Implementing a capacity metric for those with diminished mental capacity comes with inherent risks. Ideally, states should amend their constitutions and statutes to remove voting restrictions based on mental incapacity. Realistically, for states that wish to continue implementing voting restrictions based on mental incapacity, they should implement the ABA’s recommendation absent the third criterion. This method would serve to create uniform standards implemented by the judiciary and deter informal gatekeeping. Mobilization and advocacy through education and non-legislative initiatives should occur to promote enfranchisement and encourage those with diminished mental capacity to vote, thereby cementing their inclusion in society and dismantling the continuation of stigma.
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How the Americans with Disabilities Act of 1990 Continues to Fail the Deaf and Hard of Hearing
Over 30 years have gone by since President George H.W. Bush signed the Americans with Disabilities Act (ADA) of 1990. Since its passage, many Americans might find it difficult to imagine a world in which an individual with a disability is still denied equal access to day-to-day activities, opportunities, information, leisure activities, and communication. What might be even more difficult for people to imagine is a world where said person is also ineligible to be granted relief under the ADA. This, unfortunately, is the reality individuals in the Deaf and hard of hearing community continue to face today.
Continue reading “How the Americans with Disabilities Act of 1990 Continues to Fail the Deaf and Hard of Hearing”The Search for Answers: Overcoming Chaos and Inconsistency in Addressing the Opioid Crisis
As COVID-19 dominates the news, the opioid crisis rages on unabated. The governmental response has been largely incoherent, as a wide-ranging host of criminal and civil initiatives pepper the national landscape. This Article discusses the current state of play in addressing the opioid epidemic, identifying the pros and cons of each approach, and concluding with recommendations for the best path forward. This Article also places this debate in the context of disability rights theory, an important yet heretofore ignored perspective, as well as therapeutic jurisprudence.
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