Disability and the law Books

Book SynopsisLimited access to money is one of the most serious problems facing Americans with disabilities. The Federal Government spends large amounts on behalf of people with disabilities in terms of health care, education, vocational rehabilitation, transportation, housing, and in other areas, whether sources are direct, indirect, or community based. Yet, the knowledge base is small regarding the extent, costs, utilisation, or impact of these incentives, financial or otherwise, on the everyday lives of people with disabilities. This book defines and describes the financial incentives affecting people with disabilities and presents research findings in key areas of people''s lives, such as education and health care.

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Book SynopsisA memoir by a disability rights activist Such a Pretty Girl is Nadina LaSpina's story—from her early years in her native Sicily, where still a baby she contracts polio, a fact that makes her the object of well-meaning pity and the target of messages of hopelessness; to her adolescence and youth in America, spent almost entirely in hospitals, where she is tortured in the quest for a cure and made to feel that her body no longer belongs to her; to her rebellion and her activism in the disability rights movement. LaSpina’s personal growth parallels the movement’s political development—from coming together, organizing, and fighting against exclusion from public and social life, to the forging of a common identity, the blossoming of disability arts and culture, and the embracing of disability pride. While unique, the author's journey is also one with which many disabled people can identify. It is the journey to find one's place in an ableist world—a world not made for disabled people, where disability is only seen in negative terms. La Spina refutes all stereotypical narratives of disability. Through the telling of her life’s story, without editorializing, she shows the harm that the overwhelming focus on pity and on a cure that remains elusive has done to disabled people. Her story exposes the disability prejudice ingrained in our sociopolitical system and denounces the oppressive standards of normalcy in a society that devalues those who are different and denies them basic rights. Written as continuous narrative and in a subtle and intimate voice, Such a Pretty Girl is a memoir as captivating as a novel. It is one of the few disability memoirs to focus on activism, and one of the first by an immigrant.Trade Review"From pity to empowerment, a woman born with polio illuminates her personal changes in attitude and accomplishment amid sweeping societal changes in rights for the disabled. . . . ‘I was the luckiest woman in the world,’ insists the author in this revelatory and deeply moving memoir that clearly shows how and why she came to feel that way." -- STARRED Kirkus Review"In this insightful memoir, disability activist LaSpina effortlessly shares how her personal experiences led to her activism, creating a compelling story that is both instructive and moving. ... readers will encounter her successes and set-backs, both personal and political, and learn about the U.S. medical system and its treatment of individuals with disabilities. ... LaSpina's story of determination and hard-won independence is engaging, informative, and ultimately, inarguably, inspiring." -- STARRED Booklist"The author skillfully ties her personal experiences into a broader social and historical context … an empowering and feminist book. It shows an immigrant, writer, teacher, and activist’s perspective on pivotal moments in history. In an intimate way, Such a Pretty Girl shows how far disability rights have come in the past 70 years and touches on inequalities that still exist." -- Book Riot"From the first vivid chapter set in Sicily to her gutsy activism in the U.S., LaSpinas triumphant memoir of a richly lived life held me rapt." -- Alix Kates Shulman"A memoir fueled by passion and grounded in history. Nadina LaSpina’s beautifully written narrative reveals a conscientious citizen and an exuberant and vibrant woman. Such a Pretty Girl is ultimately a love story." -- Simi Linton, author of My Body Politic"A feminist, personal perspective on disability. One of the main themes is the author’s developing ability to claim and enjoy her own beauty and sexuality." -- Gillian Kendall, coauthor of How I Became a Human Being

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Book SynopsisBy five months of life, babies can raise their heads when in a supine position on the floor. This common and expected progression in controlling the head is just one example of early human motor development. Human motor performance is one of the fundamental aspects of the sensory-motor system. Many questions appeal to researchers in the field of movement science and other areas such as neuroscience, psychology, physiology, education, paediatrics, and geriatrics. For example, how do humans learn and control movements? This book follows the improvement of motor skills in childhood as a function of enriched experiences or maturation, as well as illustrating how developmental studies on motor performance increase our understanding of perceptual-motor skills.

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Book SynopsisThis book presents an overview of The National Longitudinal Transition Study-2 (NLTS2), funded by the National Center for Special Education Research, which provides a unique source of information to help in developing an understanding of the experiences of secondary school students with disabilities nationally as they go through their early adult years.

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Book SynopsisTitle I of the Ticket to Work Program, administered by the Social Security Administration, is a program to enhance work incentives for Social Security Disability Insurance and Supplemental Security Income beneficiaries. The goal of the Ticket program is to reduce dependence on disability benefits and help Social Security disability beneficiaries enter or reenter the workforce. This book provides an overview of how the Ticket to Work program operates with a focus on the background and legislative history of how the program evolved and its various components and regulations.

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Book SynopsisDespite a dark history marked by the eugenics movement, increasing numbers of people with disabilities are choosing to become parents. Recent research reveals that more than 4 million parents (six percent of American mothers and fathers) are disabled. This number will unquestionably increase as more people with disabilities exercise a broader range of lifestyle options as a result of social integration, civil rights, and new adaptive technologies. Likewise, there has been a dramatic increase in the number of veterans who are returning from war with service-connected disabilities, some of whom may already be parents and others who will enter parenthood after acquiring their disability. The right to parent without interference is protected by the U.S. Constitution and balanced by the judicially recognized power of the state to interfere to protect the well-being of its children. This book provides a comprehensive review of the barriers and facilitators people with diverse disabilities (including intellectual and developmental disabilities, psychiatric disabilities, sensory disabilities, and physical disabilities) experience when they are exercising their fundamental right to create and maintain families, with a focus on the persistent, systemic, and pervasive discrimination against parents with disabilities.

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Book SynopsisSince pain management became a speciality in its own right and following the tremendous breakthroughs made by several pioneer researchers, we have seen major developments in the field and a growing international interest represented at the many national conferences and the World Pain Congress and European Congress. But there is still much to do, as there are still groups under-represented in the research such as children, older adults and people with intellectual and developmental disabilities. Also, we do not have all the answers and pain is an area, where traditional medicine may well be complemented by the field of complementary and alternative therapies. In this book, we have gathered recent papers related to many aspects of pain and pain management and it is our hope that you will all benefit from the wisdom in the many research papers.

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Book SynopsisIncreasing numbers of people with autism and other developmental disabilities are being convicted of sex offences, resulting in draconian and public punishment. Yet even when evidence shows that people with these conditions often pose little threat to society, or lack a core understanding as to why their actions break the law, the "sex offender legal regime" doesn't allow any room to take the disability into account.This ground-breaking book offers a multi-disciplinary examination of how unjust sex offense laws trap vulnerable groups such as those with developmental disabilities. Drawing on research, empirical evidence and including case studies, experts from the fields of law, ethics, psychology and sociology explore what steps should be taken in order to ensure that laws are just and take into consideration factors such as the vulnerability of the perpetrators. Investigating the consequences caused by public hysteria over sex offenses, this book highlights the judicial failure to protect defendants with developmental disabilities in the context of the unjust and hyper-punishment of all those charged with sex offenses. Proposing a new way forward based on research and evidence-based sentencing for sex offenses, and elimination of the sex offender registry, this book offers an informed and compassionate view that is essential for all professionals working in this field.Trade ReviewWho doesn't want to protect kids from sexual violence? We all do! But our current sex offender laws are turning Americans with autism into pariahs when they don't - can't - understand our social cues and taboos. The result is harsh punishments that don't make children any safer, even as they decimate lives that were already heartbreakingly difficult. Kudos to Dubin and Horowitz for bringing light to one of the saddest and most infuriating issues facing our country. -- Lenore Skenazy, founder of the book, blog and movement Free-Range KidsAlthough this book's focus is on the lack of justice in the criminal justice system for those with disabilities such as autism, it's much more - a well-documented demonstration of the continuation of legislation and policies driven not by evidence and efficacy, but by fear, anger, revenge panic and politics. -- William C. Buhl, retired Circuit Judge and former District Judge and Prosecuting AttorneyAn intimate look at the social and sexual challenges of people with Autism Spectrum Disorders to an informed critique of child pornography prosecutions and the hyper-punishment of sex offenses. The resultant proposals are rational, just, and humane, not only for people with development disabilities but for all criminal defendants. -- Judith Levine, author of Harmful to Minors: The Perils of Protecting Children from SexIn the past, when the unthinkable happened and an individual within the autism spectrum was charged with sexually-related crimes, parents despaired, clinicians and advocates stood powerless, and a train wreck of destruction followed. No More. This book is now our most powerful weapon to counter a system too rigid to understand, too self-righteous to be just, and too unforgiving to consider scientific facts and clinical knowledge. -- Ami Klin PhD, Marcus Autism Center, Children’s Healthcare of Atlanta and Emory University School of MedicineThis text... represents a crucial exploration into the subject of working with offenders convicted of child pornography or sexual abuse charges. It differentiates itself by considering the perspectives of sexual offenders with a diagnosis of autism and other developmental disabilities and offers a fresh perspective upon current sex offending legislation in the USA... the book has value for probation staff and other professionals working with clients on the autism spectrum, by considering that specific service users with autism convicted of a sexual offence may require alternative interventions and support programmes to those typically offered to service users without additional needs. In doing so, the book highlights the diverse backgrounds of individuals identified as committing a sexual offence and supports the philosophy that treating everyone the same does not equate to true equality. -- Iain Dickie, Researcher, University of Cumbria * Probation Journal *Table of ContentsForeword by Alan Gershel, J.D., Former U.S. Attorney, Eastern District of Michigan, USA. Introduction. Mark Mahoney, J.D.. Introduction: Caught in the Web of the Criminal Justice System: Autism, Other Developmental Disabilities and Non-Contact Sex Offenses. Lawrence A. Dubin, Professor of Law, University of Detroit Mercy School of Law, USA and Emily Horowitz, Professor of Sociology and Criminal Justice, St. Francis College, Brooklyn, New York, USA. 1. A Father's Journey to Protect His Son: A Legal Perspective. Lawrence A. Dubin. 2. Child and Juvenile Pornography and ASD. Gary Mesibov, Licensed Psychologist, Professor Emeritus, University of North Carolina, USA. 3. Representing an Autism Spectrum Disorder Individual Charged with Possession of Internet Child Pornography: A Case Study. Kenneth M. Mogill, Criminal Defense Lawyer, Mogill, Posner & Cohen, USA. 4. Forensic Assessment of Individuals on the Autism Spectrum Charged with Child Pornography Violations. Dr Dennis P. Sugrue, Assistant Professor of Psychiatry, University of Michigan, USA. 5. Sex Offenses, Lies, and Politics: The Web of the Registry. Emily Horowitz. 6. Tilting at Windmills: The Misplaced War on Child Pornography Offenders. Mark H. Allenbaugh, Criminal Defense Lawyer, USA. 7. Egregious Flaws Discredit the Butner Redux Study: Effective Policies for Sentencing Federal Child Pornography Offenders Require Findings Based on Valid Research Principles. Richard Wollert, Mental Health, Law and Policy Institute, Simon Fraser University, Canada and Alexander Skelton, Department of Corrections, Wellington, New Zealand. 8. Accessors and Distributors of Child Pornography: Not Who You Think They Are. Fred S. Berlin, Sexual Behaviour and Consultations Unit, John Hopkins University, USA. 9. Collateral Damage of Sex Offender Management Policies for Individuals with Asperger's Syndrome and Their Family Members. Erin Comartin, Assistant Professor of Social Work, Wayne State University, USA. 10. An Alternative Universe: The Perspective of an Autistic Registrant. Nick Dubin, USA. 11. Navigating Judicial Responses for Those Caught in the Web. Catherine Carpenter, Professor of Law, Southwestern Law School, USA. 12. Asperger's Syndrome and Downloading Child Pornography: Why Criminal Punishment is Unjust and Ineffective. John Douard, Professor of Philosophy, University of New Jersey, USA and Pamela Schultz, Professor of Communication Studies, Department of Psychology and Communication, Alfred University, USA. Afterword. Tony Attwood.

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Book SynopsisStudies in Law, Politics, and Society provides a vehicle for the publication of scholarly articles within the broad parameters of interdisciplinary legal scholarship. In this latest edition of this highly successful research series, chapters examine a diverse range of legal issues and their impact on and intersections with society. This volume features a special section with papers dedicated to law and disability. The chapters examine issues of HIV, obesity, disability rights, assisted suicide and prenatal testing. Other papers included in this important volume address the right to education for migrant children in the United States and the rights to citizenship of British children. This volume brings together leading scholars and will be vital reading for all those researching in this subject area.Trade ReviewThree of this volume's five essays are from the Symposium on Law and Disability. They cover HIV/AIDS, obesity, and stigma: a new era for non-discrimination law; putting the "right to die" in its place: disability rights and physician-assisted suicide in the context of US end-of-life care; and prenatal testing and disability rights: challenging the "genetic suicide." The other topics are the extent to which Pyler v. Doe is an effective protection for the right to education for irregular migrant children in the contemporary US, and a brave new British citizenry: reconceptualizing children's acquisition of British citizenship. -- Annotation ©2018 * (protoview.com) *Table of Contents1. To What Extent is Pyler v. Doe an Effective Protection for the Right to Education for Irregular Migrant Children in Contemporary US?; Robbie Eyles 2. A Brave New British Citizenry? Reconceptualising the Acquisition of British Citizenship by Children; Devyani Prabhat and Jessica Hambly 3. Symposium on Law and Disability HIV/AIDS, Obesity and stigma: a new era for non-discrimination law?; Peter McTigue, Stuart W. Flint and Jeremé Snook 4. Putting the "Right to Die" in its Place: Disability Rights and Physician-Assisted Suicide in the Context of US End-of-Life Care; Harold Braswell 5. Prenatal Testing and Disability Rights: Challenging "Genetic Genocide"; Katharina Heyer

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Book SynopsisThis Research Handbook comes at an opportune time, and provides a comprehensive and wide-ranging exploration of relevant developments concerning disability rights at EU level. It also looks beyond the EU, focusing on how disability has been relevant in EU external relations. In addition, the Research Handbook considers the interface between EU disability law and Council of Europe law.Expert contributors address key questions related to the scope and impact of EU disability law, examining its compliance with the UN Convention on the Rights of Persons with Disabilities (CRPD) and the gaps that remain to be filled in implementation by the EU. Analysing the most important and recent developments in EU disability law, the chapters in this Research Handbook trace its evolution, and assess the extent to which disability rights are protected and promoted in various strands of EU law and policy. The chapters highlight the connections, overlaps and inconsistencies which exist across those strands.This thought-provoking Research Handbook will be a valuable resource for scholars; researchers and students of disability law, EU law and international law; as well as practitioners, policy makers, civil society organizations and European think tanks engaged with the fields of EU and international disability law.Trade Review'This volume represents an indispensable, well-written, and very in-depth tool for those who study the rights of people with disabilities, at European and international levels. It presents a comprehensive and accurate overview of the history and development of EU disability law, accompanied by specific insights on issues and rights, ranging from the freedom of movement of people with disabilities to the copyright law or consumer law and disability. This book has the merit of involving scholars and experts with different backgrounds, tracing an accurate map of disability law.' -- Elena Vivaldi, Sant'Anna School of Advanced Studies, Italy'This Handbook offers a truly comprehensive and insightful analysis of the diverse ways in which EU law affects people with disabilities. Its impressive breadth of vision means that this book will be an essential point of reference for all those who seek to understand better the interaction of law and disability in a European context. It explains the positive steps taken in recent years, but it reminds us of the long road to inclusion that remains to be travelled.' -- Mark Bell, Trinity College Dublin, Ireland'The Research Handbook on EU Disability Law, edited by Delia Ferri and Andrea Broderick, weaves critical human rights issues into a comprehensive, but remarkably crisp, chronicle of a modern disability rights project. This timely work is a roadmap for diverse stakeholders navigating the unprecedented challenges facing the EU disability agenda arising from the global health and economic emergency.' -- Peter Blanck, Syracuse University, USTable of ContentsContents: Preface xi 1 Introduction to the Research Handbook on EU Disability Law 1 Delia Ferri and Andrea Broderick PART I THE HISTORY OF EU DISABILITY LAW, ITS SCOPE AND INSTITUTIONAL ASPECTS 2 The EU disability strategy and the future of EU disability policy 12 Charles O’Mahony and Shivaun Quinlivan 3 Disability in the EU Charter of Fundamental Rights 29 Delia Ferri 4 Negotiation, ratification and implementation of the CRPD and its status in the EU legal order 52 Merijn Chamon 5 The EU framework for monitoring the CRPD 71 Alexander Hoefmans 6 Political participation of people with disabilities in the EU 89 Lisa Waddington and Andrea Broderick 7 EU citizenship and disability 105 Charles Edward O’Sullivan PART II DISABILITY RIGHTS IN EU LAW 8 Disability in EU non-discrimination law 121 Andrea Broderick and Philippa Watson 9 Disability in EU labour law beyond non-discrimination 146 Miet Vanhegen and Frank Hendrickx 10 Freedom of movement for persons with disabilities and coordination of social security within the EU 164 Anne Pieter van der Mei 11 Disability in EU transport legislation 182 Eliza Varney and Abigail Pearson 12 Disability in EU copyright law 201 Caterina Sganga 13 Accessibility of goods and services 221 Stelios Charitakis 14 Disability and standardization 243 David Hosking 15 Disability and EU public procurement 263 Christopher Bovis 16 Public services and disability 284 Juan Jorge Piernas López 17 State aid law and disability 301 Delia Ferri and Juan Jorge Piernas López 18 EU structural and investment funds and disability 321 Emma McEvoy 19 The rights of people with disabilities in EU consumer law 343 Federica Casarosa 20 Disability in EU asylum law 359 Carmine Conte PART III EXTERNAL DIMENSIONS 21 Disability in EU development cooperation 379 Tina Van den Sanden 22 Disability in EU trade and investment agreements 396 Sondra Faccio 23 The European Convention on Human Rights and Disability 414 Silvia Favalli 24 The European Social Charter and disability 431 Giuseppe Palmisano 25 Conclusion to the Research Handbook on EU Disability Law 448 Andrea Broderick and Delia Ferri Index 460

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Book SynopsisElgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world’s leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. Advanced Introduction to U.S. Disability Law provides a timely and accessible overview of disability law in the United States, focusing primarily on the Americans with Disabilities Act of 1990 (the ‘ADA’). Peter Blanck addresses the social and legislative history leading up to the development of the ADA; coverage and remedies under the ADA’s three main titles; some of the fundamental and recent cases informing the ADA’s interpretation; and current issues facing U.S. courts, law makers, and policy makers. Key Features: Provides an overview of Titles I-III of the ADA Discusses the enforcement of, and relief provided by, the ADA Analyses the impact of the Covid-19 pandemic on people with disabilities and on the ADA’s enforcement Highlights concerns as well as positive legal and social developments for people with disabilities Focuses on extensive changes in technology and the employment market since the enactment of the ADA This Advanced Introduction will be essential reading for students and scholars of disability law, discrimination law, health law, human rights, and law and society. It will also be beneficial for advocates for disability rights in public and private institutions, as well as researchers addressing disability issues.Trade Review‘Peter Blanck's Advanced Introduction to U.S. Disability Law is a comprehensive overview of the past, present, and future of American federal disability law and policy. Easily accessible, the volume draws on Blanck's decades of teaching, researching, and advocating disability rights from a broad interdisciplinary perspective. It is a valuable resource for anyone interested in the field.’ -- Michael Stein, Harvard University, US‘A must-read for scholars and activists around the world interested in US disability law and policy. It combines a helpful comprehensive overview with fascinating deeper dives into specific topical issues and current challenges. Its accessible writing style, as well as its important content, make it a highly engaging and thought-provoking read.’ -- Anna Lawson, University of Leeds, UK'Peter Blanck's Advanced Introduction to U.S. Disability Law is a comprehensive overview of the past, present, and future of American federal disability law and policy. Easily accessible, the volume draws on Blanck's decades of teaching, researching, and advocating disability rights from a broad interdisciplinary perspective. It is a valuable resource for anyone interested in the field.' -- Michael Stein, Harvard University, US‘A must-read for scholars and activists around the world interested in US disability law and policy. It combines a helpful comprehensive overview with fascinating deeper dives into specific topical issues and current challenges. Its accessible writing style, as well as its important content, make it a highly engaging and thought-provoking read.’ -- Anna Lawson, University of Leeds, UK‘A tour de force by one of the masters of American disability law. The field was an American invention and is now a global challenge. Anyone interested in its past - and especially its future - will find this an indispensable tool to build on the foundations of US law to create a more inclusive future for the estimated 1 billion persons with disabilities in the world.’ -- Gerard Quinn, UN Special Rapporteur on the rights of persons with disabilities‘Blanck’s work provides a comprehensive, yet easy to navigate, coverage of US disability law. It captures both the history of the law’s development and its forward trajectory.’ -- Michael Waterstone, Loyola Marymount University, USTable of ContentsContents: Foreword 1. Introduction to Advanced Introduction to U.S. Disability Law 2. U.S. sources of disability law: historical roots and precursor laws 3. Enforcement and relief under the ADA 4. An overview of the ADA 5. Title I antidiscrimination protections 6. Title II antidiscrimination protections 7. Title III antidiscrimination protections 8. ADA special topic: tester lawsuits and standing 9. ADA special topic: pandemic vaccine and mask mandates 10. ADA special topic: service animals as reasonable modifications/accommodations 11. International disability law and policy 12. Current challenges 13. Rights for people with disabilities evolve: looking forward Index

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Book SynopsisElgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world’s leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. Advanced Introduction to U.S. Disability Law provides a timely and accessible overview of disability law in the United States, focusing primarily on the Americans with Disabilities Act of 1990 (the ‘ADA’). Peter Blanck addresses the social and legislative history leading up to the development of the ADA; coverage and remedies under the ADA’s three main titles; some of the fundamental and recent cases informing the ADA’s interpretation; and current issues facing U.S. courts, law makers, and policy makers. Key Features: Provides an overview of Titles I-III of the ADA Discusses the enforcement of, and relief provided by, the ADA Analyses the impact of the Covid-19 pandemic on people with disabilities and on the ADA’s enforcement Highlights concerns as well as positive legal and social developments for people with disabilities Focuses on extensive changes in technology and the employment market since the enactment of the ADA This Advanced Introduction will be essential reading for students and scholars of disability law, discrimination law, health law, human rights, and law and society. It will also be beneficial for advocates for disability rights in public and private institutions, as well as researchers addressing disability issues.Trade Review‘Peter Blanck's Advanced Introduction to U.S. Disability Law is a comprehensive overview of the past, present, and future of American federal disability law and policy. Easily accessible, the volume draws on Blanck's decades of teaching, researching, and advocating disability rights from a broad interdisciplinary perspective. It is a valuable resource for anyone interested in the field.’ -- Michael Stein, Harvard University, US‘A must-read for scholars and activists around the world interested in US disability law and policy. It combines a helpful comprehensive overview with fascinating deeper dives into specific topical issues and current challenges. Its accessible writing style, as well as its important content, make it a highly engaging and thought-provoking read.’ -- Anna Lawson, University of Leeds, UK'Peter Blanck's Advanced Introduction to U.S. Disability Law is a comprehensive overview of the past, present, and future of American federal disability law and policy. Easily accessible, the volume draws on Blanck's decades of teaching, researching, and advocating disability rights from a broad interdisciplinary perspective. It is a valuable resource for anyone interested in the field.' -- Michael Stein, Harvard University, US‘A must-read for scholars and activists around the world interested in US disability law and policy. It combines a helpful comprehensive overview with fascinating deeper dives into specific topical issues and current challenges. Its accessible writing style, as well as its important content, make it a highly engaging and thought-provoking read.’ -- Anna Lawson, University of Leeds, UK‘A tour de force by one of the masters of American disability law. The field was an American invention and is now a global challenge. Anyone interested in its past - and especially its future - will find this an indispensable tool to build on the foundations of US law to create a more inclusive future for the estimated 1 billion persons with disabilities in the world.’ -- Gerard Quinn, UN Special Rapporteur on the rights of persons with disabilities‘Blanck’s work provides a comprehensive, yet easy to navigate, coverage of US disability law. It captures both the history of the law’s development and its forward trajectory.’ -- Michael Waterstone, Loyola Marymount University, USTable of ContentsContents: Foreword 1. Introduction to Advanced Introduction to U.S. Disability Law 2. U.S. sources of disability law: historical roots and precursor laws 3. Enforcement and relief under the ADA 4. An overview of the ADA 5. Title I antidiscrimination protections 6. Title II antidiscrimination protections 7. Title III antidiscrimination protections 8. ADA special topic: tester lawsuits and standing 9. ADA special topic: pandemic vaccine and mask mandates 10. ADA special topic: service animals as reasonable modifications/accommodations 11. International disability law and policy 12. Current challenges 13. Rights for people with disabilities evolve: looking forward Index

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Book Synopsis`Brain Injury and Returning to Employment attempts to give the professional a broad introduction to dealing with clients who have suffered a brain injury of some sort. Although aimed at a wide range of professionals, from careers guidance workers through to social workers, the focus of the book is always on how the injury incurred affects the person's ability to return to work…This book certainly provides the reader with a thorough introduction to this complex area. The information provided is detailed and holistic; never does Japp focus on just the physical implications of an injury. He sees the injury in the broadest sense how it affects the person emotionally and then how this impacts on their ability to work…It provides good practical advice: for example, when to pass to other professionals, such as occupational psychologists. There is also an excellent section on health and safety that takes the guidance worker through the items that would need thinking about when helping a person back to the working world.' - Newscheck`Japp has a talent for cutting straight through to the heart of a particular problem for a TBI client and for their case manager. He helps us to understand the problem and offers practical suggestions…He describes the importance of introducing appropriate strategies to overcome potential difficulties. This is where Japp admirably fills the gap between the assessment and the practice. It is in this respect that Japp's book is so exceptional. He takes a factor such as concentration - a problem which the practitioner invariably encounters in cases of TBI - and he helps to unpick some of the difficulties in understanding its effects and how to help a client…Japp goes on with many valuable suggestions about working with employers. He remains positive and encouraging to the client and the practitioner throughout…It is especially gratifying to find such an exceptional book in the British canon of brain injury vocational rehab where the market has tended to be dominated for so long by American studies.' - Rehabilitation Network (www.rehabilitation-network.org)`This is thought to be the first ever guide on how healthcare and professionals from other sectors can support people with acquired brain injury to return to employment…In this publication, Japp offers effective occupational techniques to address impaired memory, attention and cognitive functions, the difficulties people have with planning and organising themselves, and speech and communication difficulties. He also deals with the environmental, emotional, physical and psychological barriers to work re-integration. This should be of use not only to healthcare professionals, but also to professionals in social care, careers and training settings in general.' - Care and Health MagazineThe multi-disability nature of acquired brain injury and its complex effects make the return to employment particularly problematic. Brain Injury and Returning to Employment provides a clear overview of the cognitive and psychological difficulties associated with brain injury and discusses how people affected by it can prepare for and remain in employment.The author offers effective occupational techniques to address impaired memory, attention and executive functions, and difficulties with organisation and planning skills, as well as the speech impairments commonly associated with acquired brain injury. He also examines the environmental, emotional, physical and psychological barriers to work reintegration and offers a range of solutions to these problems, including mentoring relationships with colleagues.This book will be essential reading for professionals working with brain-injured individuals in the fields of psychology, occupational therapy, employment advisory services and human resources.Trade ReviewAlthough written for practitioners working with people with brain injury, this book provides excellent reading for a wider readership. For the specialist and non-specialist professional, and service user alike, this book offers a concise, lucid and accessible account of the nature of brain injury and the challenges to consider when planning a return to employment… I would have no hesitation in suggesting that those new to this area should read the first three chapters of this book: Neurological Impairment; The Broader Picture, Acquired Brain (Head) Injury; and Brain Injury Problems.' The remaining chapters, including very informative studies, provide a comprehensive and very useful checklist for practitioners involved with brain injury and rehabilitation. Overall a superb book with a bonus added at the end – the glossary of terms which give sound and comprehensible definitions. -- Community CareTable of ContentsPreface. 1. Introduction. 2. Neurological impairment: the broader picture. 3. Acquired brain (head) injury. 4. Brain injury problems. 5. Vocational assessment. 6. Vocational rehabilitation. 7. Enhancing brain functioning. 8. Occupational techniques. 9. Workplace reintegration. 10. Case Studies. Postscript. Reducing Risk. Common terms associated with brain injury. Bibliography. Further reading. Index.

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Book SynopsisChildren and young people with complex mental health needs are increasingly being cared for within specialist mental health care settings, either in the community or in in-patient facilities. With rapid social developments, it can be difficult for carers and practitioners to keep track of the law in this area.This book provides a guide to the law relating to mental health care for children and young people, their rights and entitlement to service, and discusses important issues in clinical and social care practice such as parental responsibility, Gillick competency and capacity, emergency intervention and detention, assessment of mental illness and confidentiality in practice. A chapter written by Mary Mitchell considers the diagnosis and management of complex mental illness in young people, and a concluding chapter discusses changes in the law.Jargon-free and accessibly written, this is an invaluable guide for professionals working in child and adolescent health and social care, social workers, youth workers, social welfare policy makers, medical professionals, teachers, educational professionals and students, as well as advocates for children and young people.Trade ReviewThe text is most useful for colleagues working in child and adolescent health or social care but some content is pertinent to educational psychologists. However, the text as a whole can help educational psychologists to understand the complexity of legislation affecting the practice of colleagues encountered at case conferences and in the course of multi-agency working. -- British Psychological Society, DebateAnthony Harbour's Children with Mental Disorder and the Law is a welcome addition to this field, not least due to its accessible writing style, which will appeal to practitioners and students alike... Clearly written by the contributors, there are a number of strengths to this book: it is logical in its design and structure; it is insightful and informative and provides a coherent lucidity to a complex area... This book can be highly recommended as a thorough guide and valuable contribution to this particular area of the law. -- Youth JusticeAnthony Harbour is a solicitor and an experienced trainer of child and adolescent psychiatrists, and health and social service professionals. He writes in a clear, straightforward way, unburdened by laborious legalese. The book is a safe, reliable resource at times of need. -- Mental Health TodayThis is a really useful book for anyone wanting to know more about the law in relation to children's mental health. It is authoritative, but still easy to read. The layout is clear and allows the reader to dip in and out to find references to the information that is relevant to them. -- Children and Young People NowFull of important must have information if you work with children and young people. -- Professional Social WorkTable of ContentsPreface. Part One: The Law. 1. Human Rights. 2. The Children Act. 3. Secure Accommodation. 4. The Mental Health Act - Professionals, Relatives, Safeguards and Mental Disorder. 5. The Mental Health Act - Assessment, Detention, Treatment, Discharge and Other Orders. 6. Criminal Justice. 7. The Mental Capacity Act 2005. 8. Service Provision and Entitlement. Part Two: Practice Issues. 9. The Role and Function of the ASW. Wendy Whitaker, Approved Social Worker and Senior Practitioner, Gerald Russell Eating Disorders Unit, South London and Maudsley NHS Trust, UK. 10. The Diagnosis and Management of Complex Mental Illness. Dr Mary Mitchell, Consultant Child Psychiatrist, Leigh House Adolescent Hospital, Winchester, UK. Part Three: Problem Areas. 11. Confidentiality. 12. Young People, Consent, Refusal and Psychiatric Treatrment. Appendix 1: Further Reading. Appendix 2: Extracts from LAC (99)29. Appendix 3: MCA Code of Practice Chapter. Appendix 4. MHA Code of Practice Chapter. References. Index.

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Book SynopsisThis fourth edition of Community Care Practice and the Law has been fully updated to reflect the rapid and continuing legal, policy and practice changes affecting community care. It provides comprehensive and jargon-free explanations of community care legislation, as well as other areas of law directly relevant to practitioners, including the NHS, disabled facilities grants and housing adaptations, asylum and immigration, mental capacity, human rights, disability discrimination, health and safety at work and negligence – and a range of legal provisions relevant to the protection and safeguarding of adults.Apart from the burgeoning legal case law and ombudsman investigations, changes from the last edition include coverage of the Mental Capacity Act 2005, legal implications of 'self directed care' and 'individual budgets', changes to direct payments and 'ordinary residence' determinations. In particular, new guidance applies to the high profile issue of NHS continuing health care.The book is an essential guide for practitioners and managers in both the statutory and voluntary sectors, policy makers in local authorities and the NHS, advocates, lawyers and social work students.Trade ReviewOf particular interest to readers with an interest in dementia is the new section in this edition examining the Mental Capacity Act 2005. This is thoughtfully written with good case vignettes, complemented with concise definitions and clear explanations of powers and roles. Overall the volume succeeds in being both an introduction and solid reference to guide practice in a very wide range of scenarios. J would recommend this as a reference text for policy makers of Iocal authorities and NHS, but also for those who deal with complex issues in the community both in the social work and the NHS. -- Dementia Journala thorough guide for practitioners in different fields, providing jargon-free, comprehensive explanations for the most updated and relevant legal issues in community care... This book would be a useful addition to the libraries of health and social care professionals, both in universities and local practices where community care has been, or is being, developed. -- PhysiotherapyOffering a comprehensive account of current community care law and policy, the book operates as a useful reference tool, whether the reader is looking, for example, for details on direct payments or mental capacity. Topics can be located both via the contents page and the index. It is a particularly useful tool for agencies, managers, practitioners, and students of health and social care. -- Journal of Social Welfare & Family LawThis book is written well - this is no dry, dusty, legal read. Case law, tribunal and Ombudsman decisions have all been updated, and many are described in detail. Mandelstam summarises complex cases succinctly, explains legislation, case law and tribunal decisions, and doesn't shrink from incisive comment on the impact on vulnerable people of resource starvation and "labyrinthine" rules and regulations in social care. Practitioners, managers and agency lawyers should all have a copy of this edition on their desks. Students, too, will find it as good a guide to community care, as well as the law, as many standards texts. -- Professional Social WorkThe overwhelming impression is that of accessibility - you can easily find the relevant law, case examples and challenges. -- Journal of Community NursingFor a bang-up-to-date reference book on everything relating to social care and the law,get the 4th Edition of Community Care Practice and the Law. -- Caring TimesThis book is an excellent resource for all physiotherapists, from policy developers to students. -- Journal of PhysiotherapyThe third edition has been substantially reworked from the previous edition essential reading for practitioners, managers and students who need a practical guide to the law as it applies to community care practice, it is an ideal book to dip into and is easy to navigate. -- British Journal of Occupational TherapyThis book is set out coherently and with clear cross referencing. Mandelstam achieves the difficult task of providing an adequate description of legal issues with detailed analysis and thorough application; this is to his credit. It will appeal to and should be considered an essential text reference for specialist practitioners and managers in health and social care. -- Journal of Community NursingMichael Mandelstam's book is superb, the more you look at it, the more you will find it of relevance. Care home providers and managers need to know and understand the law, especially when dealing with local authorities and other outside bodies such as Commission for Social Care Inspection. I've put this book to the test and it comes through with flying colours. -- Caring TimesCommunity Care Practice and the Law proves itself to be comprehensive and monumentally authoritative. -- Mental Health PracticeTable of ContentsPart I. Introduction, overview, underlying themes, remedies. 1.Introduction. 2. Overview of community care. 3. Underlying themes. 4. Non-judicial remedies. 5. Judicial remedies. Part II. Social services assessment and provision of services. 6. Social services assessment: referral and eligibility. 7. Reassessing, withdrawing services and waiting. 8. Care plans and provision of services. 9. Residential accommodation. 10. Charging for residential accommodation. 11. Non-residential services. 12. Charging for non-residential services. 13. Direct payments, carers, families with children in need, etc. 14. Asylum seekers and other people subject to immigration control. 15. Residence and eligibility for services. Part III. Housing, home adaptations and the NHS. 16. Housing and home adaptations. 17. National Health Service provision. 18. NHS continuing health care. 19. Joint working between local authorities and the NHS. Part IV. Decision-making capacity, safeguarding adults. 20. Mental capacity. 21. Protecting and safeguarding vulnerable adults. References. Index.

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Book SynopsisThe protection of vulnerable adults is a fast emerging area of work for local authorities, the NHS and other agencies. Safeguarding Vulnerable Adults and the Law, sets this within a comprehensive legal framework. The relevant law and guidance is extensive. It includes Department of Health guidance (No Secrets), human rights, the regulation of health and social care providers, the barring of carers from working with vulnerable adults, care standards tribunal cases, mental capacity, undue influence, assault, battery, wilful neglect, ill treatment, manslaughter, murder, theft, fraud, sexual offences, data protection and the sharing of information. The book focuses on how these areas of law apply to vulnerable adults, and brings together an extensive body of case law to illustrate this. Also covered is how local authorities and the NHS may themselves be implicated in the harm - through abuse, neglect or omission - suffered by vulnerable adults. For example, in terms of the gross lapses in standards of care, infection control, nutrition and basic dignity sometimes to be found in hospitals.All those working in community care, adult social work, health care and housing will find this book invaluable. Local authorities, the NHS, voluntary organisations and students will find this to be essential reading.Trade ReviewThe safeguarding of vulnerable adults is a major area of work for protection and enforcement agencies, yet this is the first book to address the legal framework of such efforts. Particular emphasis is put upon issues concerning vulnerable adults harmed by abuse, neglect or omission. Case histories blend with community insights, as well as social and financial harm analysis, in a detailed, in-depth guide. -- The Midwest Book ReviewCase law, careful analysis and sound practice. This is an essential reference for all care home providers and home care agencies. -- Caring TimesTable of ContentsContents: Chapter 1. Introduction. Chapter 2. Background: policy, definition and prevalence. Chapter 3. Local authority social services. Chapter 4. National Health Service legislation. Chapter 5. Regulation of care provision for vulnerable adults. Chapter 6. Mental capacity. Chapter 7. National Assistance Act, environmental health, Mental Health Act and other interventions. Chapter 8. Physical and sexual harm and abuse. Chapter 9. Financial abuse Chapter 10. Disclosure of personal information and confidentiality. Chapter 11. Adult protection: procedural aspects. References. Index.

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Book SynopsisThis short guide cuts through the confusing mass of legislation to provide a concise and jargon-free explanation of current community care practice and the law.In clear and simple language, it explains the legislation directly relevant to practitioners, including: rules about how people in need get an assessment from local authorities; the assessment of need itself; eligibility for actually getting a service (and the "fair access to care" policy); charging for services; ordinary residence; topping up of care home fees; assessing informal carers; and the rules about asylum seekers. It provides an overview and analysis of high profile issues such as direct payments, personal budgets and the policy of personalisation and National Health Service provision, including the vexed issue of NHS continuing health care. It also highlights the duties placed on local authorities and the NHS, the various tensions underlying community care, and the consequent shortcuts - both lawful and unlawful - that local authorities and the NHS feel obliged to take. Quick Guide to Community Care Practice and the Law is an essential resource for busy practitioners at all levels as well as managers in both the statutory and voluntary sectors, policy-makers in local authorities and the NHS, advocates, lawyers and social work students.Trade ReviewWeaving thorough the complexities of health and social care provision - particularly funding - is a path that many community nurses and social workers will be familiar with. This book, although brief, sets out the key issues in Mandelstam's succinct, clear and robust style. By his own admission, it cannot cover everything but it does make an admirable attempt to clarify key topics such as continuing care through to asylum and immigration. -- Journal of Community NursingTable of Contents1. Introduction. 2. How Community Care Law and Practice Works. 3. When Things Go Wrong. 4. Getting a Community Care Assessment and Getting Services. 5. Community Care Services: Care Homes. 6. Community Care Services: Help in People's Own Homes. 7. Informal Carers. 8. Direct Payments: Giving People Money. 9. Personalisation and Safeguarding. 10. Asylum and Immigration. 11. Ordinary Residence. 12. Home Adaptations. 13. National Health Service. 14. Continuing NHS Health Care. 15. Mental Capacity, Human Rights, Disability Discrimination. 16. Health and Safety at Work Legislation, and the Law of Negligence. Index.

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Book SynopsisChild Protection and Parents with a Learning Disability provides the practical knowledge that professionals need in order to understand common intellectual disabilities and how they might affect parenting capability. It presents clear guidance on how to carry out effective assessments and explains how interventions might differ when working with parents who have a learning disability. It covers a broad spectrum of disabilities, including borderline conditions and Autism Spectrum Disorder. The book also explores a number of emotional and mental health issues that can occur alongside learning disabilities, such as ADHD, anxiety, depression, and attachment disorders, to show how they should be understood in the context of cognitive abilities and the parenting role. Empowering practitioners to make informed decisions about children's welfare, this is a must-have guide for all professionals working with families where a parent is affected by a learning disability.Trade ReviewPenny Morgan's book provides a detailed insight into the lives of parents with learning disabilities, borderline learning disabilities, mental health support needs and autism. It clearly describes these groups of parents' vulnerability, individuality and the complexity of their situations, while also providing workers with an understanding of the types of issues that these parents may well face. A wide range of strategies that workers can use to make their practice more effective and enabling are provided. This book should be read by the wide range of practitioners, including frontline parenting support workers and health professionals as well as child protection professionals, who work with parents so that services are able to respond to the needs of these vulnerable groups of parents. -- Beth Tarleton, Norah Fry Research CentreAn invaluable guide for social workers working with learning disabled parents in the child protection context, providing an in depth analysis as to how learning disability can affect parenting and how best to engage with and find the right support for the client. The book is full of practical tips on how to make learning a positive and non-threatening experience, and how to plan and deliver an appropriate assessment. It also provides a very useful reference tool for the family lawyer tasked with considering whether their client has been assessed fairly and sensitively and given an opportunity to change within an informed and 'managed' framework. -- Abigail Bond, Barrister at St John’s Chambers and Author of 'Care Proceedings and Learning Disabled Parents'Table of ContentsChapter 1: Introduction. Chapter 2: Mild learning disability and how it affects parenting. Chapter 3: Borderline learning disability and parenting. Chapter 4: Mental health and learning disabilities. Chapter 5: Autistic spectrum disorder. Chapter 6: Parenting, emotions and attachment. Chapter 7: The assessment process. Chapter 8: Working with families. Chapter 9: Conclusions.

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Book SynopsisThe purpose of special needs planning is to create the best possible life for an adult with a disability. This book provides comprehensive guidance on creating a life plan to transition a special needs child to independence or to ensure they are well cared for in the future.Beginning with a vision of a meaningful life for the child, Hal Wright explains how to form a practical plan to reach these goals, how to mentor personal empowerment and task skills, and how to create circles of support to sustain a life plan. He next looks at employment and residential options, and government programs available in the United States. Finally he talks the reader through important financial and legal considerations, including how to fund and manage a special needs trust.This book will be essential reading for all parents or guardians of a child with a cognitive, mental or physical impairment. It will also be of interest to attorneys, financial planners, insurance agents, trust officers and other professionals looking to better serve the special needs community.Trade ReviewAny parent of a child with physical or mental impairments needs this specific resource on how to create a unique person-centered life plan, keeping in mind the unique requirements of the individual. -- Midwest Book ReviewAuthor Wright, a former certified financial planner (CFP) has filled a very definite need in this comprehensive, thought-provoking guide to "life planning" for the adult child with special needs....There is a plethora of information for parents of a preschool and/or school-aged special needs child, but there is a definite dearth of information about planning for the adult child, making this book both needed and valuable. Verdict: An essential for parents of special needs children, educators, medical and legal professionals, insurance agents, financial planners, and others interested in the special needs community. -- Library Journal, starred reviewFinally someone has created a much-needed resource to help families, caregivers, and anyone else navigate the maze of special needs planning. This book is an invaluable resource in showing how to create a person-centered life plan that focuses on an individual's abilities, not his or her disability. Hal Wright has done the nearly impossible and created a comprehensive guidebook that crosses several disciplines to build a roadmap for special needs life planning. I particularly like the practical checklists that follow every section making the process of life planning achievable for everyone regardless of resources or family situation. -- from the foreword by James Faber, President of The National Down Syndrome CongressHal Wright successfully tackles a daunting subject - helping parents of children with disabilities prepare for their futures. It's obvious that Hal is passionate about serving and enriching the lives of those within the special needs community. Illustrative and practical, this guide is imperative reading for families and professionals who are driven to make a difference. Well done, Hal! -- Peter J Wall, Vice President and Trust Officer, Colorado State Bank and TrustThe transition into adult life for an individual with a disability and his or her family is often incredibly stressful and overwhelming. Hal's book provides real answers to real questions for real people. It is comprehensive in its approach. I anticipate that it will not only help families create a plan that works for their unique set of dreams and needs, but will also provide families with a sense of hope in a beautiful future. -- Julie Dani, MS Education, Special Education ConsultantParents of children with special needs and their advisors will return again and again to The Complete Guide to Creating a Special Needs Life Plan when sorting through the maze of thorny issues they face. Hal Wright weaves together diverse and inherently complex areas of planning with the expertise of an experienced practitioner and the compassion of a loving dad. -- Hartley Goldstone, JD, co-author of TrustWorthy: New Angles on Trusts from Beneficiaries and TrusteesThis book accomplishes what it sets out to do in the title; that is, it offers a complete overview of how to create a life plan for a child with special needs. This comprehensive book offers a plan for the maze of life that families of children with disabilities travel through. Specific and well-written information on challenging issues such as finances (including advice on Special Needs Trusts and Supplemental Security Income), insurance, guardianship, and estate planning provides excellent guidance for these families. -- Fran Hickey, MD, Director of the Sie Center for Down Syndrome, Children's Hospital ColoradoHal's book is the most comprehensive, easy-to-read book on living with and helping those with disabilities that I have ever read or imagined. It's a book you can read from cover to cover (and should) as well as a resource you can go back to as needed. It answers every question I can think of and so much more. It's a resource for those just starting their journey and those already well on their way. Highly recommended! -- Ally Bailey, parent of a daughter with an intellectual disabilityThis book is at the top of my list for families and professionals that are touched by someone with special needs. As an attorney with over 30 years' experience, my practice focuses on elder law and special needs planning. Hal provides advice that is practical, comprehensive, and easy to understand. I give The Complete Guide to Creating a Special Needs Life Plan my highest recommendation and applaud Hal for his insight and mastery of a multifaceted subject. -- Bradley J. Frigon, JD, LLM, CELA (Certified Elder Law Attorney), CAP (Council of Advance Practitioners)Table of ContentsAcknowledgements. Preface. Introduction: What is “Special Needs” Planning? Part 1: Life Planning: Your Child's Place in the Community. 1. Start with a Life Plan Chapter. 2. Create the Circles of Support. 3. Life Skills are the Foundation for Independence. 4. Write a Letter of Intent. A Checklist of Life Planning Actions. The Case Studies: Life Plans. Part 2: Resource Planning: Making It Possible. 5. Identify the Services to Meet Special Needs. 6: A Job One Can Be Proud Of. 7. A Home of One's Own. 8. Understand the Basics of Social Security and Medicare. 9. Understand the Basics of Supplemental Security Income and Medicaid. 10. Understand State-Provided Services for Adults with Disabilities. A Checklist of Resource Planning Actions. Case Studies: Resource Plans. Part 3: Financial Planning: Paying for the Resources. 11. Develop a Special Needs Financial Plan. 12. Estimate Lifetime Financial Support. 13. Plan for Funding and Managing a Special Needs Trust. 14. Maintain an Insurance Safety Net. 15. Efficiently Manage Income, Trust and Estate Taxes. 16. Update Your Financial Records to Implement Your Estate Plan. A Checklist of Financial Planning Actions. Case Studies: Financial Plans. Part 4: Legal Planning: Protecting Your Vision and Your Child. 17. Establish a Comprehensive Estate Plan. 18. Prepare the Appropriate Legal Documents. 19. Establish a Special Needs Trust. 20. Obtain Guardianship or Implement Alternative Protections. A Checklist of Estate Planning Actions. Case Studies: Legal Plans. Part 5: Special Circumstances. 21. Divorce and the Special Needs Child. 22. Denial of Eligibility for Government Benefits. 23. Marriage: Considerations for People with Disabilities. 24. Twelve Things to Remember. List of Acronyms. Definitions of Important Terms. References and Further Reading. Index.

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Book SynopsisThis comprehensive book explains the provision, both law and practice, of equipment and home adaptations to assist older or disabled people in daily living. Characterised by ill-defined statutory responsibilities and terminology, and an under-developed consumer retail market, the system of provision has long been recognised as chaotic and confusing for professionals and public alike. This is despite the fact that equipment and adaptations are meant to be a central plank of community care.Necessarily wide-ranging but maintaining its focus, the book aims critically to describe the system and thereby promote better practice. By exploring boundaries and breaking points of the system, it will also assist people to understand the law when things go wrong - from negligence to judicial review, and from contract to product safety legislation. Providing both overviews and extensive details, and so capable of use on various levels, the book will be indispensable to managers and practitioners in statutory services (social services, the NHS, housing, education and employment), advice agencies, voluntary organisations, manufacturers and suppliers, educational institutions, and lawyers.The range of items covered is great, from alarms to artificial limbs, baths to bedrooms, chopping boards to crutches, electronic toothbrushes to environmental controls, hearing aids to hoists, incontinence pads to ironing equipment, rails to ramps, speech aids to stairlifts, and walking frames to wheelchairs.Part I summarises provision and picks out main themes - including conflicts, contradictions and anxieties - emerging from a complex web of legislation, common law, guidance, everyday practices, complaints procedures, ombudsmen, formal legal remedies, broader welfare and consumer issues, and interaction of the public, private and voluntary sectors. It is pointed out that the rationing and fragmentation of welfare services, proliferation of community care legislation and guidance, and implementation of European Community Directives have merely added to the complexity.Part II explains systematically and in detail how, and on what legal basis, equipment and adaptations are provided by statutory services for people's social care, health care, housing, education and employment needs. Also covered is provision for people in residential and nursing homes.Spanning disparate areas of law, Part III illustrates what happens when things go wrong - outlining the law of negligence, and contractual issues arising about price, quality and `fitness of purpose' when people buy their own equipment. It discusses increasingly prominent European Community Directives and UK Regulations which impose legal liability in relation to defective products, lifting and handling, medical devices and general product safety. Both judicial review by the law courts and investigations by the ombudsmen are described, crucial remedies when people challenge - or statutory services defend - assessments, service delivery and rationing.Finally, Part IV lists, A-Z, equipment types from Air beds to Writing equipment, detailing what they are, how they are provided and by whom.Trade ReviewMichael Mandelstam, in his book Equipment for Older or Disabled People and the Law, aims to help people understand the law when problems loom, "by exploring boundaries and breaking points - from negligence to judicial review and from contract to product safety legislation". -- Therapy WeeklyMichael Mandelstam has written an extremely well researched and, generally, very readable book on a previously ignored area of law... whilst Mandelstam does offer a capable legal exposition, he manages to do so without compromising clarity or academic integrity. Mandelstam adopts a uniform approach to the beginning of each chapter by providing summary information under the heads of:"coverage", "key points" and "questions people ask". Students, in particular, should find this format aids the comprehension and revision process and it is this readership that I would particularly like to see utilising this valuable resource... Mandelstam's explanation of the law relating to negligence, product safety, contracts and judicial review of statutory services, provides an insightful introduction to some potentially complicated principles, without becoming either trite or overly complex... Equipment for Older or Disabled People and the Law provides a detailed and well-informed critique of current provision... I particularly commend this book to the ministers who will seek to implement a new agenda for Britain, an agenda in which disabled people demand to be included. -- Disability and SocietyThe author manages competently the awesome task of explaining legal concepts within an easily accessible format... From the occupational therapists' viewpoint, the book is indispensable for clarifying work in the assessment, recommendation and provision of equipment at a time when complaints and litigation are on the increase. -- British Journal of Occupational Therapya fascinating book to read and a useful, daily reference guide. -- Journal of Social Work PracticeThis is a book that every manager should read and consider. It is essential for all occupational therapists who are involved in teaching manual handling to others. Back care advisers may be familiar with some of the cases, but this text provides a comprehensive summary of the case law on manual handling issues and should be at their right hand when drafting policies and procedures that comply with the regulations. -- The British Journal of Occupational TherapyTable of ContentsPART I: 1. Introduction 2. Main themes of the book 3. Overview of provision of equipment in practice. 4. Equipment and awareness of the law. 5. When things go wrong. 6. What statutory services and their staff can and can't do. PART II: 7. Provision of equipment by social services departments. 8. Provision of equipment by the NHS. 9. Provision of equipment in residential and nursing homes. 10. Provision of home adaptations by housing authorities and social services departments. 11. Provision of equipment for pupils and students with special educational needs. 12. Provision of equipment and adaptations for work. 13. War pensioners: provision of equipment and adaptations. PART III: 14. Negligence. 15. Product liability, safety and legislative requirements. 16. Buying equipment and making contracts 17. Challenging the decisions of statutory services about equipment provision: judicial review. 18. Breach of duties in relation to equipment: criminal and civil liability. PART IV: AZ List of types of equipment and its availability through statutory services.

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Book SynopsisThe book contains a range of important messages in highlighting some of the complexities involved in the adaptation of housing for disabled people. The book is also progressive in calling for user-centred approaches in the development and delivery of social and welfare services. The book will be best used as a source of information (by professionals) and will be of particular use on training courses for occupational therapists in raising their awareness of methods and mechanisms of assessing the housing needs of disabled people. The structure of each chapter will, in part, help to do this given that they provide useful bibliographies and information about follow-up contacts and addresses, and a wealth of information about relevant statutes, legislation, practices and organisations.'- Disability & Society'The book is full of examples, which bring life and clarity to the subject matter and help relate theory to practice. It also provides intersting snapshots of innovative practice going on across the UK, which are both reassuring professionally and a good source of ideas for those involved in service development. It draws together much disparate information which any therapist working in this field needs to have at his or her fingertips. It is good to see a book on housing that looks beyond door widths and ramp gradients to issues that are much more fundamental to providing a well-informed and proactive service.'- British Journal of Occupational TherapyWhen a person with a disability seeks to live at home in the community but is blocked by the limitations of the building, adaptations or rehousing can provide an enhanced quality of life. This book describes the processes involved in rehousing or adapting existing accomodation, identifying the professionals who may contribute and highlighting the role of the occupational therapist. It focuses on:- innovative ways of working out solutions to problems- user-centred services - how users can be informed and empowered- multi-disciplinary co-operation to overcome problems- principles of good practice in adapting existing property- effective planning of a new housing project, from choosing the site to completion- improving housing stock through government legislation and local planning department practices- the key role of occupational therapists in successful community care.The book will be of interest and practical use not only to occupational therapists but also to a range of other professionals, including access and planning officers, architects, environmental health officers and social workers.Table of ContentsPreface, Baroness Masham. 1. The Legislative and Policy Context, Ruth Bull, London Borough of Redbridge, and Veronica J. Watts, College of Occupational Therapists Specialist Section in Housing. 2. Making the Most of an Occupational Therapist's Skills in Housing for People with Disabilities, Ruth Bull, Disability Community Care, London Borough of Redbridge. 3. The Adaptation Process, Ian Bradford, Community Care Advisor, Care and Repair. 4. Ways of Obtaining Appropriate Adapted Housing, Jackie Parsons, Sheffield Disability Housing Service. 5. Regulations, Standards, Design Guides and Plans, Trevor Dodd, Greenwich Council. 6. New Build Developments, Madeleine Middle, Walbrook Housing Association Ltd, Derby. 7. Living Independently, Veronica Watts, College of Occupational Therapists Specialist Section in Housing, and Christine Galbraith, Lewisham Community Team. 8. Specific Areas of Work, Research or Investigation, Jan Jensen, Kent Occupational Therapy Bureau, Jenni Mace, London Borough of Tower Hamlets, Zeenat Meghani-Wise, freelance, Brenda Parkes, Suffolk County Council, and Jeremy Porteous, RNIB Housing Service. The Contributors. Index.

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Book SynopsisMark Priestley addresses the relationship between the politics of disability and community care policies. Guided by his direct work with representatives of the disabled people's movement, he argues that although the ideas behind social policy and practice have started to reflect values such as participation, integration and equality, the current policy and its implementation often undermine those goals. `Community care' still contributes to the view of disabled people as dependent and different, thus reinforcing their social exclusion and marginalisation.Disability Politics and Community Care encourages health and welfare professionals and policy makers to start working much more closely with disabled people themselves. Priestley argues that involving disabled people in the design and production of their own welfare will break down the disabling boundary between service `provider' and `user' and will result in the reality of integrated living. He presents practical suggestions for the changes necessary for the proposed reorganisation of service provision which will re-define direct work with disabled people.Trade ReviewThis is an important book for those engaged in the delivery or study of welfare. Priestley's study confirms many others which have attempted to examine the impact of individual model approaches to the delivery of `care' services, and his analysis of the importance of the disabled people's movement to redefining the role of welfare is a strong and welcome addition to the growing body of literature in this field. He started the study by putting the research agenda clearly within the hands of disabled people and has succeeded in putting the case that this is what should should be done with the welfare agenda. -- Sociological Research OnlineIn a clear and well-organised text, the author offers a careful assessment of the kinds of change needed for the construction of genuinely emancipatory services…Taken as a whole, the suggestions for restructuring community care may be radical, but they are by no means Utopian. Priestley is eminently realistic about the difficulties that confront disabled people in their relations with a public sector still dominated by medical or `personal tragedy' understandings of disability, and he is careful to ground his arguements in the experience and achievements of disabled people in real-life examples…The author's unique perspective arises…from close co-operation with the Derbyshire CDP, so that the book benefits from the direct input of disabled people. The particular strength of this approach is that theory, values and power are discussed not merely as abstract concepts of interest only to academics, but as much more tangible factors which carry direct consequences for environmental change and integrated living. Priestley achieves, therefore, not only a cogent and powerful analysis of community care policy, its principles and outcomes, but also an assessment of the changes required if the exclusion of disabled people is to end. -- International Social Work…[this] may well be a set book for the near future, when disabled people's experience has become the model and inspiration for tackling barriers of exclusion. In the way that Colin Barnes' Disabled People in Britain and Discrimination in 1991 helped to break the deadlock in progress towards anti-discrimination legislation, Priestley's book could help take a step nearer to a "new profession" of the kind envisaged by Finkelstein and Stuart (1996). -- Disability and SocietyTable of Contents1. Introduction i.Some General Hypotheses. ii.Some Specific Questions. iii.Towards a Model for Disability Research. iv.Case Study Methods. v.Structure of the Book. 2. Disabling Values: Disabling Policies. i.Disabling Values. ii.An Agenda for Change? iii.Disabling Values and Community Care. iv.Conclusions. 3. An Enabling Counter-Culture. i.Social Movements. ii. The Disabled People's Movement. iii.The Movement for Independent Living. iv.Conclusions. 4. From Principles to Practice. i.Personal Assistance and Independent Living. ii.`Care' Assessments and Self-Assessment. iii. `Care' Management and Self-Management. iv.Conclusions. 5. Marketing the Social Model. i.A Market for Independent Living. ii.The Politics of Contracting. iii. The Impact of Contracting. iv. Conclusions. 6. Improving Services. i.In Search of Standards. ii. Some Experience of Quality. iii.Improving Service Quality. iv. Towards a Measure of Participation. v. Conclusions. 7. Beyond Services. i. What Kind of Outcomes? ii. Some Examples of Service Outcomes. iii. Quality of Life. iv. Quality and Equality. v. Conclusions. 8. Barriers and Strategies. i. Bridging the Implementing Gap. ii. The Scope of Legislative Change. iii. Social Change. Summary and Conclusions. Index.

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Book SynopsisThis comprehensive volume assesses the relationship between legal rights and disability and the effect of law, legal process and third party professional intervention on the lives of people with disabilities. Stressing the crucial role played by disabled people themselves in fulfilling the promise of the worldwide rights movement, the chapters examine this relationship across a variety of themes, stressing the legal elements of each issue, and the extent to which law can assist in strengthening individual rights in that area. The contributors, who are all either academics or other professional experts in their field, write in a jargon free accessible style. The volume will be of interest to lawyers, human rights activists, health care professionals and to disabled people generally.The main areas covered in the volume are:* new perspectives on working in partnership with disabled people;* the changing attitudes to the rights of people with disabilities across the globe;* improvements to the rights of disabled people through legal process, using national and international law;* an examination of the rights and entitlement of disabled people to community care, housing, employment, education, and special services for children;* disabled people and mental health law;* messages from disability research for law, practice and reform implications for research.Trade ReviewThe focus on law in context is to be greatly welcomed, especially in relation to a wider international framework... this book should be included on booklists for students in social work since it addresses disability and the law more widely than conventional legal texts and therefore fills an important gap in the literature. -- Social Work EducationThis book describes the law relating to the rights of people with disabilities as defined in international, European and UK law. However, it does much more than this. It sets these rights and laws in the context of a social model of disability, where the impairment becomes disabling as a result of the barriers in society which limit participation in day-to-day activities. These barriers can be physical, financial or attitudinal. This is linked with a rejection of the medical model, where the focus on the physical or intellectual limitations is believed to lie within the individual. -- Royal College of Speech and Language Therapists BulletinI found this book to be impressive in its comprehensive coverage, in its ability to address very real and current issues and in the way that it is unafraid to address bad practice. I would thoroughly recommend this book to health and social work practitioners and to students. -- The British Journal of Developmental DisabilitiesThis book describes the law relating to the right of people with disabilities as defined in international, European and U.K. law. However it does much more than this. It sets these rights and laws in the context of a social model of disability, where impairment becomes disabling as a result of the barriers in society which limit participation in many day-to-day activities. The book is aimed at social and healthcare professionals and cites research throughout showing that many within this group still hold attitudes, which restrict rather than enable participation. It is interesting background reading and useful to have as a reference for times when we need access to information about our clients' rights. -- BulletinThis book sets out to assess the effect of law, legal process and third party professional intervention on the lives of people with disabilities. Stressing the crucial role played by disabled people themselves in fulfilling the promise of the worldwide rights movement, the volume stresses the extent to which law can assist in strengthening individual rights. -- ELPIThis text takes a very comprehensive look at the relationship between legal "rights" and disability, and the effects of the law and the legal process on people with disabilities. As well as taking into account the role of people with disabilities themselves, rather than just the professionals and third parties involved in securing justice for disabled people, the various chapters in the book address a variety of key themes. These include: "working in partnership" with disabled people, and the interventions care and other agencies engage in; changing attitudes towards disability; specific areas of "rights" to community care, housing employment, education, and special services in response to needs; mental health law; and the research into law, practice, and reform programmes. -- Welfare BenefitsTable of ContentsPreface, Jeremy Cooper. 1. Working in Partnership with Disabled People: New Perspectives for Professionals Within the Social Model of Disability, Clare Picking, Occupational Therapist, Southampton. 2. Changing Attitutdes to the Rights of People with Disabilities in Europe, Lisa Waddington, Lecturer in European Law, Maastricht University. 3. Improving the Civil Rights of People with Disabilities through International Law, Jeremy Cooper. 4. Improving the Civil Rights of People with Disabilities through Domestic Law: A Global Overview, Jeremy Cooper. 5. The Legal Regulation of the Powers and Duties of Local Authorities with Regard to Disabled People, Belinda Schwehr, Solicitor and Law Lecturer, Surrey. 6. The Disability Discrimination Act: An Overview, Catherine Casserley, Legal Officer, Royal National Institute for the Blind. 7. Disability, Housing and Homelessness, Mary Holmes, Principal Lecturer. School of Law, Kingston University. 8. Disability and Mental Health Law, Kate Harrison, Solicitor, Former Legal Officer for MIND. 9. Disabled Children (Still) Invisible Under the Law, Mairian Corker, Senior Research Fellow in Deaf and Disability Studies, University of Central Lancashire, and John Davis, Edinburgh University. 10. Disabled Children and Social Care: Law and Practice, Suzy Braye, Reader in Social Work, Staffordshire University. 11. Clear Voices for Change: Messages from Disability Research for Law, Practice and Reform, Michael Preston-Shoot, Professor of Social Work and Social Care, Liverpool John Moores University. References. Index.

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Book SynopsisIndividuals with developmental disorders are seven times more likely than other people to come into contact with police and their responses to encounters with the law may not always be socially appropriate. How can the needs and responses of people with autism spectrum disorders be reconciled with the duties of the police to serve and protect the community? In this book, private investigator and autism advocate Dennis Debbaudt provides essential information for both groups. He explains how typical manifestations of autism spectrum disorders, such as running away, unsteadiness, impulsive behavior or failure to respond, may be misunderstood by law enforcement professionals, with serious consequences. For individuals with ASDs, he offers advice on how to behave in encounters with police and other law enforcement professionals. Aimed at raising awareness and facilitating communication between people with autism and law enforcement professionals, this much-needed book will be a valuable resource for both communities.Trade ReviewThe book highlights some important issues that UK police forces will do well to learn from -- The Journal of Adult ProtectionIn this book Dennis Debbaudt provides essential information for both groups. I highly recommend this book specially for the police and mall security people although it is quite useful for the caregivers too. -- OAARSN Book ReviewsTable of ContentsSection 1: The Law Enforcement Perspective. 1. Introduction. 2. Autism Recognition and Response. 3. Interview and Interrogation of Persons with Autism. 4. Victims with Autism 5. Law Enforcement Training Programs. 6. Conclusion. Section 2: The Citizen's Perspective. 7. Introduction. 8. Safety at Home and in the Community. 9. Victim and Law Enforcement Awareness for Persons with Autism and Advocates. 10. Advocacy for Offenders with Autism Spectrum Disorders. 11. Collaborative Autism Awareness Campaigns. 12. Conclusion. References. Index.

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Book SynopsisThe legal system is complex, and without appropriate access, many injustices can occur. Deaf people in the criminal justice system are routinely denied sign language interpreters, videophone access, and other accommodations at each stage of the legal process. The marginalization of deaf people in the criminal justice system is further exacerbated by the lack of advocates who are qualified to work with this population. Deaf People in the Criminal Justice System: Selected Topics on Advocacy, Incarceration, and Social Justice is the first book to illuminate the challenges faced by deaf people when they are arrested, incarcerated, or navigating the court system. This volume brings interdisciplinary contributors together to shed light on both the problems and solutions for deaf people in these circumstances. The contributors address issues such as accessibility needs; gaps regarding data collection and the need for more research; additional training for attorneys, court personnel, and prison staff; the need for more qualified sign language interpreters, including Certified Deaf Interpreters who provide services in court, prison, and juvenile facilities; substance use disorders; the school to prison nexus; and the need for advocacy. Students in training programs, researchers, attorneys, mental health professionals, sign language interpreters, family members, and advocates will be empowered by this much-needed resource to improve the experiences and outcomes for deaf people in the criminal justice system. This book has been made possible in part by the National Endowment for the Humanities: Exploring the human endeavor. Any views, findings, conclusions, or recommendations expressed in this book do not necessarily represent those of the National Endowment for the Humanities.Trade Review"This book appeals to various professionals in the Deaf community, and it could significantly enhance the work of students, educators, researchers, advocates, mental health practitioners, interpreters, and the like. Readers less familiar and integrated with the Deaf community stand to gain an incredible amount of information ranging from Deaf 101 myth-busting to deep examinations of Deaf persons’ stories of inaccessibility and injustice. For professionals working in any area of the criminal justice system, this is a must-read." -- Meghan L. Fox * JADARA *"By drawing in so many interdisciplinary views, this book serves as a kaleidoscope of often underrepresented/unheard perspectives based on the experiences and challenges experienced by signing deaf populations. As a result, it is currently the most comprehensive book out there when it comes to considering multiple experiences and challenges in achieving criminal justice reform from the perspectives of signing and deaf populations." -- Tawny Holmes Hlibok * Journal of Deaf Studies and Deaf Education *

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Book SynopsisThis book addresses an important and relatively neglected topic in the scientific literature: individuals with autism spectrum disorder (ASD) who have dealings with the legal system. It examines issues and implications for autistic people, who have a significant risk for engagement with the legal system in some capacity (e.g., witness/bystander, victim, or perpetrator).Key areas of coverage include:Autistic people as victims and perpetrators of criminal activities, including violence, stalking, sexual exploitation, and cybercrime. Risks for unlawful behavior in individuals with autism and Asperger's. Legal assessment issues, such as witness protection and postconviction diagnoses. Legal outcomes for autistic people, including case law, prevention, service provisions in correctional settings, and rights and support systems. The Handbook of Autism Spectrum Disorder and the Law is an essential, comprehensive resource that explores the risk for unlawful behaviors affecting autistitc people as victims and perpetrators, as well as related issues of assessment and treatment, and outcome. It is a must-have reference for researchers, clinicians/practitioners, and graduate students in psychology, psychiatry, social work, and law, as well as professionals in such related fields, as criminology/criminal justice and the legal system.Table of ContentsChapter 1. Introduction.- Chapter 2. The Autism Diagnosis.- Chapter 3. Expert Evidence about Autism Spectrum Disorder.- Chapter 4. Neuroscience of Autism in the Legal Context.- Chapter 5. Trauma in Individuals with Autism Spectrum Disorder: An Empirically-Informed Model of Assessment and Intervention to Address the Effects of Traumatic Events.- Chapter 6. Legal Defense in Criminal Cases.- Chapter 7. Obtaining testimony from autistic people.- Chapter 8. ASD and unlawful behaviour: background.- Chapter 9. Bullying & Autism and Related Disorders.- Chapter 10. Cyber-dependent crime, autism and autistic-like traits.- Chapter 11. Violent Behavior in Autism and Asperger's Disorder.- Chapter 12. Sexual Offending and ASD.- Chapter 13. Defending Men with Autism Accused of Online Sexual Offenses.- Chapter 14. Stalking, Autism and the Law Chapter 15. The Right to Special Education.- Chapter 16. Navigating The Transition To Adulthood—Preparing For Life Under The U.S. Legislative Model.- Chapter 17. Legal Issues and Academic Accommodations in Higher Education.- Chapter 18. Autism Spectrum Disorder and the Workplace.- Chapter 19. Laws Affecting the Health, Security, Autonomy and Well-Being of People with ASD.- Chapter 20. Clinicians as Advocacy Allies for People with ASD.- Chapter 21. Psychological Assessment of Autism Spectrum Disorders and the Law.- Chapter 22. Violence Risk Assessment in Autism Spectrum Disorder (ASD).- Chapter 23. Autism and Operational Policing.- Chapter 24. Preventing Criminal Sexual Behavior.- Chapter 25. Violence Prevention.- Chapter 26. Service provision in forensic settings Chapter 27. Moving Forward.

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Book SynopsisThis book, exploring the theoretical and practical implications of the United Nations Convention on the Rights of Persons with Disabilities (CRPD), brings together an international and interdisciplinary group of leading researchers in the areas of philosophy of disability, disability law, and disability policy. It addresses both the philosophical foundations of the CRPD as well as complex contemporary legal and policy debates.With a comprehensive introduction outlining key milestones in the development and implementation of the CRPD, the book addresses the most fundamental questions the CRPD raises for the way we think about human rights, law, and disability, and how we operationalize rights in the legal and policy domains. The contributors traverse themes of personhood, equality, capacity, and intersectionality, explore the dilemmas involved in translating these concepts in practice, and reflect on the promises and limitations of the human rights project.Table of ContentsChapter 1: Introduction.- Chapter 2: Towards Inclusive Equality: Ten Years of the Human Rights Model of Disability in the Work of the UN Committee on the Rights of Persons with Disabilities.- Chapter 3: What Does the CRPD Tell Us about Being Human?.- Chapter 4: Rights, Justice and Flourishing: The Uses and Limitations of Human Rights.- Chapter 5: Disability and the Dilemma of Difference.- Chapter 6: Forms of Equality, Faces of Discrimination: CRPD Article 5, Article 12, and the Disability’s Difference Debate.- Chapter 7: The right to autonomy and the conditions that secure it: the relationship between the CRPD and market-based policy reform.- Chapter 8: At the Intersection of Childhood and Disability: Improving Human Rights Protection for Disabled Children.- Chapter 9: The Convention on the Rights of Persons with Disabilities and Mental Health: the Problems, Dilemmas and Untapped Potential.- Chapter 10: Disability and Forced Migration: Critical Connections and the Global South Debate.- Chapter 11: Intersections in Human Rights and Public Policy for Indigenous People with Disability.- Chapter 12: Examining Australia’s Performance in Realising CRPD Obligations in Health Through the Lens of COVID-19.

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Book Synopsis

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Book Synopsis

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Book Synopsis

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Book Synopsis

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