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32 Mental & Physical Disability L. Rep. 1 (2008)

handle is hein.journals/menphydis32 and id is 1 raw text is: A Publication of the American Bar Association
Commission on Mental and Physical Disability Law
Alex J. Hurder, J.D., Chairperson
Carol E. Dinkins, Board of Governors Liaison
Mary A. Cavallini, Associate Executive Director
Robert M. Horowitz, Director, Professional Services Division
Editorial Advisory Board
Michael E. Waterstone, J.D., Associate Professor of Law,
Loyola Law School Los Angeles (Chair)
David M. Bergman, J.D., Director of Legal and Government
Affairs, American Association for Marriage and Family
Therapy
Daniel B. Kohrman, J.D., M.P.A., Senior Attorney, AARP
Foundation Litigation
Anju M. Khubchandani, M.A., Director, Disability Issues
Office, American Psychological Association
Martha E. Ford, J.D., Director of Legal Advocacy, The Arc of
the United States
Sheridan L Neimark, BSChE, J.D., Autism Society of
America
Ira A. Burnim, J.D., Legal Director, Bazelon Center for Mental
Health Law
William J. Edwards, J.D., Deputy Public Defender, County of
Los Angeles
Gary P. Gross, J.D., Director, Jeanne A. Carpenter Epilepsy
Legal Defense Fund, Epilepsy Foundation
Mark A. Cody, J.D., Michigan Protection & Advocacy
Service, Inc.
Marc P. Charmatz, J.D., National Association for the Deaf
Law and Advocacy Center
Wendy E. Parmet, J.D., Matthews Distinguished University.,
Professor of Law, Northeastern University School of Law
Robert N. Herman, J.D., Senior Advocacy Attorney,
Paralyzed Veterans of America
David M. English, J.D., W.F. Fratcher Missouri Endowed
Professor of Law, University of Missouri-Columbia
Alex J. Hurder, J.D., Clinical Professor of Law, Vanderbilt
University Law School
Michael A. Stein, J.D., Ph.D., Cabell Research Professor,
William & Mary Law School
Staff
Editor-in-Chief, John W. Parry
Managing Editor, Amy L Allbright
Staff Writers, Amy L. AlIbright, F. Philips Gilliam, Jr.
Contributing Writers, Marc P. Charmatz, Samantha A. Crane,
Jeanne A. Dooley, F. Philips Gilliam, Jr., Angela M. Greene
Jennifer Kirby, Catherine A. Messina, Susan J. Pannell, Mary
C. Vargas, Kimberly Murphy White
Researcher, F. Philips Gilliam, Jr.
Subscriptions Manager, Michael J. Stratton
Marketing and Production Coordinator, Caroline J. Cherry
Intern, Ariel A. Martinez
The Mental & Physical Disability Law Reporter, ISSN
#0883-7902, is published bimonthly (six times per year) by the
American Bar Association, 321 N. Clark St., Chicago, IL 60610-
4714. Subscription price for institution, agency, library, law firm
and foreign subscribers is $384; personal subscription rate is
$324. Copyright © 2008 by the American Bar Association
(USPS 399-530). Periodicals postage paid at Chicago, IL and
additional mailing offices. Postmaster Send address changes
to Mental & Physical Disability Law Reporter, ABA, 740 15th
St., N.W., 9th Fl., Washington, DC 20005-1022. The views and
opinions expressed herein do not necessarily represent the
policies of the American Bar Association or of the organizations
represented on the Editorial Advisory Board unless specifically
adopted as such. Research performed on Westlaw
compliments of West Group.

MENTAL & PHYSICAL
DISABILITY LAW

REPORTER

Vol 32 No 1 4- January February 2008 4- www.abanet.org/disability
CONTENTS
-+o Directory of Cases & Legislation ............ 2
*o  H ighlights  .............................. 6
*o  Special Feature  .......................... 9
*o Case Law Developments ................. 16
*° Summary U.S. Supreme Court Actions ..... 143
*. Legislation & Regulations ............... 144
4- Subject Key Numbers ................... 146
2008 PAUL G. HEARNE
AWARD FOR DISABILITY RIGHTS
Since 1998, the American Bar Association's (ABA)
Commission on Mental and Physical Disability Law has been
pleased to present the Paul G. Hearne Award for Disability
Rights. Each year, an award is presented to an individual
who, or an organization that, has performed exemplary
service in furthering the rights, dignity, and access to justice
for people with disabilities. The 2008 award will be
presented at the ABA's 2008 Annual Meeting in New York
City. The Starbucks Coffee Company, the corporate sponsor
of the Hearne Award, will give the recipient a $1,000
honorarium and pay for the recipient's travel expenses.
The Commission is currently accepting nominations for the
2008 award. Access our nomination form at www.abanet.
org/disability/award/form.shtml. For questions, contact
William J. Phelan at phelanw@staff.abanet.org or 202.662.
1576. Nominations must be postmarked by April 1, 2008.

January February 2008

32:1 MPDLR

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