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
"Sexuality and Incapacity"
Ohio State Law Journal, Vol. 76, 2015, Forthcoming
Chicago-Kent College of Law Research Paper No. 2015-09
ALEXANDER A. BONI-SAENZ, Chicago-Kent College of Law
Sexual incapacity doctrines are perhaps the most important form of sexual regulation, as they control access to sex by designating who is legally capable of consenting to sex. Most states have adopted sexual incapacity tests for adults that focus narrowly on assessing an individual’s cognitive abilities. These tests serve an important protective function for people with temporary cognitive impairments, such as those rendered incapable due to alcohol or drugs. However, this comes at the cost of barring many people with persistent cognitive impairments, such as Down Syndrome or Alzheimer’s Disease, from any sexual activity. This is despite the fact that they still have sexual desires and are able to engage in sexual decision-making with support from caregiving networks. The central claim of this Article is that sexual incapacity doctrine should grant legal capacity to adults with persistent cognitive impairments if they are embedded in an adequate decision-making support network. In other words, the right to sexual expression should not be withheld due to cognitive impairment alone. To justify this claim, the Article provides a theory of sexual incapacity doctrine that is grounded in the practice of supported decision-making and the normative foundations of sexual capability and relational autonomy. The Article then sets forth a novel test for sexual consent capacity: cognition-plus. This test focuses on gauging the capacity for volition, assessing the mental capacity of the individual to understand the nature and consequences of the sexual decision, and evaluating the adequacy of the decision-making support system using principles of fiduciary law. The Article concludes by applying the cognition-plus test to the case of older adults with dementia, a group of increasing importance with the aging of the population.
"The Americans with Disabilities Act and Higher Education 25 Years Later: An Update on the History and Current Disability Discrimination Issues for Higher Education"
Journal of College and University Law, Vol. 41, No. 3, 2015
LAURA ROTHSTEIN, University of Louisville - Louis D. Brandeis School of Law
This article highlights the critical and most important issues to which college and university counsel and administrators should be giving attention at this time. The discussion in this article is based on issues arising within higher education, statutory changes and regulations, recent regulatory guidance (including opinion letters, agency decisions, commentary and compliance), judicial decisions, and significant settlement agreements.
While the primary focus of the article is on student issues, there are other important areas addressed as well. These include employment issues relating to faculty and staff and overarching issues that affect students, faculty, staff, and the public. The crosscutting issues affecting all of these groups include technology, architectural barriers, service and emotional support animals, and food. These are also addressed.
"e-Books and Accessibility"
QUT e-Book Forum, Brisbane, June 2015
PAUL DAVID HARPUR, University of Queensland - T.C. Beirne School of Law
E-books are increasingly being purchased over standard print books in university libraries. In this presentation Dr Harpur discusses his personal journey through law school, graduate school in into the academy using, at first scanned copies of books, and now increasingly and exclusively E-books. He presents findings of research which analyses how disability accessible different E-libraries analyses are, considers competing legal rights and explains the role library staff can play in promoting book equality.
"The New Era of Segmenting Society on Ability Lines: Workplace Analytics and Disability Discrimination"
Society for Disability Studies, Atlanta USA, June 2015
PAUL DAVID HARPUR, University of Queensland - T.C. Beirne School of Law
Big data is transforming what it means for segmenting society. Every time a person turns on their computer, carries a mobile phone, uses a swipe card, taps their credit card, borrows a library book, has an identification card scanned or their car registration recorded by the state or at a gas station, that individual has information about them stored. This mass of data is now being crunched by analytical tools that can explain past conduct, predict future conduct and help alter human conduct. These analytical tools are self-learning and involve billions of decisions to sort society in new and uncharted ways. The growth of workplace analytics is having a substantial impact on who is hired, fired and promoted. For persons with disabilities big data analytics presents both challenges and massive threats. This presentation will use disability theories to explore what workplace analytics means for anti-discrimination laws and for how we understand ability and disability.
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.
Editor: Arlene S. Kanter, Syracuse University
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