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Discrimination against Families with Children and Handicapped Persons under the 1988 Amendments to the Fair Housing Act, 22 J. Marshall L. Rev. 541 (1989)
The John Marshall law review, 1989
michael Seng
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The Constitutional Right to Community Services
Georgia State University law review, 2010
David Ferleger
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George Bush's America Meets Dante's Inferno: The Americans with Disabilities Act …
Yale L. & Pol'y Rev.
Ira Robbins
Yale Law & Policy Review Vol. 15:49, 1996 population explosion has been linked to harsher sentencing guidelines and "three strikes and you're out" provisions. According to sources at the Department of Justice, however, this prison population growth has resulted from a ...
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Decker Seitz Kulwicki 2015 Autism Charter Schools
Janet Decker
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Fair Housing Modifications and Accommodations in the '90s, 29 J. Marshall L. Rev. 331 (1996)
The John Marshall law review, 1996
F. Willis Caruso
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Autism charter schools: Legally vulnerable or viable?
Bruce Kulwicki, Janet Decker, Keshia Seitz
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Withholding Treatment from Defective Infants: Infant Doe Postmortem
Notre Dame Law Review, 1983
John Maciejczyk
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Finding Solutions to the Termination of Parental Rights in Parents with Mental Challenges, 39 LAW AND PSYCHOLOGY REVIEW 207 (2015)
Charisa Smith
Building upon this author’s previous work applying the new theoretical framework of Family Systems Theory to termination of parental rights (TPR) cases in parents with mental challenges, New Jersey statutes and case law bear close examination as a focus jurisdiction. Too often, other states’ statutory presumptions of parental unfitness and statutory emphases on parental unfitness due to mental health can wrongfully lead to TPR. New Jersey’s legislature and courts are moving in the right direction by rejecting presumptions of unfitness due to parental mental health. In order for mentally challenged parents’ due process rights to be upheld, statutory schemes across the U.S. must be revisited to level the playing field. The termination of parental rights in parents with mental challenges is a growing and crucial issue. In 2010, an estimated 45.9 million adults in the U.S. had experienced a mental illness in the past year. This represents 20% of the adult population. More than five million children in the U.S. have a parent with a serious mental illness such as schizophrenia, bipolar disorder, or major depression. Courts and child welfare systems too often assume that a parent is not amenable to treatment and is a danger to his or her child when strong symptoms of mental turmoil surface. Some studies report that as many as 70 to 80% of mentally ill parents have lost custody. Public systems are overwhelmed by this matter in an era of shrinking resources for such systems. However, often parents with mental health needs are willing to accept treatment, are able to participate in programming, and are worthy of regaining custody.
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Speaking the Language of Exclusion: How Equal Protection and Fundamental Rights Analyses Permit Language Discrimination
. Mary's LJ, 1996
Donna Coltharp
150 ST. MARY'S LAW JOURNAL [Vol. 28:149 "If you spoke as she did, sir, instead of the way you do, why you might be selling flowers, too."1 I. Introduction In the summer of 1995, the en banc Texas Court of Criminal Appeals in Flores v. State2 upheld a lower court's ruling that ...
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The Future of Disability Rights Protections for Transgender People
Jennifer Levi
The Americans with Disabilities Act and its predecessor, Section 504 of the Rehabilitation Act of 1973 (“Section 504”), protect people from discrimination based on disability, but not if the disability is one of three archaic medical conditions associated with transgender people: “transvestism,” “transsexualism,” and “gender identity disorders not resulting from physical impairments.” This Article describes the origins of transgender exclusion and discusses why a growing number of federal courts find this exclusion does not apply to gender dysphoria, a new and distinct medical diagnosis. Further, the Authors define the future of disability rights protections for transgender people.
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Combination Of Al-Enrichment and Fluorination to Enhance the Environmental Stability of Ti-Alloys at Elevated Temperatures
TMS/Proceedings, 2016
Mathias Galetz
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Disability, Employment Policy, and the Supreme Court
Stanford Law Review, 2002
Ruth O'Brien
A. An Epistemic Community of Rehabilitation ........................................ 611 B. The Rehabilitation Act and the Americans with Disabilities Act ........ 615 C. The Supreme Court and Disability Employment Policy .................... 619 II. (RE)ASSESSING SUPREME COURT JURISPRUDENCE.............. ...
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Execution by Accident: Evidentiary and Constitutional Problems with the 'Childhood Onset' Requirement in Atkins Claims
SSRN Electronic Journal, 2012
Steven Mulroy
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To Have and to Hold: The Marital Rape Exemption and the Fourteenth Amendment
Harvard Law Review, 1986
Anne C. Dailey
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Critical essay: Musings on the need to convince some people with disabilities that end-of-life decision-making advocates are not out to get them
Loy. U. Chi. LJ, 2005
Kathy Cerminara
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Less than Meets the Eye: Antidiscrimination and the Development of Section 5 Enforcement and Eleventh Amendment Abrogation Law Since City of Boerne v. Flores
SSRN Electronic Journal, 2013
Justin Schwartz
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Creating Chaos in the Name of Consistency: Affirmative Action and the Odd Legacy of Adarand Constructors, Inc. v. Pena
Frank Ravitch
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ENDA Before It Starts: Section 5 of the Fourteenth Amendment and the Availability of Damages Awards to Gay State Employees Under the Proposed Employment Non-Discrimination Act
Boston College Third World Law Journal, 2002
William Araiza
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Protecting the Constitution from the People: Juricentric Restrictions on Section Five Power
SSRN Electronic Journal, 2003
Robert Post
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Using Domestic Law to Move Toward a Recognition of Universal Legal Capacity for Persons with Disabilities
Cardozo law review, 2017
Leslie Salzman
This symposium explores the meaning of personhood as it is or should be applied to persons with disabilities. This panel focuses on the concept of legal capacity-the ability to make decisions about one’s life, to exercise agency, and to have those decisions recognized by third parties. For my part, I would like to discuss how we might use domestic law — specifically the integration mandate of Title II of the Americans with Disabilities Act and substantive due process — to help us move toward a recognition of universal legal capacity regardless of disability and bring meaningful changes to domestic guardianship regimes. While Article 12 of the U.N. Convention on the Rights of Persons with Disabilities recognizes the right to universal legal capacity, the United States has never ratified that treaty, and domestic law in this area is still underdeveloped. This talk seeks to push the boundaries of the Americans with Disabilities Act to argue, as I have in the past, that guardianship con...
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