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33 Mental & Physical Disability L. Rep. 1 (2009)

handle is hein.journals/menphydis33 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
Mary A. Cavallini, Associate Executive Director
Robert M. Horowitz, Director, Professional Services Division DC
Editorial Advisory Board
David M. English, J.D., W.F. Fratcher Missouri Endowed
Professor of Law, University of Missouri-Columbia (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 R 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
Eric D. Rosenthal, J.D., Founder & Executive Director,
Mental Disability Rights International
Roger D. Smith, J.D., Senior Attorney, American Association
for Marriage and Family Therapy
Walter T. Smith, J.D., PhrmD., Clinical Assistant Professor,
University of Florida College of Pharmacy, Department of
Pharmaceutical Outcomes and Policy
Michael A. Stein, J.D., Ph.D., Cabell Research Professor,
William & Mary Law School
Editor-in-Chief, John W. Parry
Managing Editor, Amy L. Allbright
Staff Writers, Amy L. Allbright, F. Philips Gilliam, Jr.,
William J. Phelan, IV
Contributing Writers, Marc R Charmatz, 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 Manager, Caroline J. Cherry
Interns, Ariel 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 60654-
7598. Subscription price for institution, agency, library, law firm
and foreign subscribers is $384; personal subscription rate is
$324. Copyright © 2008 by the Amedcan 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.



Vol 33 No 1 :p January February 2009 4- www.abanet.org/disability
*o  Subject Key Numbers  ....................... 2
. Directory of Cases & Legislation .............. 6
.  Highlights  ................................ 11
-*°  Special Feature  ............................ 14
*° Case Law Developments .................... 18
-*o Summary U.S. Supreme Court Actions ....... 174
-,*°  Legislation  &  Regulations .................. 175

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 2009
award will be presented at the ABA's 2009 Annual
Meeting in Chicago, Illinois.
The Commission is currently accepting nominations for
the 2009 award. Access our nomination form at http://
For questions, contact William J. Phelan at phelanw@
staff.abanet.org or 202.662.1576. Nominations must be
postmarked by April 1, 2009.

January February 2009

33:1 MPDLR

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