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This study aims to investigate the field where law, sexuality and disability meet, with a particular focus on constitutional law. Through the use of comparative law and an interdisciplinary approach, the study will try to understand whether the law might have a role in overcoming social barriers affecting people with disabilities in the sphere of sexuality, and which are the criteria the State should follow when intervening in this complex field. Drawing on different notions of disability, we will sketch how law itself is slowly enacting a paradigm shift in disability law, while leaving outside some of the ultimate inquiries elaborated by disability theorists. It is the case of the issue of sexuality, which still remains a "silenced discourse" both on the international and domestic level. In spite of its relevant legal implications (e.g. forced sterilization and legal denial of sexual agency) and recent efforts to secure its negative aspects, the right to sexuality for people with disabilities has not been the object of positive measures, with few exceptions (e.g. Denmark). One of the most debated instruments in this field is currently sexual assistance: a controversial praxis, even in its definition and boundaries. It was observed, both at the domestic level and by comparative analysis, that the legal status and the factual development of this tool is strictly linked to the regulation on sex working. An alternative solution, namely framing sexual assistance as a form of personal assistance in Italy, will be theorized. Sexual assistance, however, is condemned to be ineffective if not surrounded by other tools (such as inclusive sexual education, sexual counselling etc.) aimed at fostering self-determination in the sexual sphere for people with disabilities. These policies need to be developed down the constitutional path already traced by the jurisprudence, starting from the experience and questions of people with disabilities and using flexible sources of law rather than hard law. In this way law could contribute to the social change needed to dismantle social barriers and discrimination experienced by people with disabilities in the field of sexuality and grant them full participation in all areas of life

No / The Law Express series is designed to assist students in effective exam revision by guiding users in understanding the basic concepts, the recall and application of key legislation in the exam environment.

Thesis (Ed.D.)--Boston University / PLEASE NOTE: Boston University Libraries did not receive an Authorization To Manage form for this thesis or dissertation. It is therefore not openly accessible, though it may be available by request. If you are the author or principal advisor of this work and would like to request open access for it, please contact us at open-help@bu.edu. Thank you. / This study explores the constitutionality of religion-based charter schools. The method of analysis used hypothetical charter schools to answer legal questions. The answers are grounded in law using the latest precedent. The background material before examining charters sets forth both the legal and policy contexts of religious charters schools. The legal context includes a detailed analysis of the Establishment Clause of the U.S. Constitution focusing on the most recent Supreme Court cases on that topic. The policy analysis examines the normative and structural dimensions of charter schools, which are then compared with voucher programs. The historical, political and educational contexts of charter programs are also examined. Three hypothetical situations examine a total of eighteen legal questions: Can coreligionists form a charter school? Can morality-based general propositions of good be taught in a charter school? Can a charter school teach values espoused by coreligionists? Can a charter school teach a course in the relationship between religion and morality? Can a charter school have religious criteria for staff? Can a charter school limit a teacher's right to express different worldviews? Can a charter school offer optional prayer? Can a charter school form for the purpose of allowing students' ease of access to religious education? Can a charter school form to provide students, who would otherwise attend parochial schools, with a free, secular public education? Can clergy sit on the board of a charter school? Can a charter school share facilities with a parochial school? Can a religious organization operate a charter school? Can a charter school have religious criteria for admission? To what extent can a religion class be taught in a charter school? Can a charter school require religious instruction? Can a charter school require religious exercises or worship? Can a charter school affiliate with a denomination? Can states exclude religious organizations from operating charter schools? Each question is analyzed from a legal perspective. The study concludes that charter statutes present an opportunity for parents and communities to form charter schools that will accommodate their beliefs; however, the constitution does not allow them to form schools that endorse their beliefs. / 2999-01-01

published_or_final_version / Law / Master / Master of Philosophy

No description available.

AMERICAN CONSTITUTIONAL LAW, Volumes I and II, combines cases, decisions, and authorial commentary to maximize your learning and understanding in this course. These comprehensive volumes cover the entire range of topics in constitutional law. Volume I examines the institutional aspects of constitutional law; Volume II deals with civil rights and liberties. Each of the chapters includes an introductory essay providing the legal, historical, political, and cultural context of Supreme Court jurisprudence in a particular area of constitutional interpretation. Each chapter also contains several boxed features (labeled "Case in Point" and "Sidebar") to provide additional perspective and context for the set of edited decisions from the United States Supreme Court cases that follow. In selecting, editing, and updating the materials, the authors emphasize recent trends in major areas of constitutional interpretation, as well as many landmark decisions, some of which retain importance as precedents while others illustrate the transient nature of constitutional interpretation. Because the book provides a good balance of decisions and authorial commentary, this text appeals to instructors of law as well as instructors of political science. / https://dc.etsu.edu/etsu_books/1021/thumbnail.jpg

Thesis (LL. M)--York University, 2002. / "Graduate Programme in Law." Includes bibliographical references (leaves 157-168). Also available on the Internet. MODE OF ACCESS via web browser by entering the following URL: http://wwwlib.umi.com/cr/yorku/fullcit?pMQ75397.

published_or_final_version / Law / Master / Doctor of Legal Studies