Piers Gooding, Supported Decision Making: A Rights-based Disability Concept and its Implications for Mental Health Law

Abstract: This article seeks to clarify the concept of supported decision making and to consider its major implications for mental health law. It draws on the UN Convention on the Rights of Persons with Disability as well as the broader literature on supported decision making in order to distinguish some of its conceptual features and…

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Terry Carney & Fleur Beaupert, Public and Private Bricolage – Challenges Balancing Law, Services & Civil Society in Advancing CRPD Supported Decision Making

The balance between public law, private law and civil society has long attracted interest. As state or public functions have contracted in recent decades, much recent scholarly attention has been devoted to the erosion of public accountability associated with neoliberal ‘‘contracting-out’’ of formerly government delivered services or responsibilities (often termed new public management or ‘‘NPM’’)……

Arlene S. Kanter, Guardianship for Young Adults with Disabilities as a Violation of the Purpose of the Individuals with Disabilities Education Improvement Act

The Individuals with Disabilities Education Improvement Act (IDEIA) was originally enacted in 1975 as the Education for All Handicapped Children’s Act. The purpose of the IDEIA is to “provide a free appropriate public education” to children with disabilities and to prepare them for further education, employment, and full participation in society. Under the IDEIA, all…

Kristin Booth Glen, Not Just Guardianship: Uncovering the Invisible Taxonomy of Laws, Regulations and Decisions that Limit or Deny the Right of Legal Capacity For Persons with Intellectual and Developmental Disabilities

Most of us enjoy and exercise the right of legal capacity every day, neither thinking about it, or naming the right as such. We rent or own our apartments or houses, shop in person or online, use cash machines, make doctor’s or dentist’s appointments, enjoy (most of the time, at least) our family arrangements with…