DOCSLIB.ORG

Publications of the Faculty of New York Law School 2015-2016 New York Law School

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Publications of the Faculty of New York Law School 2015-2016 New York Law School digitalcommons.nyls.edu Faculty Scholarship Annual Bibliography of Faculty Publications 2016 Publications of the Faculty of New York Law School 2015-2016 New York Law School Follow this and additional works at: https://digitalcommons.nyls.edu/annual_bibliography Recommended Citation New York Law School, "Publications of the Faculty of New York Law School 2015-2016" (2016). Annual Bibliography of Faculty Publications. 3. https://digitalcommons.nyls.edu/annual_bibliography/3 This Article is brought to you for free and open access by the Faculty Scholarship at DigitalCommons@NYLS. It has been accepted for inclusion in Annual Bibliography of Faculty Publications by an authorized administrator of DigitalCommons@NYLS. Since 1891 WE ARE NEW YORK’S LAW SCHOOL PUBLICATIONS OF THE FACULTY OF NEW YORK LAW SCHOOL July 2015 – July 2016 Prepared by: Camille Broussard And the Staff of the Mendik Library PUBLICATIONS OF THE FACULTY OF NEW YORK LAW SCHOOL July 2015 – July 2016 ALAN I. APPEL Chapters in Books The Trade or Business Issue for Foreign Portfolio Investors: From Safe Harbors to Troubled Waters, Chapter 2 in NEW YORK UNIVERSITY 74TH INSTITUTE ON FEDERAL TAXATION at 2-1 to 2-23 (2016) (with L. Schneidman). A Guide to Understanding the U.S. Tax Consequences of Foreign Person Investing in U.S. Real Property, Chapter 7 in NEW YORK UNIVERSITY 74TH INSTITUTE ON FEDERAL TAXATION AT 7-1 TO 7-27 (2016). Law Review & Scholarly Articles Tax Aspects of Credit Agreements: The Lender’s Perspective, 29(2) THE JOURNAL OF TAXATION AND REGULATION OF FINANCIAL INSTITUTIONS 5–12 (November/December 2015) (with J. J. Edwards). DEBORAH N. ARCHER Conference Materials, Monographs and Research Reports INNOVATIONS IN FOOD EQUITY: BUSINESS AND COMMUNITY TOGETHER. (New York Law School Racial Justice Project, 2016) (with T. Belinfanti, J. Bibby, K. Canning & V. DePietro). Newspaper Articles, Practice Materials and Other Publications Children Not Criminals: Bringing Restorative Justice to Our Schools, HUFFINGTON POST – Black Voices (February 2, 2016) available at http://www.huffingtonpost.com/deborah-n-archer/children-not-criminals-br_b_9094908.html. Stuck on Simple: The Challenge of Moving beyond Diversity to Inclusion, HUFFINGTON POST (September 14, 2015) available at http://www.huffingtonpost.com/deborah-n-archer/moving-beyond-diversity_b_8129482.html. TAMARA BELINFANTI Conference Materials, Monographs and Research Reports INNOVATIONS IN FOOD EQUITY: BUSINESS AND COMMUNITY TOGETHER. (New York Law School Racial Justice Project, 2016) (with D. N. Archer, J. Bibby, K. Canning & V. DePietro). Law Review & Scholarly Articles Completing the Gap-Filling Role of Social Intrapreneurship. 94 OREGON LAW REVIEW 67-124 (2015). NYLS Faculty Publications_____________________________________________________________________ LENNI B. BENSON Law Review & Scholarly Articles Caught in the Web: Immigrant Children in Removal Proceedings, Essay in IMPACT: COLLECTED ESSAYS ON THE EXPANDING ACCESS TO JUSTICE at 31-41 (New York Law School, Impact Center for Public Interest Law and Racial Justice Project, 2016) (with C.R. Thomas). ROBERT I. BLECKER Newspaper Articles, Practice Materials and Other Publications Blog Proprietor, ROBERT BLECKER (October 2011-) at http://www.robertblecker.com/. Counterpoint: Why Illinois Should Reinstate Death Penalty, CHICAGO SUN TIMES (Opinion) October 1, 2015 available at http://chicago.suntimes.com/opinion/counterpoint-why-illinois-should-reinstate-death-penalty/. LLOYD BONFIELD Books IMMIGRAZIONE E DIRITTO ALLA CITTADINANZA. (Editor & Contributor) (Editoriale Scientifica, 2015) (with G. Cataldi, N. Parisi, & P. Venturi). Chapters in Books Give Me Your Wealthy: Immigration Policy in England Late Seventeenth and Early Eighteenth Century, Chapter in IMMIGRAZIONE E DIRITTO ALLA CITTADINANZA at 3-32 (L. Bonfield, G. Cataldi, N. Parisi, & P. Venturi, eds., Editoriale Scientifica, 2015). RICHARD H. CHUSED Books GENDERED LAW IN AMERICAN HISTORY. (Carolina Academic Press, 2016) (with W. Williams). Law Review & Scholarly Articles Appropriate(d) Moments, 26 FORDHAM INTELLECTUAL PROPERTY, MEDIA AND ENTERTAINMENT LAW JOURNAL 104-187 (2015). 2 ___________________________________________________________________________________ ANTHONY W. CROWELL Newspaper Articles, Practice Materials and Other Publications New York City Law Schools Give Students an Edge While Serving Many Needs, NEW YORK LAW JOURNAL (NYLS Special Reports Newsletter) August 17, 2015 archived on Lexis Advance http://www.newyorklawjournal.com/id=1202734593108/New-York-City-Law-Schools-Give-Students-an-Edge- While-Serving-Many-Needs#ixzz3zbJw1ZPP. JOANNE DOROSHOW Conference Materials, Monographs and Research Reports BRIEFING BOOK: TORT LITIGATION BY THE NUMBERS. Center for Justice and Democracy. (January 2016) (with E. Gottlieb) available at http://centerjd.org/content/briefing-book-tort-litigation-numbers. Law Review & Scholarly Articles Tort Reform: Blocking the Courthouse Door and Denying Access to Justice, Essay in IMPACT: COLLECTED ESSAYS ON THE EXPANDING ACCESS TO JUSTICE at 57-65 (New York Law School, Impact Center for Public Interest Law and Racial Justice Project, 2016). Newspaper Articles, Practice Materials and Other Publications Tort-Related Consumer Advocacy, Entry in WATCHDOGS AND WHISTLEBLOWERS: A REFERENCE GUIDE TO CONSUMER ACTIVISM at 468-473 (R. N. Mayer & S. Brobeck, eds., ABC-CLIO/Greenwood, 2015). STEPHEN J. ELLMANN Chapters in Books Unraveling the Law of War, Chapter 15 in CONSTITUTIONALISM ACROSS BORDERS IN THE STRUGGLE AGAINST TERRORISM at 305-322 (F. Fabbrini & V.C. Jackson, eds., Edward Elgar Publishing, 2016). Law Review & Scholarly Articles Introduction (Symposium: Twenty Years of South African Constitutionalism: Constitutional Rights, Judicial Independence and the Transition to Democracy), 60 NEW YORK LAW SCHOOL LAW REVIEW 13-14 (2015/2016). The Struggle for the Rule of Law in South Africa (Symposium: Twenty Years of South African Constitutionalism: Constitutional Rights, Judicial Independence and the Transition to Democracy), 60 NEW YORK LAW SCHOOL LAW REVIEW 57-104 (2015/2016). 3 NYLS Faculty Publications_____________________________________________________________________ ELLMANN con’t Newspaper Articles, Practice Materials and Other Publications Blog Proprietor, NOW WITHOUT HESITATION (June 2009-) at http://nowwithouthesitation.blogspot.com/. Co-Editor, CLINICAL LAW TEACHING & PRACTICE EJOURNAL (formerly CLINICAL RESEARCH INSTITUTE), (sponsored by New York Law School, SSRN, 2004-) (with R. Marsico). STACY-ANN ELVY Law Review & Scholarly Articles A Postcolonial Theory of Spousal Rape: The Caribbean and Beyond. 22 MICHIGAN JOURNAL OF GENDER & LAW 89-167 (2015). Contracting in the Age of the Internet of Things: Article 2 of the UCC and Beyond. 44 HOFSTRA LAW REVIEW 839-932 (2016). RONALD H. FILLER Law Review & Scholarly Articles The Seventh Circuit and Sentinel -- Five Times a Charm! 36 FUTURES & DERIVATIVES LAW REPORT (April 2016). When All Else Fails: The Evolution of Customer Asset Protections after Brokerage Bankruptcy, FINANCIAL HISTORY (Issue 118, Summer 2016) at 32-34, 38-39. KRIS FRANKLIN Law Review & Scholarly Articles Do We Need Subject Matter-Specific Pedagogies? (The Pedagogy of Civil Procedure Symposium), 65 JOURNAL OF LEGAL EDUCATION 839-863 (2016). 4 ___________________________________________________________________________________ DONI GEWIRTZMAN Law Review & Scholarly Articles Behind the Nylon Curtain: Social Cohesion, Law, and the Disaggregation of American Culture (Symposium: Billy Joel & the Law), 32 TOURO LAW REVIEW 63-81 (2016) (with R. Roiphe). LISA F. GRUMET Law Review & Scholarly Articles Promoting Justice from the Inside: The Counseling Role of Local Government and School District Attorneys, Essay in IMPACT: COLLECTED ESSAYS ON THE EXPANDING ACCESS TO JUSTICE at 127-138 (New York Law School, Impact Center for Public Interest Law and Racial Justice Project, 2016). MARIANA HOGAN Chapters in Books Judicial Externships, Chapter 19 in LEARNING FROM PRACTICE: A TEXT FOR EXPERIENTIAL LEGAL EDUCATION 3RD ed. at 489-557 (L.Wortham, A. Scherr, N. Maurer & S. L. Brooks, eds., West Academic Publishing, 2016) (with M. Roffer). JOANNE INGHAM Law Review & Scholarly Articles The Practice Value of Experiential Legal Education: An Examination of Enrollment Patterns, Course Intensity, and Career Relevance, 22 CLINICAL LAW REVIEW 181-250 (2015) (with M. Reuter). 5 NYLS Faculty Publications_____________________________________________________________________ GERALD KORNGOLD Books rd PRIVATE LAND USE ARRANGEMENTS: EASEMENTS, REAL COVENANTS, AND EQUITABLE SERVITUDES. 3 ed. (Juris Publishing, 2016) PROPERTY STORIES. 2ND ed. (Foundation Press, 2009) (ed. with A. Morriss) translated into Mandarin (China Renmin University Press, 2015). Law Review and Scholarly Articles Commentary on Evan McKenzie, The Relationship Between the Rise of Private Communities and Increasing Socioeconomic Stratification (Chapter 11) in LAND AND THE CITY at 390-394 (G.W. McCarthy, G.K. Ingram & S.A. Moody, eds., Lincoln Institute of Land Policy, 2016) available at http://www.lincolninst.edu/publications/books/land-city. An Empirical Study of Modification and Termination of Conservation Easements: What the Data Suggest about Appropriate Legal Rules, 24 NEW YORK UNIVERSITY ENVIRONMENTAL LAW JOURNAL 1-58 (2016) (with S. Munteanu & L.E. Smith). WILLIAM P. LaPIANA Books th DRAFTING NEW YORK WILLS AND RELATED DOCUMENTS. 4 ed. (LexisNexis, 2010) (with I. Bloom) (Supplements 2010-). Newspaper Articles,
Load more

Recommended publications
  • Sanism and the Law Michael L
    Virtual Mentor American Medical Association Journal of Ethics October 2013, Volume 15, Number 10: 878-885. MEDICINE AND SOCIETY Sanism and the Law Michael L. Perlin, JD “Sanism,” an irrational prejudice against people with mental illness, is of the same quality and character as other irrational prejudices such as racism, sexism, homophobia, and ethnic bigotry that cause (and are reflected in) prevailing social attitudes [1, 2]. It infects both our jurisprudence and our lawyering practices. Sanism is largely invisible and largely socially acceptable. It is based predominantly upon stereotype, myth, superstition, and deindividualization and is sustained and perpetuated by our use of alleged “ordinary common sense” (OCS) and heuristic reasoning in irrational responses to events in both everyday life and the legal process [3, 4]. I have written extensively about the roots of the assumptions that are made by the legal system about persons with mental disabilities. These mistaken assumptions include: that people with mental illness are erratic, deviant, sexually uncontrollable, emotionally unstable, superstitious, lazy, and ignorant; that they demonstrate a primitive morality; they are invariably more dangerous than persons without mental illness, and such dangerousness is easily and accurately identified by experts; that for a person in treatment for mental illness to decline to take prescribed antipsychotic medication is an excellent predictor of (1) future dangerousness and (2) need for involuntary institutionalization; that people with mental illness should be segregated in large, distant institutions because their presence threatens the economic and social stability of residential communities; that they give in too easily to their basest instincts and do not exercise appropriate self-restraint [5].
    [Show full text]
  • Neurodiversity Studies
    Neurodiversity Studies Building on work in feminist studies, queer studies, and critical race theory, this vol• ume challenges the universality of propositions about human nature, by questioning the boundaries between predominant neurotypes and ‘others’, including dyslexics, autistics, and ADHDers. This is the first work of its kind to bring cutting-edge research across disciplines to the concept of neurodiversity. It offers in-depth explorations of the themes of cure/ prevention/eugenics; neurodivergent wellbeing; cross-neurotype communication; neu• rodiversity at work; and challenging brain-bound cognition. It analyses the role of neuro-normativity in theorising agency, and a proposal for a new alliance between the Hearing Voices Movement and neurodiversity. In doing so, we contribute to a cultural imperative to redefine what it means to be human. To this end, we propose a new field of enquiry that finds ways to support the inclusion of neurodivergent perspectives in knowledge production, and which questions the theoretical and mythological assump• tions that produce the idea of the neurotypical. Working at the crossroads between sociology, critical psychology, medical humani• ties, critical disability studies, and critical autism studies, and sharing theoretical ground with critical race studies and critical queer studies, the proposed new field – neurodiversity studies – will be of interest to people working in all these areas. Hanna Bertilsdotter Rosqvist is an Associate Professor in Sociology and currently a Senior Lecturer in Social work at Södertörn University. Her recent research is around autism, identity politics, and sexual, gendered, and age normativity. She is the former Chief Editor of Scandinavian Journal of Disability Research. Nick Chown is a book indexer who undertakes autism research in his spare time.
    [Show full text]
  • On Sanism Michael L
    digitalcommons.nyls.edu Faculty Scholarship Articles & Chapters 1992 On Sanism Michael L. Perlin New York Law School, [email protected] Follow this and additional works at: https://digitalcommons.nyls.edu/fac_articles_chapters Part of the Disability Law Commons, Law and Psychology Commons, and the Law and Race Commons Recommended Citation SMU Law Review, Vol. 46, Issue 2 (Fall 1992), pp. 373-408 This Article is brought to you for free and open access by the Faculty Scholarship at DigitalCommons@NYLS. It has been accepted for inclusion in Articles & Chapters by an authorized administrator of DigitalCommons@NYLS. ON "SANISM" Michael L. Perlin* I. INTRODUCTION MAGINE the uproar if a published appellate court decision in 1974 re- ferred to an adult person of color as a "boy." Imagine the fallout if the New York Times stated in 1964 that Plessy v. Ferguson was the lead case on the question of "separate but equal" accommodations. Imagine if, ten years after Roe v. Wade, a Congressman had been complimented for his "thoughtful" remarks when he stated that, not only was it still legal to criminalize first-trimester abortions, but that a state could also lawfully bar all women from using contraception. Imagine if left-liberal candidates in one of the most progressive legislative districts in the country ran for office on a platform of excluding racial minorities from living in that district. These acts would quickly, and correctly, be labelled either as racist, sexist or bizarre, and would be decried by well-meaning citizens at virtually all points on the political spectrum. Yet, when we substitute "mentally disabled person" for "person of color" or "racial minority" or "woman," we let such acts pass without notice or comment.' In fact, when a sitting state trial court judge recently endorsed Judge Oliver Wendell Holmes' infamous dic- tum from Buck v.
    [Show full text]
  • Engaging Studies in Ableism and Disability Jurisprudence
    Problematizing Vulnerability: Engaging Studies in Ableism and Disability Jurisprudence (Draft) Fiona Kumari Campbell Keynote Legal Intersections Research Centre, Disability at the Margins: Vulnerability, Empowerment and the Criminal Law, University of Wollongong, Wednesday 27 November 2013. Griffith Law School Griffith University Adjunct Professor, Department of Disability Studies, Faculty of Medicine, University of Kelaniya, Sri Lanka [email protected] Not for quotation or citation without the permission of the author. 1 Introduction 1 This paper builds upon over a decade of work around developing the concept of ableism, its nuances and theoretical application in the lifeworld of people with disability. I extend the theoretical scoping developed in my major work Contours of Ableism (2009), especially around matters interconnected to relationality – causality, vulnerability and social exclusion. The grounded context of my discussion is situated within the discipline of law and the ‘vulnerable’/disabled subject of public policy and law. The paper is divided in two parts. Part 1 outlines ableist terrains , scoping disability as relational, a synopsis of studies in ableism, the building blocks of theory about ableism and social exclusion. Part 2 concerns the application of ableism in to notions of vulnerability and consequences for judicial and state action. The paper will introduce studies in ableism with particular attention to adopting ableism as a methodology for ‘problem’ appraisal and strategies for inclusion. It will then interrogate dominant discourses of vulnerability (disabled people as vulnus or wounded, having a stable trait (Fineman, 2008, 2010, 2012; Ingram & Price, 2010; Ingram & Gallagher, 2010; Misztal, 2011) incorporating discussion around the biopolitics of disabled people as a suffering population (Butler, 2009; Kaul, 2013; Lloyd, 2008), that is an immutable, discrete insular minority and hence should be a protected class.
    [Show full text]
  • Mental Illness, Disabilities & Criminal Law: Myths, Sanism, Ethical
    Mental Illness, Disabilities & Criminal Law: Myths, Sanism, Ethical Considerations & Characterizations A Guide to the Effective Representation of Clients With A Mental or Physical Disability Speakers: Gene Hughes, Director of Advocacy, Utica, Resource Center for Independent Living Danny McLain, Accessibility Consultant, RCIL Frank J. Nebush, Jr., Oneida County Public Defender, Criminal Division Dr. Norman J. Lesswing, Forensic Psychologist, Syracuse, NY Saturday, September 15, 2018 Mohawk Valley Community College IT Room 225 9:00 a.m. – 12:00 p.m. This program is being presented in coordination with the: Criminal Division, Oneida County Public Defender’s Office New York State Defenders Association, Inc. New York Office of Indigent Legal Services Oneida County Supplemental Assigned Counsel Program CLE Credits 1 Diversity & Inclusion and Elimination of Bias in the Legal Profession 1 Ethics & Professionalism 1 Professional Practice PLEASE TO SURE TO TURN OFF YOUR CELLPHONE AND YOU MUST SIGN IN FOR THE MORNING SESSION AND AGAIN IN THE AFTERNOON Mental Illness, Disabilities & Criminal Law: Myths, Sanism, Ethical Considerations & Characterizations A Guide to the Effective Representation of Clients With A Mental or Physical Disability Saturday, September 15, 2018 Mohawk Valley Community College IT Building 225 9:00 a.m. – 12:00 p.m. 8:30 a.m. - 9:00 a.m. REGISTRATION 9:00 a.m. – 9:55 a.m. Dealing with the Stereotypes, Myths and Superstitions of Mental Illness and Physical Disabilities Gene Hughes, Director of Advocacy, Utica, RCIL Danny McLain, Accessibility Consultant, RCIL 10:00 a.m. – 10:55 a.m. The Criminal Defense Attorney’s Ethical Obligations in the Representation of a Mentally Ill Client Frank J.
    [Show full text]
  • Toward a Race-Conscious Critique of Mental Health-Related Exclusionary Immigration Laws
    Seattle University School of Law Digital Commons Faculty Scholarship 2021 Toward a Race-Conscious Critique of Mental Health-Related Exclusionary Immigration Laws Monika Batra Kashyap Follow this and additional works at: https://digitalcommons.law.seattleu.edu/faculty Part of the Immigration Law Commons Recommended Citation Monika Batra Kashyap, Toward a Race-Conscious Critique of Mental Health-Related Exclusionary Immigration Laws, 26 Mich. J. Race & L. 87 (2021). https://digitalcommons.law.seattleu.edu/faculty/834 This Article is brought to you for free and open access by Seattle University School of Law Digital Commons. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of Seattle University School of Law Digital Commons. Michigan Law on Race & Law Journal of L aw Re for m Special Issue Winter 2021 Toward a Race-Conscious Critique of Mental Health-Related Exclusionary Immigration Laws MoniLa Batra Kashyap Legal reform scholarship can take many shapes: it can offer specific and concrete suggestions for reform, it can identify a legal issue in need of reform, or it can challenge the legal academy’s perspective on an issue. For this Special Issue, the University of Michigan Journal of Law Reform is pleased to present Professor Monika Batra Kashyap’s Article: Toward a Race-Conscious Critique of Mental Health-Related Exclusionary Immigrations Laws. Professor Batra Kashyap’s important piece uses Dis/ability Critical Race Theory (DisCrit) to identify the racist and ableist underpinnings of our immigration laws and proposes that it should be used to inform future reform efforts. university of michigan Journal of Law Reform Editorial Board Volume 54 • 2020–2021 *Special Issue Editors Editor-in-Chief Nicole Frazer* Managing Editor Elise M.
    [Show full text]
  • Pursuing Justice for the Mentally Disabled Grant H
    University of San Diego Digital USD University of San Diego Public Law and Legal Law Faculty Scholarship Theory Research Paper Series June 2005 Pursuing Justice for the Mentally Disabled Grant H. Morris Univerisity of San Diego School of Law, [email protected] Follow this and additional works at: http://digital.sandiego.edu/lwps_public Part of the Civil Rights and Discrimination Commons, Constitutional Law Commons, Criminal Law Commons, Criminal Procedure Commons, Health Law and Policy Commons, Human Rights Law Commons, Law and Psychology Commons, Legal Ethics and Professional Responsibility Commons, Medical Jurisprudence Commons, and the Public Law and Legal Theory Commons Digital USD Citation Morris, Grant H., "Pursuing Justice for the Mentally Disabled" (2005). University of San Diego Public Law and Legal Theory Research Paper Series. 31. http://digital.sandiego.edu/lwps_public/art31 This Article is brought to you for free and open access by the Law Faculty Scholarship at Digital USD. It has been accepted for inclusion in University of San Diego Public Law and Legal Theory Research Paper Series by an authorized administrator of Digital USD. For more information, please contact [email protected]. Pursuing Justice forMorris: the Mentally Disabled Grant H. Morris* I. Assessing the Competence of Counsel in Right to Refuse Treatment Cases If Michael Perlin spoke in a forest, and no one heard him speak, would he still make a sound? That is the question I ask you to consider as I respond to Michael’s article.1 Lawyers who represent mentally disabled clients in civil commitment cases and in right to refuse treatment cases, Michael tells us, are guilty of several crimes.
    [Show full text]
  • Sanism, 'Mental Health', and Social Work/Education: a Review and Call to Action
    SANISM, ‘MENTAL HEALTH’, AND SOCIAL WORK/EDUCATION 20 Sanism, ‘Mental Health’, and Social Work/Education: A Review and Call to Action Jennifer M. Poole, Tania Jivraj, Araxi Arslanian, Kristen Bellows, Sheila Chiasson, Husnia Hakimy, Jessica Pasini, and Jenna Reid Abstract Sanism is a devastating form of oppression, often leading to negative stereotyping or arguments that individuals with ‘mental health’ histories are not fit to study social work. However, the term sanism is rarely used, understood, or interrogated in the social work academy, even in anti-oppressive spaces. Indeed, social work has been so loyal to the medical model that sanist aggressions, such as pathologizing, labelling, exclusion, and dismissal have become a ‘normal’ part of professional practice and education. We query the moral integrity of a profession that at its foundational core could play a role in such a discriminatory tactic as sanism. We wonder what the effect of this has been on social work and its education. We ask, who has been excluded, what has been silenced or denied because of the privileging of medical conceptualizations of madness, and how can we work toward anti-sanist social work today? In this paper we provide an overview of sanism. We offer a more critical review of the literature on ‘mental health’ and social work. We report on our anti-sanist participatory pilot research, and aligned with current Canadian rights work, we call for action with respect to how social workers theorize, research, and respond to madness now. Keywords: mental health, sanism, Mad studies, oppression, rights, social work, social work education Social work has long been known for its anti-oppressive scholarship on issues such as racism, heterosexism, and ableism (see, for example, Adams, Dominelli, & Payne, 2002; Baines, 2007; Ben-Ari, 2001; Butler, Elliott, & Stopard, 2003; Hicks, 2008; Krieglstein, 2004; Macey & Moxon, 1986; McPhail, 2010; Trolander, 1997; Trotter, Brogatzki, Duggan, Foster, & Levie, 2006).
    [Show full text]
  • "New" Human Right: Learning from Others, Bringing Legal Capacity Home
    INTRODUCING A "NEW" HUMAN RIGHT: LEARNING FROM OTHERS, BRINGING LEGAL CAPACITY HOME Kristin Booth Glen* TABLE OF CONTENTS Introduction. .............................................. 2 I. Unresolved Issues ............................................ 3 A. The Meaning of Legal Capacity......................... 13 1. Conceptual/Philosophical............................. 15 2. Legal.............................. ............... 20 3. Political .............................................. 22 B. Supported Decision-Making (SDM) ........... .............. 26 C. "Vulnerable Groups" Who Are the Subjects of Article 12..........33 1. People with Psychosocial Disabilities .............. ..... 34 2. Older persons ........................... ........... 41 3. Persons with Traumatic Brain Injuries ................. 45 D. Implications for Criminal Law..........................49 1. Incompetence to Stand Trial......................51 * University Professor and Dean Emerita, CUNY School of Law; Director, Supported Decision Making New York (SDMNY); Surrogate, New York County (Ret.). Deepest thanks to those who have assisted and supported me in writing this article: the amazing Project Coordinator of SDMNY, Matthew (Hezzy) Smith; Lana Kerzner (Canada); Nadia Shabani (Bulgaria); Elizabeth Kamundia (Kenya); Bob Fleischner (U.S.A.); Kathy Williams and Ricardo Pla of CUNY's library faculty; and colleagues in legal capacity work around the world, whose wisdom and hospitality gives new meaning to the word "solidarity" that characterizes this enterprise; Michael
    [Show full text]
  • Persons with Mental Disabilities and the Competence to Have Sex
    Washington Law Review Volume 89 Number 2 6-1-2014 "All His Sexless Patients": Persons with Mental Disabilities and the Competence to Have Sex Michael L. Perlin Alison J. Lynch Follow this and additional works at: https://digitalcommons.law.uw.edu/wlr Part of the Disability Law Commons, and the Sexuality and the Law Commons Recommended Citation Michael L. Perlin & Alison J. Lynch, "All His Sexless Patients": Persons with Mental Disabilities and the Competence to Have Sex, 89 Wash. L. Rev. 257 (2014). Available at: https://digitalcommons.law.uw.edu/wlr/vol89/iss2/13 This Article is brought to you for free and open access by the Law Reviews and Journals at UW Law Digital Commons. It has been accepted for inclusion in Washington Law Review by an authorized editor of UW Law Digital Commons. For more information, please contact [email protected]. 05 - Perlin & Lynch Article.docx (Do Not Delete) 6/6/2014 10:56 AM “ALL HIS SEXLESS PATIENTS”: PERSONS WITH MENTAL DISABILITIES AND THE COMPETENCE TO HAVE SEX Michael L. Perlin* & Alison J. Lynch** INTRODUCTION ................................................................................ 258 I. COMPETENCE TO HAVE SEX ................................................ 263 A. Factors to Consider in Assessing Competence to Have Sex ...................................................................................... 263 B. Defining “Sex” ................................................................... 265 1. Variations ..................................................................... 266 a. Masturbation
    [Show full text]
  • No. 44713-4-Ii Court of Appeals of the State of Washington
    NO. 44713-4-II COURT OF APPEALS OF THE STATE OF WASHINGTON DIVISION II DALE WEEMS, Appellant, v. STATE BOARD OF INDUSTRIAL INSURANCE APPEALS, Respondent. AMICUS CURIAE BRIEF OF DISABILITY RIGHTS WASHINGTON IN SUPPORT OF APPELLANT Heather McKimmie, WSBA #36730 DISABILITY RIGHTS WASHINGTON 315 5th Avenue South, Suite 850 Seattle, Washington 98104 Telephone: (206) 324-1521 [email protected] TABLE OF CONTENTS I. INTERESTS AND IDENTITY OF AMICUS CURIAE ................. 1 II. STATEMENT OF THE CASE ........................................................ 3 III. ARGUMENT ................................................................................... 4 A. THE ADA AND WLAD WERE PASSED TO COMBAT RAMPANT DISCRIMINATION AGAINST PEOPLE WITH DISABILITIES, INCLUDING DISCRIMINATION IN STATE JUDICIAL PROCESSES ............................................................ 5 B. A REVIEW OF APPELLANT’S CASE DEMONSTRATES THAT DISCRIMINATION AGAINST PEOPLE WITH MENTAL DISABILITIES, OTHERWISE KNOWN AS SANISM, STILL PERVADES ASPECTS OF WASHINGTON’S JUDICIAL PROCESSES ............................. 8 1. The IAJ’s decision to not accommodate Mr. Weems was based on “ordinary common sense” assumptions, not evidence ............................................................................... 11 2. Respondent BIIA’s brief exemplifies sanist assumptions when it argues that people with mental disabilities do not need to be thoroughly and individually assessed to determine appropriate accommodations ............................................... 13 3. Respondent
    [Show full text]
  • DEI Action Plan Report US2, Inc
    THE CHARTER SCHOOL OF WILMINGTON Diversity, Equity, & Inclusion Action Plan Report 2019/2020 School Year WRITTEN & COMPILED BY: US2, INC. In Partnership with CSW Stakeholders Table of Contents I. Overview of Work………………………………………………………. 3 II. Importance of a Vision……………………………………………….. 7 III. Impact of Presence and Relationships………………………. 10 IV. Understanding Equity Issues…………………………………….. 16 V. Inclusive Policies and Curriculum……………………………… 22 VI. Summary of Recommendations……………………………….. 26 VII. Members of the Committee……………………………………… 28 VIII. Notes from Meetings a. December 11, 2019…………………………………………….… 30 b. November 6, 2019………………………………………………... 34 c. November 20, 2019………………………………………………. 50 d. December 11, 2019…………………………………………….… 97 e. January 27, 2020…………………………………………………. 101 The Charter School of Wilmington DEI Action Plan Report US2, Inc. Page 2 of 104 Overview of Work The Charter School of Wilmington (CSW) started the process of crafting an Action Plan Committee in both a reactive and proactive decision. As many schools across the nation struggle with societal decisions around diversity, equity, and inclusion, CSW is not excluded from this plight. Rather than allowing the climate to continue perpetuating negative behaviors, the leadership team made the decision to confront and provoke conversations around identity groups, with race being the initial topic. Pulling together a representative sample of the CSW community, the work started in October with a training in how to have courageous and difficult conversations. After this training, aimed at helping committee members to address difficult topics when they arose, the team met on a regular basis four more times throughout the fall and winter months of the 2019/2020 school year. During these meetings, we discussed stakeholder feedback and crafted action steps in order to provide a succinct report to present to the CSW community as next steps in the areas of diversity, equity, and inclusion (DEI).
    [Show full text]