SYLLABUS
Welcome to Civil and Human Rights Law for Disabled People (DIS ST/LSJ/CHID 434). To find the schedule and reading assignments, which we will review on the first day of class, use the MODULES link on the course navigation menu. Please also check out the published Preliminary, Post Hoc & Ad Hoc MODULES.
There may be minor changes, depending on new legal or policy issues and/or guest speaker availability, as well as modifications in the readings, recordings or prompts. If so, I will give you adequate notice. Note the brief pre-class reading for March 28, 2023 (Week No. 1 MODULE- Assignment).
If you have any questions about anything, please email me. You can also email me to tell me anything about yourself that you feel comfortable in sharing.
Spring Qtr 2023
March 28 - June 1, 2023 (Synchronous)
5 Credits
Denny Hall, Rm. 259
Tu 10:30-12:20 am & Th 10:30-12:20 am
Instructor: Stephen Rosenbaum, M.P.P., J.D. (he/him/él)
Frank C. Newman Lecturer, Univ of California Berkeley, School of Law Lecturer- Part Time, Univ of Washington, Affiliate, UW Disability Studies Program
Office Hours: 017 Smith Hall - By Appointment (in person/Zoom/phone) srosenb@uw.edu
Course description
This course, which fulfills the Rights, Policy & Inequality subfield requirement, examines theoretical and empirical aspects of disability civil rights and human rights law, and policy development and analysis—from a cross-disability perspective. This survey course is designed for students who are interested in expanding their knowledge of civil and human rights for people with disabilities, including the United States perspective and various international and third country national models. This is not a “junior law school course,“ but an examination of how various socio-political systems address disability through law, policy and practice. The concepts and principles, and your critique and reflection, are more important than a mastery of particular national or international case law, codes or regulations. Whether you are new to the field of DIS ST or a veteran scholar or activist, this is a course for you. And, while this is not a “junior law school” course, it will appeal to LSJ students with its focus on law, policy and social justice. It also offers the opportunity for the critical thinking, intellectual inquiry, and self-reflection that is the hallmark of CHID courses.
We will examine the Americans with Disabilities Act (ADA), Individuals with Disabilities Education Act (IDEA) and the American civil rights model and review the relevant United Nations international human rights treaties and documents that relate to people with disabilities. We will examine disability rights in various countries around the world, and discuss select issues intersecting with disability rights and disability justice.
The international focus will be on the ways that various state-parties to the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) are implementing laws to ensure that individuals have full access to rights—even those individuals with significant intellectual or psychological impairments who have commonly been denied most rights. Your group research projects, as described below, will add an important global perspective to the discussion of how to be inclusive of all individuals regardless of their level of impairment and what it means to be "equal."
Course Objectives
On completion of this course you will, through written, verbal, sign and/or other forms of communication, be able to:
- Define human rights, civil rights and the complexities inherent in our western legal analysis of these concepts when applied to the rights of disabled individuals.
- Describe the legal treatment of disabled people in American history including the development of the civil rights movement for disabled people in this country and identify policies, practices and strategies that are ableist or otherwise exclusionary, perpetuate inequalities and/or create social and physical barriers.
- Identify, describe and compare the major international human rights instruments, laws of other nations, and American civil rights laws concerning disabled people.
- Compare and contrast other models of "rights" laws for disabled people with the American model.
- Recognize the role of activism and civic engagement in systems change particularly in the eradication of barriers to socio-political equality.
- Demonstrate a working knowledge of the course materials through successful completion of weekly written assignments and a group comparative law project.
- Understand the values of access, self-determination and an expectation of difference in disability, identity and culture.
Course Texts
Understanding Disability Law (3rd. ed. 2019) by Mark Weber is available (in e-book or "physical book" format) at the UW Bookstore and will also be on 4-hour reserve at Odegaard Library (KF480 .W433 2019). This is a resource for American disability rights law and cases that we discuss in class.
We will also read excerpts from Decarcerating Disability (2020) by Liat Ben-Moshe. An e-book version can be accessed @ UW Libraries.
All additional required readings and supplementary materials will be available on the course website in accessible formats.
CONTENT ADVISORIES: I will try to be mindful of potentially difficult subject matter in written or visual materials or in classroom discussions. At the outset of the quarter, I will ask you to privately communicate with me about topics or images that you may find difficult. Please do what you need to do to take care of yourself. [See Preliminaries, Post Hoc & Ad Hoc MODULES].
Guests include: Loren Atherley (Performance Analytics & Research, City of Seattle); Asantawa Boykin (Mental Health First/Anti-Terror Police Proj); Angélica Cházaro Decriminalize Seattle/UW Law Prof) (invited); Pamela Cohen (Calif Dep't of Fair Employment & Housing); Elizabeth Gleicher (Mich Court of Appeals); Lili Graham, Eric Harris, Vivian Haun & Pamila Lew (Disability Rights California); Jasmine Harris (U Penn Law); Ben Hattem (Rosen Bien Galvan & Grunfeld); LuanJiao Hu (Disability Without Borders); Isatou Jallow (UW Disability Inclusive Dev't Initiative/ Immigrant & Refugee Comm’n, City of Seattle); A.D. Lewis (Prison Law Off); Sonny Lowell & Antonina Raddatz (Calif Dep't of State Hospitals Legal Off); Chloe Merino & Carina Tong (Disability Rights Washington); Noah Seidel (DRW Regional Dev't’l Disabilities Ombuds); Anna Noel Pickett (Alliance for Disability Law & Justice).
Methods
The course content will be presented through assigned readings, class discussion (including deliberation and simulations—in small groups and in class as a whole), guest speakers and student research and presentations.
You are expected to actively participate in class discussions—in class as a whole and in small group discussions and role play. In addition, you will be assigned responsibilities with others in small groups for case presentations. You will also be evaluated on individual written assignments and a group individual research project. (If you are uncomfortable working in a group, please make an appointment to talk with me during the first week of the quarter).
Class Assessments and Grading
There is a total of 300 points for the course:
- Class Participation (50 points)
- Class (Reading) Exercises (150 pts total with max 10 pts/exercise)
- Group Comparative Law Research Project (100 pts) 40 pts/group written analysis, 40 pts/group class presentation & 20 pts (two individual reflections on the group research experience)
Once all assignments are scored, the points are converted to numeric grades.
THERE IS NO FINAL EXAM IN THIS CLASS.
CLASS PARTICIPATION IS AN IMPORTANT COMPONENT OF THIS CLASS.
Please read the assigned material prior to class and be prepared to discuss the question(s) presented and small group or role play prompts. UW does not allow taking of attendance, but it’s hard to participate in a discussion if you are not in class—and it’s not enough just to show up. Moreover, watching a video recording in lieu of attending class is not really a substitute for discussion and interactive In Real Time. (If you are uncomfortable speaking in front of others, please make an appointment to talk with me the first week of the quarter).
Participation, which can boost your grade, is worth 50 points (16%) over the course of the quarter. I'm mindful of the subjective evaluation involved in assigning point values, as set out below. My intent is to have you engage with the material and with each other--to take risks, to think critically, to go beyond sloganeering and to not be silenced or shamed. I'm not seeking polish or performance; no spoken or unspoken censorship of opinion will be tolerated.
- "Quality" questions or comments* during class throughout quarter (40-50 pts)
- As above* for about ¾ of classes (30-39 pts)
- As above* for about 1/2 of classes (20-29 pts)
- As above* for about ¼ of classes (10-19 pts)
- Few to no "quality" questions or comments* throughout quarter (0-9 pts)
* For the final point total, I will take your highest "score" from the three postings (every ~ 3 to 3-1/2 weeks) during the quarter; extra points for classes with guest speakers or group presentations by your peers.
Life gets in the way at times, but if you know you will miss more than two classes this quarter, please email me to let me know.
Short Written Exercises
There are assigned readings for most of the class meetings; these are indicated on the schedule. At the end of each week (or usually much earlier) questions/prompts that relate to the assigned readings for the following week will be posted on this course page under the corresponding course MODULE tab for that week. During most weeks, your pre-class exercise is to provide a short (approximately 1 to 1-1/2 page single-spaced) response to questions related to the assigned reading. My objective is for the material to be "fresh" in your mind just before class. By having several short written exercises, your course grade will not be disproportionately based on a final project. You'll be able to track your writing assignments and participation regularly throughout the quarter.
Each assignment is due to me via the Canvas submission portal one half-hour before the beginning of the class (with a few exceptions noted on the schedule). These questions (and others based on the reading) will be the focus of our class discussions and simulations--in small groups and in the class as a whole. A maximum of 1/2 credit (5 pts) is given if you turn in the assignment late. No assignment will be accepted more than one week past the due date (unless there is a disability-related accommodation agreement). If you know that you will miss a class, you should still email me the assignment in advance, unless you are too ill to complete the assignment.
The range for grading these assignments is as follows:
- 10 points for a thorough, thoughtful, well-written narrative response with reference to the assigned readings--and reflective response when your own opinion is requested (attention to spelling/grammar/syntax)
- 7 points for answering adequately (with reference to the readings)
- 5 points for answering partially
- 0 points for not submitting assignment and/or not addressing the reading material.
Some weeks you will not submit answers to questions, but instead will have an alternative exercise—e.g., a simulation or analysis of a case hypothetical—to turn in. There are 17 individual assignments in total --a combination of questions from the readings and case hypotheticals--including the automatic 10 points for Assignment No. 1 if you timely submit a response. I will count only 15 of these assignments in your final grade. (Therefore, you have the option of completing all but two assignments or you can earn extra points. You must also undertake and complete a comparative law project).
Group Comparative Law Project
American law has a lot to learn from other countries. Therefore, in addition to studying the United Nations international law as applied to disabled individuals, one of the objectives of this course is to investigate disability laws from other countries and compare and contrast them with the American and United Nations approaches. In small groups of approximately 4-5 students, you will choose a country that has: 1) ratified the UNCRPD, 2) submitted one or more country reports to the UN Committee and 3) received at least one response from the Committee. The first task, after choosing the country, is to do a review of the disability law in that country. Once you have a good handle on the “general” disability law, you will focus your remaining research on one aspect of the national law -- e.g., education for students with disabilities, rights in employment, rights of those with cognitive impairments, etc. The specific areas that you choose to focus on is up to the group. However, you must do some initial research to be sure that you will have information available and then clear the focus with me.
The final product from your research will be a written comparative law analysis (due June 2, 2023 @ 11:59 pm) of how well the country is currently complying with the UNCRPD standards regarding legal rights for individuals with disabilities, what you would recommend to the State Party to improve compliance and how the State Party compares with the ADA standards. The written analysis should be 8-10 pages (single space) with extra page(s) of references as needed.
In addition, your group will prepare an informal presentation of your findings for the class. This can take the form of a power point presentation with or without a brief handout. Each group will have approximately 25-35 minutes to present the highlights of your research (including time for questions and answers). The presentation format is a group decision; these presentations will be held on May 30 and June 1.
The first project assignment due date is April 18, 2023--and there will be various interim assignments to help pace your progress and avoid cramming to complete the paper at the end of the quarter. NOTE: The list of countries who have ratified and submitted initial reports is available on the UNCRPD ratification website. You can search (by country/geographic region, human rights treaty, document type and date) on the UN Treaty Bodies Database to review the CPRD-related reports, inquiries, observations, etc. that have been submitted to date. For general UN-related resources on disability, visit the UN Dep't of Social & Economic Affairs website.
There are 100 points available for this assignment. The 8-10 page comparative analysis is worth 40 points and the in-class presentation/discussion is worth 40 points--for which everyone in the group gets the same grade. An additional 20 points are earned individually by satisfactory completion of two "Group Research Experience Summaries." This summary is a one-page narrative of how your group approached the task—and what grade (points) you believe your group deserves.
See Preliminary, Post Hoc and Ad Hoc MODULE (Group Research Policy Project: Grading Rubric, etc.) for more detailed instructions and grading methodology.
Disability Studies Librarian Matthew Parsons is available to meet individually or with small groups. There is also a general Disability Studies Research Guide.
Discussions: This page is designed as a space where students can ask general questions about the course. It's the place to ask for clarification if you encounter something in the course that seems vague or ambiguous, or if you have a question you're unable to answer with the information provided in the course. Posting your question in DISCUSSIONS (in course navigation menu), rather than by email might help other students who have the same question.
Access and Accommodations: Your success in this class is important to me. If you have already established accommodations with Disability Resources for Students (DRS), please communicate your accommodations to me at your earliest convenience so we can discuss your needs in this course.
If you have not yet established services through DRS, but have a temporary health condition or permanent disability that requires accommodations (conditions include but not limited to; mental health, attention-related, learning, vision, hearing, physical or health impacts), contact DRS at 206-543-8924 or uwdrs@uw.edu or visit disability.uw.edu. DRS offers resources and coordinates reasonable accommodations for students with disabilities and/or temporary health conditions. Reasonable accommodations are established through an interactive process between you, DRS and me. It is my policy and practice (and UW’s as well) to create inclusive and accessible learning environments consistent with federal and state law.
It is UW policy to accommodate student absences or significant hardship due to reasons of faith or conscience, or for organized religious activities. The UW’s policy, including more information about how to request an accommodation, is available here. Please request accommodations within the first two weeks of the quarter by using this form.
MASKS ARE HIGHLY RECOMMENDED for all students, faculty, staff and other members of the Disability Studies community who attend in-person class meetings, office hours and in-person events and activities. Continuing the use of masks will help to make our learning spaces and workplaces as accessible as possible and to protect everyone, especially at this time when there are fewer COVID safety precautions on and off campus.Read the DSP Statement on COVID Precautions.
For campus Mental Health Resources and Care, please visit: here.
Please email/talk with me about any concerns you may have. Make an appointment or see me after class to set a time. In addition to the mid-quarter anonymous evaluation which I will ask you to complete, I always welcome feedback on particular readings, class discussion and exercises.
While I’d like to think that you are here for self-directed learning—the acquisition of knowledge and skills, and to share your thoughts, reflections and experience—I know that concern about your grade may preoccupy you. There are opportunities for you to both take a break and to boost your grade. If you have any concern at all about your progress in the course, don’t wait until the last 2 weeks, much less after grades are posted, to contact me.
We begin the quarter by acknowledging that the University of Washington resides on the ancestral land of the Coast Salish Peoples, including the Lushootseed-speaking Duwamish Tribe past and present. We thank the Duwamish and other native peoples for providing us the opportunity to obtain an education on their ancestral lands. [See fuller statement in Preliminaries MODULE].