- Collection:
- Scholarly Works
- Title:
- Judicial Threats to Olmstead and the Americans With Disabilities Act
- Creator:
- Mangan, Jean
Dennis, Andrea L. - Date of Original:
- 2023-12-13
- Subject:
- Law--Study and teaching
Academic writing--Georgia--Athens
University of Georgia. School of Law - Location:
- United States, Georgia, Clarke County, Athens, 33.96095, -83.37794
- Medium:
- articles
- Type:
- Text
- Format:
- application/pdf
- Description:
- Americans With Disabilities Act -- Chevron deference -- Community residences -- Law and psychiatry -- Olmstead v L.C. -- Disability Law
The authors examine the U.S. Supreme Court decision in Olmstead v L.C. ex rel. Zimring and related Supreme Court rulings that could raise questions about the Americans With Disabilities Act's guarantee of care in integrated settings and about which governmental entity's interpretation should be respected when deciding whether a state has met its integration obligation. After reviewing statutes, administrative regulations, and judicial decisions, the authors conclude that Olmstead's integration mandate will likely stand, but actions should be taken to codify the rule in federal and state statutes so that governmental agencies will continue to have the authority to ensure compliance with the mandate. - External Identifiers:
- Metadata URL:
- https://digitalcommons.law.uga.edu/fac_artchop/1576
- Holding Institution:
- Alexander Campbell King Law Library
- Rights:
-
