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Disability Law Commons

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The Eleventh Circuit Permits Schools To Submit Unfinished Homework In L.J. Ex Rel. N.N.J. V. School Board Of Broward County By Requiring Only "Material" Implementation Of Ieps For Students With Disabilities, Madeline E. Smith 2020 Villanova University Charles Widger School of Law

The Eleventh Circuit Permits Schools To Submit Unfinished Homework In L.J. Ex Rel. N.N.J. V. School Board Of Broward County By Requiring Only "Material" Implementation Of Ieps For Students With Disabilities, Madeline E. Smith

Villanova Law Review

No abstract provided.


Table Of Contents, Seattle University Law Review 2020 Seattle University School of Law

Table Of Contents, Seattle University Law Review

Seattle University Law Review

81818app手机版下载Table of Contents


What Do Nci Data Tell Us About The Characterisics And Outcomes Of Older Adults With Idd?, Valerie J. Bradley, Dorothy Hiersteiner, Henan Li, Alexandra Bonardi, Laura Vegas 2020 Human Servies Research Institute 81818app手机版下载

What Do Nci Data Tell Us About The Characterisics And Outcomes Of Older Adults With Idd?, Valerie J. Bradley, Dorothy Hiersteiner, Henan Li, Alexandra Bonardi, Laura Vegas

Developmental Disabilities Network Journal

The number of older adults with intellectual and developmental disabilities (IDD) is growing and will continue to expand as the baby boom generation moves into older adulthood. This descriptive analysis provides information on the characteristics and outcomes of a subsample of individuals with IDD aged 55 and over in the 2018-2019 National Core Indicators In Person Survey. Selected findings are compared to characteristics of the general population as measured by the National Health Interview Survey (NHIS). Findings suggest the older adults with IDD are more isolated, have smaller social networks than their younger peers, and have less access to transportation ...


The Origins Of University Centers On Developmental Disabilities: Early Expectations And Legislation, Bryce Fifield, Marvin G. Fifield 2020 Utah State University 81818app手机版下载

The Origins Of University Centers On Developmental Disabilities: Early Expectations And Legislation, Bryce Fifield, Marvin G. Fifield

Developmental Disabilities Network Journal

This article describes the evolution and early expectations of university-based programs to serve people with disabilities. I describe the how the committee that President John F. Kennedy created to make recommendations about how to better serve people with mental retardation suggested university-based programs that would improve the science and provide training to professionals who work with this community. I describe the early legislation and program decisions that were made by stakeholders that created the first generation of University Affiliated Facilities and Programs to serve people with disabilities.


Employment First In A Time Of Pandemic, Julie J. Christensen PhD, MSW 2020 Harkin Institute at Drake University 81818app手机版下载

Employment First In A Time Of Pandemic, Julie J. Christensen Phd, Msw

Developmental Disabilities Network Journal

No abstract provided.


Opening Editorial: The Origin And Aims Of The Developmental Disabilities Network Journal, Matthew Wappett 2020 Utah State University

Opening Editorial: The Origin And Aims Of The Developmental Disabilities Network Journal, Matthew Wappett

Developmental Disabilities Network Journal

In this article, I share my experience of going to school and noticing different groups of students. I noticed that students with disabilities were treated differently, but I didn't understand why. Throughout history, people with disabilities have often been treated differently. For hundreds of years, people with disabilities did not live with their families or in their communities. People with disabilities were often forced to live in institutions or workhouses. Institutions were not good places; they were dangerous, unclean, and isolated. People with disabilities were not allowed to live the life they wanted. In the 1960s, many advocates wanted ...


Cover And Acknowledgements, Matthew Wappett 2020 Utah State University 81818app手机版下载

Cover And Acknowledgements, Matthew Wappett

Developmental Disabilities Network Journal

No abstract provided.


How Medicalization Of Civil Rights Could Disappoint, Allison K. Hoffman 2020 University of Pennsylvania Carey Law School 81818app手机版下载

How Medicalization Of Civil Rights Could Disappoint, Allison K. Hoffman

Faculty Scholarship at Penn Law

This essay reflects on Craig Konnoth’s recent Article, Medicalization and the New Civil Rights, which is a carefully crafted and thought-provoking description of the refashioning of civil rights claims into medical rights frameworks. He compellingly threads together many intellectual traditions—from antidiscrimination law to disability law to health law—to illustrate the pervasiveness of the phenomenon that he describes and why it might be productive as a tool to advance civil rights.

81818app手机版下载This response, however, offers several reasons why medicalization may not cure all that ails civil rights litigation’s pains and elaborates on the potential risks of overinvesting ...


Cruzan And The Other Evidentiary Standard: A Reconsideration Of A Landmark Case Given Advances In The Classification Of Disorders Of Consciousness And The Evolution Of Disability Law, Joseph J. Fins 2020 Weill Cornell Medical College

Cruzan And The Other Evidentiary Standard: A Reconsideration Of A Landmark Case Given Advances In The Classification Of Disorders Of Consciousness And The Evolution Of Disability Law, Joseph J. Fins

SMU Law Review

No abstract provided.


Rights And Representation: Media Narratives About Disabled People And Their Service Animals In Canadian Print News, Lana Kerzner, Chelsea Temple Jones, Beth Haller, Arthur Blaser 2020 Ryerson University 81818app手机版下载

Rights And Representation: Media Narratives About Disabled People And Their Service Animals In Canadian Print News, Lana Kerzner, Chelsea Temple Jones, Beth Haller, Arthur Blaser

Political Science Faculty Articles and Research

Canadian news coverage is reflecting and shaping an evolution of thought about how we must publicly account for animals’ roles in the disability rights movement. Through a textual analysis of 26 news media articles published between 2012 and 2017, this research demonstrates that the media play a key role in reporting on discrimination, yet media narratives about service animals and their owners too often fail to capture the complexity of policies and laws that govern their lives. In Canada, there is widespread public confusion about the rights of disabled people and their service animals. This incertitude is relevant to both ...


Resolving Tensions Between Disability Rights Law And Covid-19 Mask Policies, Elizabeth Pendo, Robert Gatter, Seema Mohapatra 2020 Saint Louis University School of Law

Resolving Tensions Between Disability Rights Law And Covid-19 Mask Policies, Elizabeth Pendo, Robert Gatter, Seema Mohapatra

All Faculty Scholarship

As states reopen, an increasing number of state and local officials are requiring people to wear face masks while out of the home. Grocery stores, retail outlets, restaurants and other businesses are also announcing their own mask policies, which may differ from public policies. Public health measures to stop the spread of the coronavirus such as wearing masks have the potential to greatly benefit millions of Americans with disabilities, who are particularly vulnerable to the impact of COVID-19. But certain disabilities may make it difficult or inadvisable to wear a mask.

Mask-wearing has become a political flashpoint, putting people with ...


Zambian Disability Policy Stakeholder Perspectives On The Ways That International Initiatives Influence Domestic Disability Policies, Shaun Cleaver, Matthew Hunt, Virginia Bond, Raphael Lencucha 2020 School of Physical and Occupational Therapy, McGill University; Centre for Interdisciplinary Research in Rehabilitation of Greater Montréal

Zambian Disability Policy Stakeholder Perspectives On The Ways That International Initiatives Influence Domestic Disability Policies, Shaun Cleaver, Matthew Hunt, Virginia Bond, Raphael Lencucha

Southern African Journal of Policy and Development

81818app手机版下载Disability has attracted attention in international human rights and development circles and Zambian domestic policy. The purpose of this research was to explore the perceptions of Zambian disability policy stakeholders about the ways that two international initiatives, namely the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) and the Sustainable Development Goals (SDGs), are being reflected in domestic policy. We collected data through semi-structured interviews with 22 policy stakeholders (12 disability advocates and 10 policymakers) and analysed these data using thematic analysis. The UNCRPD was perceived to be progressively integrated into Zambian disability policy although insufficiently implemented ...


Accommodating Absence: Medical Leave As An Ada Reasonable Accommodation, Sean P. Mulloy 2020 University of Michigan Law School

Accommodating Absence: Medical Leave As An Ada Reasonable Accommodation, Sean P. Mulloy

Michigan Law Review

The Americans with Disabilities Act (ADA) is widely regarded as one of the most significant pieces of civil rights legislation in American history. Among its requirements, Title I of the ADA prohibits employers from discriminating against people with disabilities and requires that employers make reasonable accommodations for qualified individuals. Many questions about the scope of the reasonable-accommodation mandate remain, however, as federal circuit courts disagree over whether extended medical leave may be considered a reasonable accommodation and whether an employee on leave is a qualified individual. This Note argues that courts should presume finite unpaid medical leaves of absence are ...


Perfect Adherence Or Material Deviation?: The Eleventh Circuit's Bright Idea In Resolving Individualized Education Plan Implementation Cases, Chelsea Henderson 2020 Mercer University School of Law

Perfect Adherence Or Material Deviation?: The Eleventh Circuit's Bright Idea In Resolving Individualized Education Plan Implementation Cases, Chelsea Henderson

Mercer Law Review

In 2002, L.J., a child with intellectual disabilities and autism, began using an individualized education plan (IEP). This IEP was meant to provide L.J. with the free appropriate public education (FAPE) that is guaranteed to all children across the United States. However, L.J.'s mother did not believe the School Board of Broward County adequately implemented L.J.'s IEP. L.J.'s mother's concern resulted in an almost twenty-year legal battle between L.J. and the Broward County School Board. This battle finally ended in June 2019, when the United States Court of Appeals for ...


Enforcement Of The Americans With Disabilities Act: Remedying “Abusive” Litigation While Strengthening Disability Rights, Evelyn Clark 2020 Washington and Lee University School of Law 81818app手机版下载

Enforcement Of The Americans With Disabilities Act: Remedying “Abusive” Litigation While Strengthening Disability Rights, Evelyn Clark

Washington and Lee Journal of Civil Rights and Social Justice

81818app手机版下载This Note explores the Americans with Disabilities Act and the private litigation used to enforce compliance. While the ADA was designed to be enforced by private citizens, many have called for reform to limit what they see as “abusive” litigants. This Note focuses on (1) the perceived problem of vexatious litigants abusing the ADA and its state counterparts to benefit monetarily, (2) the attempted solutions on both a state and federal level, and (3) recommended solutions that focus on protecting the rights of individuals with disabilities while limiting abusive litigation meant to extort businesses.


Who Gets The Ventilator? Disability Discrimination In Covid-19 Medical-Rationing Protocols, Samuel Bagenstos 2020 University of Michigan Law School 81818app手机版下载

Who Gets The Ventilator? Disability Discrimination In Covid-19 Medical-Rationing Protocols, Samuel Bagenstos

Articles

The coronavirus pandemic has forced us to reckon with the possibility of having to ration life-saving medical treatments. In response, many health systems have employed protocols that explicitly de-prioritize people for these treatments based on pre-existing disabilities. This Essay argues that such protocols violate the Americans with Disabilities Act, the Rehabilitation Act, and the Affordable Care Act. Such explicit discrimination on its face violates these statutes. Nor can medical providers simply define disabled patients as being “unqualified” because of disabilities that do not affect the ability to ameliorate the condition for which treatment is sought. A proper interpretation of the ...


Digital Accessibility In The Hospitality And Tourism Industry: Legal And Ethical Considerations, Debra D. Burke, Kenneth J. Sanney, Dan Clapper 2020 William & Mary Law School

Digital Accessibility In The Hospitality And Tourism Industry: Legal And Ethical Considerations, Debra D. Burke, Kenneth J. Sanney, Dan Clapper

William & Mary Business Law Review

81818app手机版下载Federal law requires accessibility for public sector websites. What about the web pages and apps of hotels, restaurants, and tourism providers? The Americans with Disabilities Act may cover private sector websites if they are considered a place of public accommodation, but the law is unclear. This Article will provide an overview of the legal responsibilities of operators to provide accessibility to persons with disabilities, discuss the World Wide Web Consortium’s guidelines for web accessibility, and argue that the hospitality and tourism industry has a unique ethical obligation to fill in the gap where the legal system has failed this ...


Workplace Wellness Programs: Empirical Doubt, Legal Ambiguity, And Conceptual Confusion, Camila Strassle, Benjamin E. Berkman 2020 William & Mary Law School

Workplace Wellness Programs: Empirical Doubt, Legal Ambiguity, And Conceptual Confusion, Camila Strassle, Benjamin E. Berkman

William & Mary Law Review

Federal laws that protect workers from insurance discrimination and infringement of health privacy include exceptions for wellness programs that are “voluntary” and “reasonably designed” to improve health. Initially, these exceptions were intended to give employers the flexibility to create innovative wellness programs that would appeal to workers, increase productivity, and protect the workforce from preventable health conditions.

Yet a detailed look at the scientific literature reveals that wellness program efficacy is quite disputed, and even highly touted examples of program success have been shown to be unreliable. Meanwhile, the latest administrative regulations on wellness programs were vacated by a district ...


Mediation In Education For Foster Care, Anelise Powers 2020 Pepperdine University

Mediation In Education For Foster Care, Anelise Powers

Pepperdine Dispute Resolution Law Journal

81818app手机版下载There are well over 400,000 children in foster care. Education can improve the well-being of foster children in critical development stages of life and support their economic success in adulthood. In recent years, the law has given greater priority to the education of foster children, and foster children are often eligible for additional services. However, a common trend in foster care research is that foster children, though eligible, do not always receive the services created to assist them. This paper will explore how improving mediation related to education and foster care can help maximize the impact of efforts to ...


Internet Architecture And Disability, Blake Reid 2020 University of Colorado Law School

Internet Architecture And Disability, Blake Reid

Indiana Law Journal

81818app手机版下载The Internet is essential for education, employment, information, and cultural and democratic participation. For tens of millions of people with disabilities in the United States, barriers to accessing the Internet—including the visual presentation of information to people who are blind or visually impaired, the aural presentation of information to people who are deaf or hard of hearing, and the persistence of Internet technology, interfaces, and content without regard to prohibitive cognitive load for people with cognitive and intellectual disabilities—collectively pose one of the most significant civil rights issues of the information age. Yet disability law lacks a comprehensive ...