State sanctioned disability-based discrimination comes in two basic flavors: prejudice and thoughtlessness. The former takes disability into consideration, while the latter ignores it. The Fourteenth Amendment’s Equal Protection Clause prohibits the prejudice but not the thoughtlessness, at least when the latter is unassociated with irrational assumptions based on myths, fears and stereotypes. Unlike most other civil rights statutes, the Americans With Disabilities Act (hereinafter “ADA” or “Act”) prohibits both prejudice and thoughtlessness7and aptly has been characterized as a “second-generation civil rights statute.” Unfortunately, theADA’s claim to innovation might yet prove to be its constitutional Achillesheel. Across the United States, state governments are challenging Congress’s constitutional power under Section 5 of the Fourteenth Amendment to prohibit any state-sponsored disability-based discrimination other than prejudice-based differential treatment. The spear point of this constitutional attack is the ADA’s requirement that the states as employers sometimes must provide a reasonable accommodation. This article explores theissues raised by this constitutional assault on the ADA.
Hannah Hicks∞ Abstract This article confronts the controversial topic of the sexuality of individuals who experience mental disability. Through idiosyncratic and punitive treatment of sexual activity, mental health institutions generally do not allow inpatients to exercise an acceptable degree of
DOJ guidance for mentally impaired detainees in immigration removal proceedings should be amended to provide counsel at earlier signs of incompetence.
The disciplinary exclusion of children with behavioral health conditions is rampant in public schools in the United States. The practice of suspending and expelling students with behavioral challenges, caused in part by a lack of understanding of the causes of
Argues the Hobby Lobby decision overestimates corporate religious freedom rights and underestimates interests in health care policy and reproductive rights.