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Institute Brief: Effective Training For Employment Consultants: Job Development And Support Strategies, Amy Gelb, Derek Nord, Alberto Migliore, John Butterworth 2012 University of Massachusetts Boston

Institute Brief: Effective Training For Employment Consultants: Job Development And Support Strategies, Amy Gelb, Derek Nord, Alberto Migliore, John Butterworth

The Institute Brief Series, Institute for Community Inclusion

This Institute Brief summarizes the key elements of a training and support approach designed to improve job development practices. Employment Consultants who participated supported more individuals to enter employment, and supported people to achieve higher-quality jobs with more hours and higher levels of pay, than a control group who had not yet received training.


Legal Issues For Treatment Providers And Evaluators, Jeannette Cox 2012 University of Dayton

Legal Issues For Treatment Providers And Evaluators, Jeannette Cox

School of Law Faculty Publications

Patients with intellectual disability (ID) can benefit from the full range of mental health services. To ensure that psychiatric assessment, diagnosis and treatment interventions are relevant and effective; individuals with ID should be evaluated and treated within the context of their developmental framework. Behavior should be viewed as a form of communication. This chapter provides a summary of legal issues for ID treatment providers and evaluators.


The Section 5 Power After Tennessee V. Lane, William D. Araiza 2012 Pepperdine University

The Section 5 Power After Tennessee V. Lane, William D. Araiza

Pepperdine Law Review

No abstract provided.


The Aclu And The Propriety Of Dispute Resolution In Civil Rights Controversies, Amber McKinney 2012 Pepperdine University

The Aclu And The Propriety Of Dispute Resolution In Civil Rights Controversies, Amber Mckinney

Pepperdine Dispute Resolution Law Journal

Section I examines the history, purpose, and methodology of the American Civil Liberties Union. Section II discusses the historical development and use of Alternative Dispute Resolution. Section III, Part A provides examples of its use in environmental controversies, Americans with Disabilities Act disputes, and employment conflicts. Section III, Part B explains the arguments for and against the use of Alternative Dispute Resolution in Civil Rights Controversies. Section IV, Part A looks at examples of the use of Alternative Dispute Resolution by the American Civil Liberties Union, while Part B provides insight into the interplay of Alternative Dispute Resolution and the …


New Amendments To Resolving Special Education Disputes: Any Good Ideas?, Demetra Edwards 2012 Pepperdine University

New Amendments To Resolving Special Education Disputes: Any Good Ideas?, Demetra Edwards

Pepperdine Dispute Resolution Law Journal

This article first analyzes the state of affairs under the Individuals with Disabilities Education Act (IDEA), prior to the passage of the Individuals with Disabilities Education Improvement Act of 2004, and the affects that the 1997 reauthorization alternative dispute resolution amendments had on special education law. Next, this article will address the appropriateness of the newly enacted negotiation and settlement methods, specifically the resolution session provision, and the benefits and detriments for resolving special education issues using these processes. This article will further discuss the amendments regarding attorneys' fees, and finally the House's failed proposal for voluntary binding arbitration and …


Available Dispute Resolution Processes Within The Reauthorized Individuals With Disabilities Education Improvement Act (Ideia) Of 2004: Where Do Mediation Principles Fit In? , Andrea F. Blau 2012 Pepperdine University

Available Dispute Resolution Processes Within The Reauthorized Individuals With Disabilities Education Improvement Act (Ideia) Of 2004: Where Do Mediation Principles Fit In? , Andrea F. Blau

Pepperdine Dispute Resolution Law Journal

The Individual Disabilities Education Act of 1997 first offered mediation processes to parents and school systems as an available dispute resolution process. Congress mandated that mediation be made available whenever a due process hearing was filed. The intent was to assist parents and school systems in resolving their differences regarding the educational needs for children with disabilities through increased discussions and collaborative efforts; this would reduce the need for costly and adversarial litigation. Alternative dispute resolution processes have taken an increasingly dominant role within the newly reauthorized IDEIA of 2004, reflecting Congressional promotion of parent and district collaboration for achieving …


The Disability History Mystery: Assessing The Employer's Reasonable Accommodation Obligation In "Record Of Disability" Cases, Michael D. Moberly 2012 Pepperdine University

The Disability History Mystery: Assessing The Employer's Reasonable Accommodation Obligation In "Record Of Disability" Cases, Michael D. Moberly

Pepperdine Law Review

No abstract provided.


Data Note: State Intellectual And Developmental Disability Agencies’ Service Trends, Jean E. Winsor 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, Michael E. Waterstone, Michael Ashley Stein, David B. Wilkins 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?, Ellen S. Pryor 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, Brett Edwin LoVellette 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?, Sarah J. Wild 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, Rebecca J. Huss 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, Frank A. Smith, John Butterworth, Daria Domin, Allison Cohen Hall 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, Kevin Barry 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, Jennifer Renee Pharr, Timothy J. Bungum 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 …


When Treatment Is Torture: Protecting People With Disabilities Detained In Institutions, Eric Rosenthal, Laurie Ahern 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.


Impairment As Protected Status: A New Universality For Disability Rights, Michelle A. Travis 2012 University of San Francisco School of Law

Impairment As Protected Status: A New Universality For Disability Rights, Michelle A. Travis

Georgia Law Review

This Article analyzes the fundamental change to federal
civil rights law that Congress accomplished through the
ADA Amendments Act of 2008 (the ADAAA). Congress
enacted the ADAAA in response to a series of United States
Supreme Court opinions that had narrowly interpreted the
definition of disability in the Americans with Disabilities
Act of 1990. Although many commentators have
recognized the ADAAA's intent to restore the class of
individuals with disabilities to the breadth that Congress
originally intended, this Article argues that the ADAAA
accomplished something more significant: it extricated
disability from the broader concept of impairment. As a
result, the …


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 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, Robert D. Dinerstein 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.


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