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Index
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Index Access to courts, 61–66 “persons with disabilities,” 89, 124 federal law, 61–65 state law, 65–66 Deaf as having legal disability under , 125, 127 Accuracy as standard for interpreting, 72, 74, 173 definition of disability, 124–28 effective communication. See EffecADA . See Americans with Disabilities Act of 1990 tive communication history of, 122–23 Affirmation as nonmanual signal, 30– 31, 40, 41, 55–59 inadequacy of enforcement, 135 injunctive relief under Title III, 140 Affirmative action, 116, 121–22, 153 Agostino, T., 90 legal language used in, 97–98 notice requirements, 85–86 Aikens v. St. Helena Hospital (1994), 140 qualified interpreter, defined, 64–65 Ambiguity in lay and legal contexts, 82–167 reasonable accommodation, 128– 32. See also Reasonable accomin testimony, 3–5 in translation, 9–11 modation reasonable modifications, 62 American Sign Language (ASL) differences from other languages, regulations promulgated under, 97–98 28–29, 67–68 interpretation for Deaf jurors, significant improvement of condition possible, not covered dis67 –68 morphologically complex words, ability, 127–28 Title II and state and local agen37 nonmanual signals and, 29–34, cies, 61–65 Title III and places of public accom173 . See also Nonmanual signals modation, 96–97, 140 undue hardship, 129–32, 154 police interrogations and, 19 structure of, 67–68 Anti-miscegenation statute, 108 Appropriate public education, 146, using in schools, 110–11 Americans with Disabilities Act of 148, 154 Archaic terminology, 88–90 1990 (ADA), 19, 83 applicability Arrest. See also Miranda warnings interrogation of Deaf suspects and, to Internet, 96–97 to non-citizens, 84 24–26 as police power, 21 to U.S. only, 84 auxiliary aids and services, 63–65, ASL. See American Sign Language Assault vs. battery, 82 132–34 case law construing, 103–4 Attorneys. See also Right to counsel hiring of, 1 change from “handicapped” to 179 Attorneys (continued): Comparative structure and syntactic nonmanual signals, 33, 41, interpreters required for Deaf clients , 96 55–59 Comprehensibility Auxiliary aids and services, 63–65, 132–34 interrogation of Deaf suspects, research study of native judgments of, 42–45 Bakke case (1978), 121–22 Battery vs. assault, 82 findings, 44–45 method, 42–44 Bien, Mitchell, 11–18 Bill of Rights, 26, 105. See also spe- Conditionals and syntactic nonmanual signals, 31–32, 41, 42, cific amendments Board of Education v. Rowley 55–59 Confessions. See also Interrogation of (1982), 145–47 Board of Trustees of Univ. of Ala- Deaf suspects admissibility when Deaf suspect, bama; United States v. (1990), 133 21, 23 purpose of, 26 Board of Trustees of Univ. of Alabama v. Garrett (2001), 104 Confidentiality and interpreters, 141 Connecticut Association of the Deaf Bridges, B., 30, 34–35 Brown v. Board of Education (1954), v. Middlesex Memorial Hospital (1998), 133 113, 143–44, 152 Buck v. Bell (1927), 107–8 Connecticut law Deaf jurors, interpreters for, 66 Burgdorf, Robert, 121 Constitution, U.S., 105. See also specific amendments California statutes and rules interpreters for disabled jurors, 66 Consumer protection and plain English requirements, 87–88 interpreters to convey meaning, not verbatim message, 71 Contact signing, 68, 78 Counsel. See Attorneys; Right to Captioning, 95–96, 134–35 Car sale to Deaf buyer, 11–16, 17, counsel Court interpreting, 69–72. See also Ju168 , 170 Cardozo, Benjamin, 95 rors, interpreting for standards for, 70–72 Child custody cases and legal language , 94–95 types of, 69–70 Courtroom culture, 1, 5, 172 Civil Rights Act of 1866, 105 Civil Rights Act of 1962, 120 Criminal Interrogation and Confessions (Inbau), 172 Civil Rights Act of 1964, 113–14, 119–20 Criminal justice system compared with civil system, 170–71 compared to Rehabilitation Act, 121 interrogation. See Interrogation of Deaf suspects Cleburne, City of v. Cleburne Living Center (1985), 114–16 Miranda warnings. See Miranda warnings Cochlear implants, 127–28 Code of Federal Regulations, 101 purpose and procedures of, 23–24 Culturally Deaf people, 125 Communications Act of 1934, 95 180 : I n d e x [3.235.130.73] Project MUSE (2024-03-29 00:49 GMT) Daubert v. Merrell Dow Pharmaceuti- Discrimination and Equal Protection, 105–7 cals (1993), 169–70 Deaf persons suspect classification, 108–9, 111–14 in car purchase negotiations, 11– 16, 17, 168, 170 Dred Scott case, 105 Drunk driving and field sobriety testrole of linguist, 13–18 in criminal cases, 27–28. See also ing, 137–38 Interrogation of Deaf suspects culturally Deaf people, 125 Education for All Handicapped Children Act. See now Individuals as...