Effectively Implementing Title 1 of the Americans with Disabilities Act for Mentally Disabled Persons: A Therapeutic Jurisprudence Analysis

This article discusses the potential impact that Title I has on the lives of individuals with mental disabilities and methods by which it can be most effectively implemented and enforced. The following section discusses the potential impact that Title I can have on the lives of the mentally disabled, specifically in the areas of independent living and quality of life. Part III will examine problems enforcing Title I which interfere with the ability of the mentally disabled to fully benefit from the statute. The second half of this article discusses how to best implement and enforce Title I from a therapeutic jurisprudence perspective.

Specifically, Part IV will discuss the therapeutic value of Title I to the mentally disabled. The use of litigation and Alternative Dispute Resolution as possible methods of enforcing Title I will be explored, with emphasis on the therapeutic aspects of each method.