Unjustified Isolation Is Discrimination: The Olmstead Case Against Overbroad and Undue Organizational and Public Guardianship

Inclusion ◽  
2015 ◽  
Vol 3 (2) ◽  
pp. 65-74 ◽  
Author(s):  
Margaret “Jenny” Hatch ◽  
Samantha Alexandra Crane ◽  
Jonathan G. Martinis
Keyword(s):  
Down Syndrome ◽  
Americans With Disabilities Act ◽  
Group Home ◽  
People With Disabilities ◽  
Life Outcomes ◽  
Community Based ◽  
The Past ◽  
Basic Rights ◽  
Sheltered Workshop ◽  
Do So

Abstract Over the past 3 decades, research has found that overbroad and undue guardianship—guardianship imposed on people who can use less restrictive alternatives to guardianship in order to make their own decisions, with or without support—can lead to negative life outcomes and deny basic rights and opportunities. This article presents the case of Margaret “Jenny” Hatch, a woman with Down syndrome who, even though she had successfully lived and worked in the community and wished to continue to do so, was placed under plenary, organizational guardianship and forced to live in a segregated group home and work in a sheltered workshop. After recounting Ms. Hatch's case, this article reviews the harm that can result from overbroad and undue guardianship and argues that Ms. Hatch's guardianship violated her rights under Title II of the Americans With Disabilities Act. Finally, the article makes recommendations for future “Olmstead” advocacy focused on ensuring access to integrated, community-based living and employment for people with disabilities under organizational or public guardianship.

scholarly journals Austria

2008 ◽  
Vol 5 (1) ◽  
pp. 6-7
Author(s):  
Germain Weber
Keyword(s):  
Intellectual Disabilities ◽  
Regional Policy ◽  
People With Disabilities ◽  
Community Based ◽  
The Past ◽  
People With Intellectual Disabilities ◽  
Policy Agendas

In the past two decades, national as well as regional policy agendas for people with disabilities and especially people with intellectual disabilities have followed strategies of inclusion and rights, with the promotion of a community-based approach.

Imagining Mary Magdalene

2014 ◽  
Vol 7 (1) ◽  
pp. 1-25
Author(s):  
Jodie Eichler-Levine
Keyword(s):  
Comic Books ◽  
Historical Novels ◽  
Religion And Spirituality ◽  
Mary Magdalene ◽  
The Past ◽  
Scholarly Discourse ◽  
Do So

In this article I analyze how Americans draw upon the authority of both ancient, so-called “hidden” texts and the authority of scholarly discourse, even overtly fictional scholarly discourse, in their imaginings of the “re-discovered” figure of Mary Magdalene. Reading recent treatments of Mary Magdalene provides me with an entrance onto three topics: how Americans see and use the past, how Americans understand knowledge itself, and how Americans construct “religion” and “spirituality.” I do so through close studies of contemporary websites of communities that focus on Mary Magdalene, as well as examinations of relevant books, historical novels, reader reviews, and comic books. Focusing on Mary Magdalene alongside tropes of wisdom also uncovers the gendered dynamics at play in constructions of antiquity, knowledge, and religious accessibility.

Pakistan’s Development: Successes, Failures, and Future Tasks (Presidential Remarks)

1997 ◽  
Vol 36 (4I) ◽  
pp. 321-331
Author(s):  
Sarfraz Khan Qureshi
Keyword(s):  
Indian Subcontinent ◽  
General Meeting ◽  
The Past ◽  
Past Half Century ◽  
The Social ◽  
The Subject ◽  
Golden Jubilee ◽  
Freedom Movement ◽  
Past Half ◽  
Do So

It is an honour for me as President of the Pakistan Society of Development Economists to welcome you to the 13th Annual General Meeting and Conference of the Society. I consider it a great privilege to do so as this Meeting coincides with the Golden Jubilee celebrations of the state of Pakistan, a state which emerged on the map of the postwar world as a result of the Muslim freedom movement in the Indian Subcontinent. Fifty years to the date, we have been jubilant about it, and both as citizens of Pakistan and professionals in the social sciences we have also been thoughtful about it. We are trying to see what development has meant in Pakistan in the past half century. As there are so many dimensions that the subject has now come to have since its rather simplistic beginnings, we thought the Golden Jubilee of Pakistan to be an appropriate occasion for such stock-taking.

Other People's Struggles

2019 ◽  
Author(s):  
Nicholas Owen
Keyword(s):  
Social Psychology ◽  
Social Movements ◽  
Political Theory ◽  
Identity Politics ◽  
Global Justice ◽  
British History ◽  
Original Theory ◽  
The Past ◽  
Contemporary Politics ◽  
Do So

Other People’s Struggles is the first attempt in over forty years to explain the place of “conscience constituents” in social movements. Conscience constituents are people who participate in a movement but do not stand to benefit if it succeeds. Why do such people participate when they do not stand to benefit? Why are they sometimes present and sometimes absent in social movements? Why and when is their participation welcome to those who do stand to benefit, and why and when is it not? The work proposes an original theory to answer these questions, crossing discipline boundaries to draw on the findings of social psychology, philosophy, and normative political theory, in search of explanations of why people act altruistically and what it means to others when they do so. The theory is illustrated by examples from British history, including the antislavery movement, the women’s suffrage and liberation movements, labor and socialist movements, anticolonial movements, antipoverty movements, and movements for global justice. Other People’s Struggles also contributes to new debates concerning the rights and wrongs of “speaking for others.” Debates concerning the limits of solidarity—who can be an “ally” and on what terms—have become very topical in contemporary politics, especially in identity politics and in the new “populist” movements. The book provides a theoretical and empirical account of how these questions have been addressed in the past and how they might be framed today.

‘Higher then to her no bookes doe reach’

2018 ◽  
Author(s):  
Martha Vandrei
Keyword(s):  
Early Stage ◽  
Deep Understanding ◽  
Contemporary Philosophy ◽  
James I ◽  
Historical Method ◽  
The Past ◽  
Classical World ◽  
Material Evidence ◽  
Do So

This chapter and the following both draw the reader into seventeenth-century understandings of the past, and of Boudica in particular, and makes clear that in a time before disciplines, writers of ‘history’ were erudite commentators, immersed in political thought, the classical world, and contemporary ideas, as well as in drama, poetry, and the law. Chapter 1 shows the subtleties of Boudica’s place in history at this early stage by giving sustained attention to the work of Edmund Bolton (1574/5–c.1634), the first person to analyse the written and material evidence for Boudica’s deeds, and the last to do so in depth before the later nineteenth century. Bolton’s distaste for contemporary philosophy and his loyalty to James I were highly influential in determining the way the antiquary approached Boudica and her rebellion; but equally important was Bolton’s deep understanding of historical method and the strictures this placed on his interpretive latitude.

Support for the Americans With Disabilities Act Among Nondisabled People

2021 ◽  
pp. 104420732110231
Author(s):  
Carli Friedman ◽  
Laura VanPuymbrouck
Keyword(s):  
Civil Rights ◽  
Americans With Disabilities Act ◽  
A Priori ◽  
People With Disabilities ◽  
Secondary Data ◽  
The United States ◽  
Limited Participation ◽  
Persons With Disabilities ◽  
Research Questions ◽  
The Relationship

The Americans with Disabilities Act (ADA) opened the doors to access and enhanced the civil rights of people with disabilities. However, a lack of accessibility to all segments of society continues throughout the United States and is frequently described by people with disabilities as a leading cause for limited participation. Beliefs and attitudes regarding disability can affect critical decisions regarding inclusion and people with disabilities’ civil rights. Therefore, the purpose of this study was to explore support and opposition to the ADA among nondisabled people. We had the following research questions: (a) What is the relationship between disability prejudice and support for the ADA? and (b) When controlling for disability prejudice, what other factors lead people to support the ADA? To do so, we examined secondary data from approximately 13,000 participants from all 50 states and the District of Columbia. Findings from this study revealed that people who oppose the ADA are significantly more prejudiced toward people with disabilities than people who support the ADA. Understanding and becoming aware of attitudes and prejudice toward persons with disabilities can be a first step toward dispelling such beliefs and possibly a priori step to achieving the intent and spirit of the ADA.

The theater of memory: Direct speech in Palestinian oral history

2018 ◽  
Vol 13 (4) ◽  
pp. 633-648
Author(s):  
Kobi Peled
Keyword(s):  
Oral History ◽  
Striking Feature ◽  
Direct Speech ◽  
The Past ◽  
Theatrical Performance ◽  
Main Thing ◽  
Significant Figures ◽  
Arabic Speaking ◽  
Do So

A striking feature of Palestinian oral history projects is the extensive use that interviewees make of direct speech to communicate their memories—especially those born before the 1948 Arab–Israeli war. They do so irrespective of whether or not they participated in or actually heard the dialogues they wish to convey. This article seeks to characterize and explain this phenomenon. In the interviews conducted by the author—an Arabic-speaking Jew—as well as in other projects, this mode of speech is marked by ease of transition from character to character and between different points in time. It clearly gives pleasure to those engaged in the act of remembering, and it grades readily into a theatrical performance in which tone of speech and the quality of the acting become the main thing. This form of discourse sprang up from the soil of a rural oral culture and still flourishes as a prop for supporting memory, a vessel for collecting and disseminating stories, and a technique for expressing identification with significant figures from the past.

The Primacy of Politics

1951 ◽  
Vol 45 (1) ◽  
pp. 1-17 ◽  
Author(s):  
James K. Pollock
Keyword(s):  
Political Science ◽  
Presidential Address ◽  
Active Participation ◽  
Political Life ◽  
Full Time ◽  
Important Work ◽  
The Past ◽  
Generous Time ◽  
The Status ◽  
Do So

In presenting my valedictory to this distinguished Association which has honored me by selecting me as its President, I should like to point out by way of introduction what has happened to this office, and therefore to me, during the past year. I have heard of one of my distinguished predecessors some twenty-five years ago who had little else to do as President of this Association than work all year on his presidential address. This was important work and I have no word of criticism of it. But the Association has changed, and today it leaves to the harried wearer of its presidential toga little time to reflect about the status of political science and his own impact, if any, upon it. An active Association life, now happily centered in our new Washington office, is enough to occupy the full time of your President, and universities as well as this Association might well take note. Therefore, in presenting my own reflections to you this evening in accordance with the custom of our Association, I do so without the benefit of the generous time and scholarly leisure which were the privileges of some of my distinguished predecessors.Nevertheless I do base my presidential address today upon my own active participation in the problems of government, as well as upon my scholarly experience. I have extracted it in part from the dynamics of pulsating political life. It has whatever authority I may possess after having been exposed these twenty-five years to the cross-fire of politics, domestic and foreign, as well as to the benign and corrective influences of eager students and charitable colleagues.

Community-based health promotion programs for people with disabilities: Mapping the literature landscape

2009 ◽  
Vol 2 (1) ◽  
pp. e14-e15 ◽  
Author(s):  
Jana J. Peterson ◽  
Charles Drum ◽  
Gloria L. Krahn ◽  
Susan Wingenfeld ◽  
Tom W. Seekins
Keyword(s):  
Health Promotion ◽  
People With Disabilities ◽  
Community Based ◽  
Health Promotion Programs

International responses to weather modification

1975 ◽  
Vol 29 (3) ◽  
pp. 805-826 ◽  
Author(s):  
Edith Brown Weiss
Keyword(s):  
International Cooperation ◽  
New Technology ◽  
International Community ◽  
Weather Modification ◽  
Weather System ◽  
The Past ◽  
Time Horizons ◽  
Weather And Climate ◽  
Potential Problems ◽  
Do So

In the past few decades we have been improving our understanding of the weather system and exploring ways to modify it. Over sixty countries have experimented with modifying the weather. The new technology of weather and climate modification will raise important political problems which will demand new responses from the international community. Whether states will be able to establish the cooperative measures necessary to develop and manage new technology depends upon whether there are sufficient incentives to do so. This article analyzes the historical patterns of international cooperation in meteorology, and then plots against several time horizons projected developments and capabilities in weather modification technology and the potential problems emerging from using the technology. It derives a tentative picture of the responsibilities demanded, compares the likely responses with those needed, and assesses whether they will be adequate for the problems projected.

Sign in / Sign up

Export Citation Format

Share Document