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Judicial Threats to Olmstead and the Americans with Disabilities Act

Hosting Organization: 
Scattergood Foundation
Wednesday, February 21, 2024 12:00pm EST
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Join Scattergood Foundation for a Think Bigger Do Good webinar on February 21st featuring Jean Goetz Mangan, J.D. and Andrea Dennis, J.D. of the University of Georgia School of Law and moderator Jane Mogavero, ESQ. of the Patrick P. Lee Foundation. The speakers will discuss their new paper as well as recent court proceedings.

In the paper Judicial Threats to Olmstead and the Americans with Disabilities Act, 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.


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