vocational rehabilitation (VR)agency partnerships with other state entities, and sources and models for long-term funding (extended services). The …
Discouraging Voluntary Disclosure: Eeoc V. C.R. England And Confidentiality Under The Ada,
2012
Brigham Young University Law School
Discouraging Voluntary Disclosure: Eeoc V. C.R. England And Confidentiality Under The Ada, Jessica Jones
BYU Law Review
No abstract provided.
Federal Efforts To Achieve Mental Health Parity: A Step In The Right Direction, But Discrimination Remains,
2012
American University Washington College of Law
Federal Efforts To Achieve Mental Health Parity: A Step In The Right Direction, But Discrimination Remains, Lucas Quass
Legislation and Policy Brief
Prior to the 1970s, many healthcare plans in the U.S. offered benefits without discriminating between mental health and general healthcare coverage. In the 1970s and 1980s, the cost of healthcare increased dramatically and employers eliminated or limited mental health benefits in an attempt to reduce insurance costs. To manage insurance costs, employers began using more cost sharing mechanisms and benefit caps on mental health benefits. However, these limitations were not applied equally to mental health and general health benefits and a coverage disparity was created. Today, insurers often do not provide coverage for mental health on the same terms as …
The Americans With Disabilities Act: Should The Amendments To The Act Help Individuals With Mental Illness?,
2012
American University Washington College of Law
The Americans With Disabilities Act: Should The Amendments To The Act Help Individuals With Mental Illness?, Abigail J. Schopick
Legislation and Policy Brief
On July 26, 1990, President George H.W. Bush signed into law the Americans with Disabilities Act of 1990 (ADA). The ADA was intended to eliminate discrimination against individuals with disabilities by expanding the Rehabilitation Act (Rehab Act) to cover people with disabilities in need of coverage from a non-federal employer or entity. Unfortunately, due to a number of Supreme Court cases narrowing the focus of the ADA, the individuals that were intended by Congress to have full protection under the law were no longer assured adequate coverage. In 2008, in response to the narrowing of the definition of disability and …
Jumping On The Bandwagon: The United States Supreme Court Prohibits The Execution Of Mentally Retarded Persons In Atkins V. Virginia,
2012
Pepperdine University
Jumping On The Bandwagon: The United States Supreme Court Prohibits The Execution Of Mentally Retarded Persons In Atkins V. Virginia, Lisa Odom
Pepperdine Law Review
No abstract provided.
I'M So Lonesome I Could Cry ... But Could I Sue?: Whether 'Interacting With Others' Is A Major Life Activity Under The Ada,
2012
Pepperdine University
I'M So Lonesome I Could Cry ... But Could I Sue?: Whether 'Interacting With Others' Is A Major Life Activity Under The Ada, Bryan P. Stephenson
Pepperdine Law Review
No abstract provided.
Toyota Motor Manufacturing V. Williams: A Case Of Carpal Tunnel Syndrome Weakens The Grip Of The Americans With Disabilities Act,
2012
Pepperdine University
Toyota Motor Manufacturing V. Williams: A Case Of Carpal Tunnel Syndrome Weakens The Grip Of The Americans With Disabilities Act, Andrea Kloehn Naef
Pepperdine Law Review
No abstract provided.
