Announcements

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.



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

"Moving Towards Inclusive Education as a Human Right: An Analysis of International Legal Obligations to Implement Inclusive Education in Law and Policy" Free Download
Maastricht Faculty of Law Working Paper No. 2014-7

LISA WADDINGTON, Maastricht University
Email:
CARLY TOEPKE, Universität Luzern
Email:

Children with disabilities experience ongoing segregation in special education classes or are otherwise excluded from education. This is in spite of the fact that States have a legal obligation to offer an accessible and inclusive education to all learners. Exclusion of any child from education is a violation of international law and a breach of human rights. The provision of inclusive education is an obligation under international law, as well as the means by which to fulfil the additional legal obligation to make education accessible to children with disabilities. Inclusive education is not only an educational system, but an approach and an attitude which addresses the learning needs of all learners and allows for the greatest possible educational opportunities. Inclusive education prevents exclusion and promotes the participation of all children in the educational setting and beyond.

This report provides an interpretation and legal analysis of the right to education, and specifically inclusive education, under the United Nations Convention on the Rights of the Child (“CRC?) and the United Nations Convention on the Rights of Persons with Disabilities (“CRPD?). The rules of interpretation codified in the Vienna Convention on the Law of Treaties are explained and used in this interpretation process. The report discusses the obligations of State Parties, policy makers, and educational professionals to make inclusive education for all learners a reality. The obligations from the Conventions are clarified through an interpretation of the treaty texts and an examination of the works of the treaty body committees. The report also makes recommendations and conclusions relating to the right to inclusive education found in these legally binding instruments.

"Bioresearch, Biobanks and Informed Consent from Vulnerable Donors in Spanish Law" Free Download

I. VIVAS-TESÓN, University of Seville
Email:

In this paper we will carry out a detailed exegesis of Law 14/2007 on Biomedical Research, from the 3 July, and of Royal Decree 1716/2011, from the 18 November, through which the basic requirements for the authorisation and functioning of biobanks for biomedical research, as well as for the handling of human samples, are established. It is also through this Decree that the functioning and organisation of the Spanish National Register of Biobanks for biomedical research is established. This register allows us to check whether the regulatory provisions of each biobank are adapted to the guidelines set out both in international treaties and specific Spanish legislation, whether they are suited to the legal status of vulnerable persons and whether the rights of minors and persons with disabilities are duly safeguarded by Spanish legislation. At the same time, we put forward a number of interpretive doubts brought about by inaccuracies or technical omissions made in the wording of legislative texts.

"Fighting on Too Many Fronts: Concerns Facing Elderly Veterans in Navigating the United States Department of Veterans Affairs Benefits System" Free Download
Hamline Law Review, Vol. 37, p. 19, 2014

BENJAMIN PIETER POMERANCE, New York State Division of Veterans’ Affairs
Email:

Approximately twenty-three million Veterans of the United States military live in the United States today. All too commonly, these Veterans suffer from extremely damaging delays and inaccuracies when the United States Department of Veterans Affairs (VA) processes their claims for federal benefits. These delays and related problems particularly harm America's elderly Veterans, who often greatly need the financial gains that these benefits provide. In addition, elderly Veterans face unique challenges in navigating the VA benefits system, including the VA's outdated federal fiduciary program that can leave a total stranger in charge of a Veteran's VA benefits -- even if that Veteran previously designated an agent in a valid Power of Attorney. This article discusses these problems in detail, and proposes some potential solutions to ensure that Veterans and their loved ones receive the VA benefits that they earned in uniform.

"Accommodating Pregnancy" 

BRADLEY A. AREHEART, University of Tennessee College of Law
Email:

Courts have interpreted the Americans with Disabilities Act and the Pregnancy Discrimination Act not to affirmatively require accommodations for pregnant workers. This has generated protest and led all three branches of the federal government to try and strengthen pregnancy rights. The “Pregnant Workers Fairness Act? is pending in Congress and has drawn strong vocal support from President Obama. Meanwhile, the Equal Employment Opportunity Commission issued new pregnancy discrimination guidelines this summer and the U.S. Supreme Court granted certiorari in a case that will consider the extent to which pregnancy accommodations are required by law.

In contrast to a dizzying chorus of support for the affirmative right to pregnancy accommodations, this Article argues that such proposals are misguided. In particular, characterizing pregnancy as a “disability? or pregnant women as a class in special need of accommodation poses a substantial danger of expressive harms (sending a message that negatively impacts certain groups of people). Such proposals may revitalize exclusionary and paternalistic attitudes toward pregnant employees, signal incapacity to work, and actually increase sex discrimination. It is thus imperative to consider the potential expressive impact of pregnancy accommodation schemes in light of current social norms in which pregnant women are generally seen as capable of productive work. While pregnancy presents a sympathetic case for accommodations, any potential benefits should come from proposals that eschew a protected class approach in favor of general accommodation rights.

^top

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.

Submissions

To submit your research to SSRN, sign in to the SSRN User HeadQuarters, click the My Papers link on left menu and then the Start New Submission button at top of page.

Distribution Services

If your organization is interested in increasing readership for its research by starting a Research Paper Series, or sponsoring a Subject Matter eJournal, please email: RPS@SSRN.com

Distributed by

Legal Scholarship Network (LSN), a division of Social Science Electronic Publishing (SSEP) and Social Science Research Network (SSRN)

Directors

LSN SUBJECT MATTER EJOURNALS

BERNARD S. BLACK
Northwestern University - School of Law, Northwestern University - Kellogg School of Management, European Corporate Governance Institute (ECGI)
Email: bblack@northwestern.edu

RONALD J. GILSON
Stanford Law School, Columbia Law School, European Corporate Governance Institute (ECGI)
Email: rgilson@leland.stanford.edu

Please contact us at the above addresses with your comments, questions or suggestions for LSN-Sub.