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The eJournal is sponsored by the Syracuse University College of Law Disability Law and Policy (DLP) Program of the Syracuse University Center on Human Policy, Law, and Disability Studies (CHPLDS). The DLP Program sponsors a range of law school academic programs and co-curricular activities, including the first joint degree program in law and disability studies. The Program is part of the CHPLDS which is the first such university-wide network of academic programs, centers, student organizations, and affiliated faculty whose research, teaching, and advocacy promotes the rights of people with disabilities locally, nationally, and globally.


Table of Contents

Copyright Protections and Disability Rights: Turning the Page to a New International Paradigm

Paul David Harpur, University of Queensland - T.C. Beirne School of Law
Nicolas Suzor, Queensland University of Technology - Faculty of Law

Integrating the Internet

Bradley A. Areheart, University of Tennessee College of Law
Michael Stein, William & Mary Law School, Harvard Law School

Regulating End-of-Life Care Without Discrimination

Jonas-Sébastien Beaudry, McGill University (Biomedical Ethics Unit / Faculty of Law)

Mental Health Evidence and the Capital Defense Function: Prevailing Norms

Russell Stetler, Office of the Federal Public Defender, Oakland

Beyond (Models of) Disability?

Jonas-Sébastien Beaudry, McGill University (Biomedical Ethics Unit / Faculty of Law)


DISABILITY LAW eJOURNAL
Sponsored by Syracuse University Disability Law & Policy (DLP) Program

"Copyright Protections and Disability Rights: Turning the Page to a New International Paradigm" Free Download
Harpur, Paul and Suzor Nicolas,'Copyright Protections and Disability Rights: Turning the Page to a New International Paradigm' (2013) 36 (3) University of New South Wales Law Journal
University of Queensland TC Beirne School of Law Research Paper No. 14-08

PAUL DAVID HARPUR, University of Queensland - T.C. Beirne School of Law
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NICOLAS SUZOR, Queensland University of Technology - Faculty of Law
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This article argues that governments around the world need to take immediate coordinated action to reverse the ‘book famine’. There are over 129 million book titles in the world, but persons with print disabilities can obtain less than 7 per cent of these titles in formats that they can read. The situation is most acute in developing countries, where less than 1 per cent of books are accessible.

"Integrating the Internet" Free Download
George Washington Law Review, Vol. 83, 2015
University of Tennessee Legal Studies Research Paper No. 231

BRADLEY A. AREHEART, University of Tennessee College of Law
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MICHAEL STEIN, William & Mary Law School, Harvard Law School
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This Article argues that the paradigmatic right of people with disabilities “to live in the world? naturally encompasses the right “to live in the Internet.? Further, that the Internet is rightly understood as a place of public accommodation under anti-discrimination law. Because public accommodations are indispensable to integration, civil rights advocates have long argued that marginalized groups must have equal access to the physical institutions that enable one to learn, socialize, transact business, find jobs, and attend school. The Web now provides all of these opportunities and more, but people with disabilities are unable to traverse vast stretches of its interface. This virtual embargo is indefensible, especially when one recalls that the entire Web was constructed over the last 25 years and is further constructed every day. Exclusion from the Internet will cast an even wider shadow as an aging U.S. population with visual, hearing, motor, and cognitive impairments increasingly faces barriers to access. Unless immediate attention is given, the virtual exclusion of people with disabilities — and others, such as elders and non-native English speakers — will quickly overshadow the ADA’s previous achievements in the physical sphere.

Accordingly, this Article develops the claim that the Internet is a place of public accommodation, which must be integrated, by showing the same concerns that motivated access for African Americans under the Civil Rights Act of 1964 now compel Web accessibility for people with disabilities under the ADA. The issue is, however, even more pressing as the Internet is broad enough to encompass all of the traditional categories of public accommodations — as well as social arenas like education and work. In this way, access to the Internet provides an unprecedented opportunity to overcome attitudinal barriers since almost all people now interact frequently through the Web. Moreover, because disabilities are not apparent online, the Internet facilitates the social engagement of people who might not otherwise interact. Finally, Internet accessibility provokes reconsideration of the Constitutional rights of individuals with disabilities. Integrating the Internet will advance — instead of infringe upon — their rights to democratic self-governance, personal autonomy, and self-expression.

"Regulating End-of-Life Care Without Discrimination" Free Download

JONAS-SÉBASTIEN BEAUDRY, McGill University (Biomedical Ethics Unit / Faculty of Law)
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Two recent legal developments in Canada have reopened the issues of euthanasia, self-determination and end-of-life care that had been settled by Sue Rodriguez, the 1993 Supreme Court case according to which the Canadian Criminal Code ban on assisted suicide did not violate the Canadian Charter of Rights and Freedoms.

The legalization and regulation of medical aid in dying would bring the controversial topic of “lives worth living? and the notion of dignity in the public discourse. Disability activists have cause to worry about the direct and indirect effects of such future legal frameworks.

"Mental Health Evidence and the Capital Defense Function: Prevailing Norms" Free Download
82 UMKC L. Rev. 407 (2014)

RUSSELL STETLER, Office of the Federal Public Defender, Oakland
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This article discusses how mental health experts have played a critical role in post-Furman capital cases, how mental health professionals have articulated appropriate standards, and how courts have viewed counsel's obligations with respect to choosing experts wisely and providing them with the social history data that will critical to reliable assessments in capital cases.

"Beyond (Models of) Disability?" Free Download

JONAS-SÉBASTIEN BEAUDRY, McGill University (Biomedical Ethics Unit / Faculty of Law)
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The strategy of developing an ontology or models of disability as a prior step to settling ethical issues regarding disabilities is highly problematic, for two reasons. First, key definitional aspects of disability are normative, and cannot helpfully be made value-neutral. Second, if we accept that the contested concept of disability is value-laden, it is far from obvious that there are definitive reasons for opting for an interpretation of the concept over another. I conclude that the concept of disability is better left ethically open-ended or broad enough to encompass the examination of various ethical issues (such as oppression, minority rights or physical discomfort). Alternatively, the concept of disability could be altogether abandoned in order to focus on specific issues without being hindered by debates about the nature of disability. Only political costs, rather than conceptual considerations internal to the models, could be weighed against such a conclusion.

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About this eJournal

Sponsored by: Syracuse University Disability Law & Policy (DLP) Program.


This eJournal distributes working and accepted paper abstracts which address issues of domestic, comparative, and international disability law and policy and disability studies, including  issues related to mental health and mental disability law and policy. The eJournal addresses legal issues, legislation, policy and a critical examination of disability as part of diversity in the US and in other societies throughout the world.

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LSN SUBJECT MATTER EJOURNALS

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Northwestern University - School of Law, Northwestern University - Kellogg School of Management, European Corporate Governance Institute (ECGI)
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RONALD J. GILSON
Stanford Law School, Columbia Law School, European Corporate Governance Institute (ECGI)
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