The “Special Feature” section of the Law Reporter contains bylined articles written by disability professionals discussing significant legal developments and trends

Listed Below Are Articles That Have Appeared in the Law Reporter

Competency of Criminal Defendants to Waive Assistance of Counsel at Trial (January / February 2008). Provides the American Bar Association’s (ABA) amicus curiae brief to the U.S. Supreme Court in Indiana v. Edwards, case reviewing what the U.S. Constitution permits states to do with regard to establishing competency standards for criminal defendants who wish to waive counsel and represent themselves. The brief is followed by a summary of the existing law pertaining to competency to stand trial, to waive counsel, and to represent oneself, drawn directly from Mental Disability Law, Evidence and Testimony: A Comprehensive Reference Manual for Lawyers, Judges and Mental Disability Professionals, written by John Parry, J.D., and Eric Y. Drogin, J.D., Ph.D.

Final Regulations on School Assessments: An Attempt to Align the NCLBA and the IDEA. (November/December 2007). Discusses final regulations on education assessments under the No Child Left Behind Act (NCLB) and the Individuals with Disabilities Education Improvement Act (IDEIA), which went into effect on May 09, 2007.

A Quick Overview of the United Nations Convention on the Rights of Persons with Disabilities and Its Implications for Americans with Disabilities (September / October 2007). Describes the United Nations Convention on the Rights of Persons with Disabilities and its implications for Americans with disabilities, and urges the United States to sign the Convention, despite opposition by the Bush Administration.

ABA Website Accessibility Resolution and Report (July / August 2007). The resolution and report urging the legal profession to make their websites accessible to persons with disabilities. The policy was adopted by the ABA House of Delegates at the 2007 Annual Meeting.

2007 Employment Decisions Under the ADA Title I-Survey Update (May / June 2007). Provides the results from the Commissions' ninth annual survey of employer - employee wins under the ADA Title I for 2006.

ABA Amicus Brief in Panetti v. Quarterman (March / April 2007). This US Supreme Court Case will decide whether the Eighth Amendment permits the execution of a death row inmate who is factually aware of the reason for his execution but, due to severe mental illness, has a delusional belief as to why the state is executing him, and, thus does not appreciate that his execution is intended to seek retribution for his crime. Also provides relevant excerpts on the subject of competency to be executed from the Commission’s new publication, Mental Disability Law, Evidence and Testimony: A Comprehensive Reference Manual for Lawyers, Judges and Mental Disability Professionals, written by John Parry, J.D., and Eric Y. Drogin, J.D., Ph.D.

“Regarded As” Plaintiffs and ADA Hostile Work Environment Claims (January / February 2007).  Discusses the split among the federal circuits on the issue of whether employers have a duty under the Americans with Disabilities Act to accommodate “regarded as” disabled employees, and recommends that employees consider disability-based hostile environment claims to recover more than nominal damages and deter further discrimination.

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