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34 Mental & Physical Disability L. Rep. 1 (2010)

handle is hein.journals/menphydis34 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 Katherine H. O'Neil, ABA Board of Governors Liaison Helen (Maria) M. Enright, Associate Executive Director Robert M. Horowitz, Director, Professional Services Division DC Editorial Advisory Board Walter T. Smith, J.D., PhrmD., Clinical Assistant Professor, University of Florida College of Pharmacy, Department of Pharmaceutical Outcomes and Policy (Chair) David M. Bergman, J.D., Chief Legal Officer, Vice President of Legal and External Affairs, National Board for Certified Counselors, Inc. and Affiliates Ira A. Burnim, J.D., Legal Director, Bazelon Center for Mental Health Law Marc P. Charmatz, J.D., National Association for the Deaf Law and Advocacy Center Mark A. Cody, J.D., Michigan Protection & Advocacy Service, Inc. Eric Y. Drogin, J.D., Ph.D., Clinical Instructor in Psychology in the Department of Psychiatry, Harvard Medical School Martha E. Ford, J.D., Director of Legal Advocacy, The Arc of the United States Gary P. Gross, J.D., Director, Jeanne A. Carpenter Epilepsy Legal Defense Fund, Epilepsy Foundation Robert N. Herman, J.D., Senior Advocacy Attorney, Paralyzed Veterans of America Alex J. Hurder, J.D., Clinical Professor of Law, Vanderbilt University Law School Anju M. Khubchandani, M.A., Director, Disability Issues Office, American Psychological Association Daniel B. Kohrman, J.D., M.P.A., Senior Attorney, AARP Foundation Litigation Sheridan L. Neimark, BSChE, J.D., Autism Society of America Richard W. Nenno, J.D., Managing Director and Trust Counsel, Wilmington Trust Company Eric D. Rosenthal, J.D., Founder & Executive Director, Mental Disability Rights International Alexander P. Ryan, J.D., Associate, Groom Law Group, Chartered Roger D. Smith, J.D., Senior Attorney, American Association for Marriage and Family Therapy Staff Editor-in-Chief, John W. Parry, J.D. Managing Editor, Amy L. Allbright, J.D. Staff Writers, Amy L. Allbright, F Philips Gilliam, Jr., J.D.; William J. Phelan, IV, J.D. Contributing Writers, Marc P. Charmatz, J.D.; Jennifer Kirby, J.D.; Catherine A. Messina; Susan J. Pannell, J.D.; Mary C. Vargas, J.D.; Kimberly Murphy White, J.D. Legal Researcher, F. Philips Gilliam, Jr Subscriptions Manager, Michael J. Stratton Marketing Manager, Caroline J. Cherry Interns, Rebecca Herman, Margaret McGinty, Andrew Metcalf, Nicole Zatkoff 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 60654- 7598. Subscription price for institution, agency, library, law firm and foreign subscribers is $384; personal subscription rate is $324. Copyright @ 2010 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., 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 34 No 1 + January February 2010 + www.abanet.org/disability CONTENTS + Subject Key Numbers ....................2 4 Directory of Cases & Legislation ............5 + Highlights...........................11 + Special Feature ........................ 14 + Case Law Developments ................. 19 +*: Summary U.S. Supreme Court Actions ...... 152 +*: Legislation & Regulations ............... 53 2010 PAUL G. HEARNE AWARD FOR DISABILITY RIGHTS Since 1998, the American Bar Association's (ABA) Commission on Mental and Physical Disability 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 2010 award will be presented at the ABA's 2010 Annual Meeting in Chicago, Illinois. The Commission is currently accepting nominations for the 2010 award. Access our nomination form at http://www.abanet.org/disability/award/form.shtml. For questions, contact William J. Phelan, IV, at phelanw@ staff.abanet.org or 202.662.1576. Nominations must be postmarked by April 1, 2010. January February 2010 34:1 MPDLR 1

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