Data Note: State Intellectual And Developmental Disability Agencies’ Service Trends,
2012
University of Massachusetts Boston
Data Note: State Intellectual And Developmental Disability Agencies’ Service Trends, Jean E. Winsor
Data Note Series, Institute for Community Inclusion
In FY2010, an estimated 566,188 individuals received day or employment supports from state intellectual and developmental disability (IDD) agencies. This number grew from 458,650 in FY1999, a 23.4 percent increase. The estimated number of individuals supported in integrated employment services increased from 108,296 in FY1999 to 113,937 in FY2010, a 5.2% increase. State investment in supports continues to emphasize facility-based and non-work services rather than integrated employment services.
Disability Cause Lawyers,
2012
William & Mary Law School
Disability Cause Lawyers, Michael E. Waterstone, Michael Ashley Stein, David B. Wilkins
William & Mary Law Review
There is a vast and growing cause lawyering literature demonstrating how attorneys and their relationship to social justice movements matter greatly for law’s ability to engender progress. But to date, there has been no examination of the work of ADA disability cause lawyers as cause lawyers. Similarly, despite an extensive literature focused on the ADA’s revolutionary civil rights aspects and the manner in which the Supreme Court’s interpretation of that statute has stymied potential transformation of American society, no academic accounts of disability law have focused on the lawyers who bring these cases. This Article responds to these scholarly voids. …
What Can We Hope For From Law?,
2012
Pepperdine University
What Can We Hope For From Law?, Ellen S. Pryor
Pepperdine Law Review
What can a lawyer of faith hope for, and expect from, law? This Essay, based on the 2008 Louis Brandeis Lecture given at Pepperdine University, discusses why and how this question matters not just as a matter of theory but to our real-world lawyering journeys. The Essay discusses two of the frameworks that can shape our answer to the question: a natural law viewpoint and what the Essay calls a “Lutheran” view. After explaining how these two perspectives might lead to different expectations about the effects of law, the Essay discusses whether either of these approaches is more sustaining or …
"Mortal [K]Ombat In Cleats": An Examination Of The Effectiveness Of The National Football League's Disability Plan And Its Impact On Retired Players,
2012
Pepperdine University
"Mortal [K]Ombat In Cleats": An Examination Of The Effectiveness Of The National Football League's Disability Plan And Its Impact On Retired Players, Brett Edwin Lovellette
Pepperdine Law Review
No abstract provided.
On Equal Footing: Does Accommodating Athletes With Disabilities Destroy The Competitive Playing Field Or Level It?,
2012
Pepperdine University
On Equal Footing: Does Accommodating Athletes With Disabilities Destroy The Competitive Playing Field Or Level It?, Sarah J. Wild
Pepperdine Law Review
No abstract provided.
Why Context Matters: Defining Service Animals Under Federal Law,
2012
Pepperdine University
Why Context Matters: Defining Service Animals Under Federal Law, Rebecca J. Huss
Pepperdine Law Review
This Article analyzes the differing definitions of service animals under federal law as interpreted by three separate agencies. The regulations and case law interpreting the issue under the Americans with Disabilities Act, the Fair Housing Act, and the Air Carrier Access Act illustrate the need for further clarification in order to ensure that individuals with disabilities are granted the full protection of the law.
Data Note: Vr Outcome Trends And The Recent Decline In Employment For Vr Customers With Intellectual Disabilities,
2012
University of Massachusetts Boston
Data Note: Vr Outcome Trends And The Recent Decline In Employment For Vr Customers With Intellectual Disabilities, Frank A. Smith, John Butterworth, Daria Domin, Allison Cohen Hall
Data Note Series, Institute for Community Inclusion
Most people with intellectual disabilities (ID) aspire to gainful employment. To assist them with this goal, state vocational rehabilitation (VR) agencies offer employment services based upon Individualized Plans for Employment (IPEs). A commonly used measure of outcomes is the rehabilitation rate, defined as the percentage of individuals who achieve employment out of all individuals whose cases were closed after receiving services. This indicator, however, neglects to consider that not all eligible individuals progress to receive services. This Data Note explores trends in VR closure status for individuals with ID.
Gray Matters: Autism, Impairment, And The End Of Binaries,
2012
University of San Diego
Gray Matters: Autism, Impairment, And The End Of Binaries, Kevin Barry
San Diego Law Review
First diagnosed by psychiatrist Leo Kanner in 1943, autism has exploded into the public consciousness in recent years. From science to science fiction, academia to popular culture, autism has captured the world's attention and imagination. Autism has also ignited a fierce debate among stakeholders who seek to define its essence. Many parents of autistic children regard autism as a scourge and press for a cure. The "neurodiversity movement," comprised mostly of autistic adults, regards autism as a different way of being worthy of respect and even celebration. The autism war is well underway, and given autism's swelling ranks and proposed …
Health Disparities Experienced By People With Disabilities In The United States: A Behavioral Risk Factor Surveillance System Study,
2012
University of Nevada, Las Vegas
Health Disparities Experienced By People With Disabilities In The United States: A Behavioral Risk Factor Surveillance System Study, Jennifer Renee Pharr, Timothy J. Bungum
School of Public Health Faculty Research
The Americans with Disabilities Act became law in 1990; since then research has shown that people with disabilities continue to experience barriers to health care. The purpose of this study was to compare utilization of preventive services, chronic disease rates, and engagement in health risk behaviors of participants with differing severities of disabilities to those without disabilities. This study was a secondary analysis of 2010 data collected in the Behavioral Risk Factor Surveillance System national survey in the United States. Rao Chi square test and logistic regression were employed. Participants with disabilities had significantly higher adjusted odds ratios for all …
Common-Law Interpretation Of Appropriate Education: The Road Not Taken In Rowley,
2012
DePaul University College of Law
Common-Law Interpretation Of Appropriate Education: The Road Not Taken In Rowley, Mark Weber
College of Law Faculty
Thirty years old in 2012, Board of Education v. Rowley is the case that established a some-benefit or floor-of-opportunity standard for the services public school districts must provide to children who have disabilities. But the some-benefit approach is by no means the only one the Court could have adopted. It could have endorsed the view of the lower courts that each child with a disability must be given the opportunity to achieve his or her potential commensurate with the opportunity offered other children. Or it could have adopted a standard based on achievement of the child’s full potential or the …
When Treatment Is Torture: Protecting People With Disabilities Detained In Institutions,
2012
American University Washington College of Law
When Treatment Is Torture: Protecting People With Disabilities Detained In Institutions, Eric Rosenthal, Laurie Ahern
Human Rights Brief
No abstract provided.
Health Care For The Autistic Child In The U.S.: The Case For Federal Legislative Reform For Aba Therapy, 46 J. Marshall L. Rev. 169 (2012),
2012
UIC School of Law
Health Care For The Autistic Child In The U.S.: The Case For Federal Legislative Reform For Aba Therapy, 46 J. Marshall L. Rev. 169 (2012), Laura Hoffman
UIC Law Review
No abstract provided.
Implementing Legal Capacity Under Article 12 Of The Un Convention On The Rights Of Persons With Disabilities: The Difficult Road From Guardianship To Supported Decision-Making,
2012
American University Washington College of Law
Implementing Legal Capacity Under Article 12 Of The Un Convention On The Rights Of Persons With Disabilities: The Difficult Road From Guardianship To Supported Decision-Making, Robert D. Dinerstein
Human Rights Brief
No abstract provided.
The Convention On The Rights Of Persons With Disabilities In The Post-Lisbon European Union,
2012
American University Washington College of Law
The Convention On The Rights Of Persons With Disabilities In The Post-Lisbon European Union, Jennifer W. Reiss
Human Rights Brief
No abstract provided.
Understanding Jurors’ Judgments In Cases Involving Juvenile Defendants: Effects Of Confession Evidence And Intellectual Disability,
2012
University at Albany, State University of New York
Understanding Jurors’ Judgments In Cases Involving Juvenile Defendants: Effects Of Confession Evidence And Intellectual Disability, Cynthia J. Najdowski, Bette L. Bottoms
Psychology Faculty Scholarship
Juveniles are at heightened risk for falsely confessing to crimes, particularly if they are intellectually disabled. We conducted a mock trial experiment to investigate the effects of a juvenile defendant’s confession and status as intellectually disabled on jurors’ decision making. As expected, jurors discounted a juvenile’s coerced confession: Jurors’ judgments were similar for a juvenile who was perceived to have confessed under coercion and a juvenile who did not confess. In general, these effects were explained by the fact that, compared to a juvenile who was perceived as having confessed voluntarily, a juvenile who was perceived as having confessed under …
The Death Penalty And The Mentally Ill: A Selected And Annotated Bibliography,
2012
University of Idaho College of Law
The Death Penalty And The Mentally Ill: A Selected And Annotated Bibliography, Jean Mattimoe
Articles
The United States Supreme Court over the last decade has selectively whittled away at the scope and availability of the death penalty by exempting certain groups from execution under the Eighth Amendment. In 2002 the court ruled that executing mentally retarded criminals violates the Constitution's ban on cruel and unusual punishment. In 2005 the court ruled that the Constitution forbids the execution of individuals who were under the age of 18 when they committed their crimes. Currently there is an active debate on whether to extend the categorical exemptions created by the Court to the mentally ill. At the forefront …
Battling Ptsd: Getting Reservists Suffering From Ptsd Back To Work Through Proposed Amendments To Userra And Va Disability Compensation Benefits, 45 J. Marshall L. Rev. 1201 (2012),
2012
UIC School of Law
Battling Ptsd: Getting Reservists Suffering From Ptsd Back To Work Through Proposed Amendments To Userra And Va Disability Compensation Benefits, 45 J. Marshall L. Rev. 1201 (2012), Jeremiah Stephan
UIC Law Review
No abstract provided.
Childhood, Interrupted: Encouraging The De-Institutionalization Of Utah's State Hospital,
2012
SJ Quinney College of Law, University of Utah
Childhood, Interrupted: Encouraging The De-Institutionalization Of Utah's State Hospital, Sara Montoya
Utah OnLaw: The Utah Law Review Online Supplement
While boasting a culture that is rich in family and community values, Utah ought to be leading the way in developing and implementing a comprehensive and efficient system of care that protects children and families by placing tools within the home and the community to strengthen these core units of Utah society. Further, with the Utah State Hospital at the end of its physical lifespan, and a crippled economy requiring more budget pinching than ever, the timing is particularly conducive to taking these crucial steps forward. With these litigation tools, an advocacy group or family might be able to successfully …
Social Security Disability Law And The Obstacles Facing Claimants With Mental Disabilities,
2012
University of Tulsa College of Law
Social Security Disability Law And The Obstacles Facing Claimants With Mental Disabilities, Oren R. Griffin
Articles, Chapters in Books and Other Contributions to Scholarly Works
This Article examines the administrative processes and judicial analytical framework that govern the adjudication of Social Security disability claims for persons suffering with mental disorders. Since the enactment of the Social Security Act as a part of President Roosevelt's "New Deal," the federal government has assumed a significant role in providing a minimum level of support for those citizens beset with unfortunate economic hardship. In 1956, the Social Security Act was expanded to provide disability benefits for those unable to attain gainful employment due to a mental or physical impairment. For the mentally disabled, demonstrating eligibility for disability benefits can …
Estate Planning For Individuals With Disabilities,
2012
University of South Dakota School of Law
Estate Planning For Individuals With Disabilities, Thomas Simmons
Faculty Publications
The basic federal safety net program for elderly, blind and disabled persons is Supplemental Security Income (SSI). The Social Security Administration (SSA) administers the program and eligibility is based upon financial need. The basic eligible criteria are that an individual have less than two thousand dollars ($2,000) in assets, or three thousand dollars ($3,000) for a couple, although certain limited resources are excluded. There are also income limitations that individuals must satisfy to qualify for SSI. SSI’s sister in welfare benefits is the Medicaid (Title 19) program. While SSI is entirely a federal program, Medicaid, which shares the same basic …
