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Recent Articles

The Current State of Guardianship Law Furthering a Need for Supported Decision-Making in Connecticut

Julia R. Vassallo

Despite living in a society that values autonomy and individual thought, people with disabilities in the United States are continually subjected to oppression and discrimination, often in the name of a “well-intentioned” paternalistic desire to protect such individuals. Legally recognized protective orders, including guardianships and conservatorships, are often used to restrict the autonomy of people with disabilities, including individuals with intellectual and/or developmental disabilities, individuals with mental health disorders, and aging individuals experiencing Alzheimer’s or other degenerative diseases that have the ability to impact an individual’s cognitive functioning. While guardianships and conservatorships may be appropriate in a number of circumstances, for the majority of the disability community, such mechanisms are overbroad, stripping people with disabilities of the ability to make decisions regarding their own legal, health, financial, and personal affairs. (more…)

Ensuring Climate Litigants’ Standing: Insights from National and International Climate Litigation

Florence T.B. Simon

In March 2023, the Intergovernmental Panel on Climate Change (IPCC) released its Sixth Assessment Report and confirmed unequivocally that human activities are the cause of climate change. Greenhouse gas emissions over the next few years are capable of causing irreversible and catastrophic damage to our planet. Catalyst litigation plays an important role in tackling climate change by prodding governments to assume a role in implementing adaptation and mitigation measures. Despite the extreme consequences that climate change will have on humanity, jurisdictional issues—such as standing—impose considerable hurdles for climate litigants. And these hurdles ultimately keep plaintiffs from obtaining a ruling, or even a discussion, on the merits of their case. (more…)

Practiced Peril: The Flawed Role of Experience in Accidental Death Determinations

Casey M. Corvino

Words often carry an intuitive meaning that defies explicit definition. While this vagueness typically poses no issue in our daily lives, it presents distinct challenges within the legal realm where words and their definitions wield the power to influence the course of justice. One abstract concept is notoriously elusive: what is an accident? Despite the apparent simplicity of identifying what is commonly understood implicitly, there are inherent challenges in “giving substance to a concept which is largely intuitive.” (more…)

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