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Abstract: Data on the incidence of mental impairment or substance abuse and addiction is difficult to obtain, but there is evidence that lawyers and law students have a high rate of depression and substance abuse. Because of the high stakes involved in the legal profession and the stigma attached to mental health and substance abuse problems, individuals with these problems are often reluctant to seek help. Even if the prevalence of mental health or substance abuse problems were no higher for lawyers compared with the general population, the consequences of such impairment are significant for the individuals, the public, law schools, legal employers, and bar admission authorities. The article provides an overview of the policies, practices, and procedures affecting individuals with mental and substance abuse impairments at various stages of entering and continuing in the legal profession and reviews how these policies are applied in the admission to and enrollment in law school, professional licensing, and employment. The article evaluates whether these policies, practices, and procedures appropriately address and balance the concerns of the individual with the interests of others. Comparisons to the medical profession are discussed. The article concludes by offering recommendations to improve the handling of these issues.
mental health, substance abuse, disabilities, licensing, law students, lawyers, mental illness, bar admissions,
Abstract: Since the 1979 Supreme Court decision in Southeastern Community College v. Davis, establishing that under the Rehabilitation Act a student must be able to carry out the essential program requirements with or without reasonable accommodation in spite of the disability. This decision established that fundamental alterations are not required, nor is the institution required to lower standards or provide unduly burdensome accommodations. After numerous judicial decisions and the 2000 Americans with Disabilities Act, numerous issues have been addressed. These include the definition of who is covered, immunity, reasonable accommodation, behavior and conduct, architectural barriers, program abroad requirements, and technology. The legal response has not changed substantially over time. The enrollment of "millennials" (students born after 1982 and who have grown up with the technology culture), has brought new challenges. Combining millennial behaviors with disability discrimination law creates additional challenges.
The article describes millennials. It then poses hypotheticals to highlight the kinds of issues that arise in the context of millennial students seeking disability accommodations. A discussion and overview of the response from courts and the Department of Education on key issues describes trends in situations and legal responses. Practical suggestions for administrators and university counsel provide proactive preventive guidance.
millennials, disability law, higher education, Americans with Disabilities Act, Rehabilitation Act, reasonable accommodations, discrimination, college
Abstract: The advent of US News & World Report ranking of law schools has brought a great deal of judging to the world of legal education. Prospective students, employers, and many others have come to judge law schools based on this ranking number. Unfortunately, this judging is not based on an understanding of what the ranking information may or may not mean, and the ranking number itself, is certainly not knowledge about a law school's quality. The US News purported measure of quality leaves out the important value of diversity as well as other important values. The under representation of African-Americans in legal education and the legal profession has been recognized as a significant concern. Efforts from many sectors are underway to address that under representation. One of the major challenges to increasing diversity, however, is the tension between improving or monitoring national law school rankings as a goal and increasing diversity as a goal. These challenges are especially difficult for law school deans. This article explores this issue. The article provides an overview of the ranking system and the weight of LSAT scores in that system and explains the disparate impact this weight has on minority applicants. It describes the special situation with respect to this issue in light of the diverse constituencies that law school deans work with and report to and what makes law school deans different than deans in other academic units. These constituencies include faculty members; central administration (president/provost/boards of trustees); alums; donors, supporters, and development officers; students; applicants; admissions staff; accreditation and membership organizations; university counsel; and the media. The article suggests the special opportunity that a law school dean has in educating constituencies about the limitations of ranking, so that these constituencies would have a better understanding that overemphasis of rankings can have on diversity. It provides some specific suggestions for audiences and means for this educational process. The dean's leadership role provides an opportunity to recognize the unique role of legal education as gatekeeper to the leadership of America. Deans who recognize that opportunity and use their positions to meet the challenge will play an important role in our nation's economic and social development.
rank, minorities, legal education, US News & World Report
Abstract: The article addresses the disability discrimination laws that apply to how individuals with mental health problems are treated in various contexts where concerns about campus violence or disruption are at issue. It discusses what educators are required to do (legal requirements), what they should do (what ethically should be considered in balancing the interests of the individual with mental health challenges and others that might be affected by conduct that relates to those challenges), and what they can do (considering resources to assist educators responsible for providing a safe and positive learning environment for other students, faculty, and staff, and for assuring that the interests of others are approviately balanced).
disability, campus violence, high risk, safety, discrimination, mental health
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