While serving as a full-time associate professor of law, Franklin dedicated time to legal scholarship. His articles, centered on Title II of the Americans with Disabilities Act, demonstrate Franklin’s creative approach to the law.
In PRESERVING PROMETHEUS’ PRECIOUS GIFT: TITLE II OF THE AMERICANS WITH DISABILITIES ACT IMPOSES AFFIRMATIVE, ANTI-DISCRIMINATION OBLIGATIONS UPON MUNICIPALITIES, PROVIDING A SEEMINGLY UNWELCOME MODEL FOR THE ENFORCEMENT OF TRADITIONAL CIVIL RIGHTS LEGISLATION (Copyright (c) 2004 Columbia University National Black Law Journal), Franklin argues that Title II of the Americans with Disabilities Act, with its emphasis on taking care of municipalities, provides an appropriate model for analysis of Civil Rights claims on behalf of individuals.
In essence, Title II of the ADA (Title II) frees plaintiffs from bearing the burden of the very difficult state of mind element of proof, wherein plaintiffs must prove that a defendant consciously deprived one or more victims of rights protected by the Constitution or other federal laws. Under Title II, the disparate impact standard looks purely to whether (1) a person is disabled, and (2) a covered governmental entity provides the entitled service, benefit, or program. These concepts are further illuminated within A NEW RIDE: USING TITLE II AS A CIVIL RIGHTS VEHICLE TO AMERICAN SOCIETY’S ELUSIVE “LEVEL PLAYING FIELDS (Copyright (c) American Journal of Trial Advocacy; 2004)
“Where the spirit does not work with the hand, there is no art.“
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