Realizing The Americans with Abilities Act: Promoting Civil Rights & Capabilities in the Service of Individuals with Brain Injury

Authors

Zachary E. Shapiro, Weill Cornell Medical College
Tiffany Li
Kaiulani S. Shulman
Melisa Olgun
Chantelle van Wiltenburg
Molly Teague
Emma Kromm
Brandy Allen
Elliot E.C. Ping
John D. Bowers
Rebecca Harris
Nayla Basma
Apurv Hirsh Shekhar
Gregory E. Antill
Megan S. Wright, Penn State Law and Penn State College of Medicine
Joseph J. FIns, Weill Cornell Medical College

Abstract

Brain injuries often result in varying degrees of impairment to communication and cognitive processes, impeding an individual’s ability to engage in daily activities, participate in social interactions, and achieve independence. This paper builds upon our legislative proposal from Designing An Americans With Abilities Act: Consciousness, Capabilities, and Civil Rights, published in the Boston College Law Review in 2022. That paper proposed new legislation called “The Americans with Abilities Act” (“AWAA”), a comprehensive framework for the effective development, uptake, and utilization of advanced assistive technology (“AT”). These technologies aid individuals with brain injuries in realizing their capabilities and reintegrating into broader society.

Addressing the crucial need for person-centered disability legislation, the AWAA would establish a comprehensive and coordinated governmental effort to assist the recovery journey of brain injury survivors and their families. It does this through establishing tailored support networks and new mechanisms for improved research, development, and uptake of accessible AT. When offered to those with brain injuries, AT can foster communication and improve reintegration.

This paper builds on our 2022 paper, focusing on administrative law and civil rights to introduce a central component of the AWAA: an innovative interagency committee called “The Interagency Committee for Brain Injury Recovery” (“ICBIR”). The ICBIR will synergize efforts among healthcare providers, technology experts, rehabilitation specialists, those with brain injuries and their family members, to create cohesive individualized care plans. These plans will more effectively address the multifaceted needs of brain injury survivors throughout their long recovery, while supporting their civil liberties and fostering reintegration.

Our legislation includes a structured framework that ensures equitable access to rehabilitation, medical support, and state-of-the-art AT tailored to the needs of brain injury survivors. These benefits improve independence, quality of life, and communication. By facilitating effective communication, cognitive rehabilitation, and community reintegration, the AWAA aims to address the unique challenges that brain injury survivors encounter during their recovery process. The AWAA will also nurture the independence and well-being of brain injury survivors by broadening their capabilities, thus enhancing their prospects for community reintegration and independent living.

Through a person-centered administrative law approach, the AWAA and its constitutive ICBIR catalyze governmental support systems for brain injury survivors by bolstering their capabilities and safeguarding their civil rights. Ultimately, this legislative endeavor exemplifies a transformative step toward fostering inclusivity, maximizing potential, and creating a society that embraces diverse abilities.

Recommended Citation

Zachary E. Shapiro, Tiffany Li, Kaiulani S. Shulman, Melisa Olgun, Chantelle van Wiltenburg, Molly Teague, Emma Kromm, Brandy Allen, Elliot E.C. Ping, John D. Bowers, Rebecca Harris, Nayla Basma, Apurv Hirsh Shekhar, Gregory E. Antill, Megan S. Wright, and Joseph J. FIns, Realizing The Americans with Abilities Act: Promoting Civil Rights & Capabilities in the Service of Individuals with Brain Injury, 76 UC Law SF L.J. 1597 (2025).
Available at: https://repository.uclawsf.edu/hastings_law_journal/vol76/iss6/5