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Articles 1 - 15 of 15
Full-Text Articles in Law
Testing The Limits Of Virtual Compliance: Website Accessibility, "Tester" Plaintiffs, And Article Iii Standing Under The Ada, Ashlyn Dewberry
Testing The Limits Of Virtual Compliance: Website Accessibility, "Tester" Plaintiffs, And Article Iii Standing Under The Ada, Ashlyn Dewberry
Georgia Law Review
Federal courts have split in determining whether “tester” plaintiffs bringing suit under the ADA assert the requisite injury in fact necessary for Article III standing. These “website accessibility testers” allege that defendants’ websites do not make certain information available to disabled persons in violation of Title III of the ADA and one of its implementing regulations. This split presents an excellent opportunity to clarify which informational and stigmatic harms qualify as injuries in fact for Article III standing purposes. This Note argues that ADA website accessibility testers cannot obtain standing under current law. Neither the text of the ADA nor …
The Role Of Human Rights Indicators In Assessing Compliance With The Un Convention On The Rights Of People With Disabilities, Arlene S. Kanter
The Role Of Human Rights Indicators In Assessing Compliance With The Un Convention On The Rights Of People With Disabilities, Arlene S. Kanter
Georgia Law Review
In recent years, international human rights treaties have come under attack for failing to fulfill their promise. While it may be true that human rights treaties have not realized their full potential in every case, there is little discussion about how to measure the impact of treaties. This Article explores the ways in which we measure compliance with human rights treaties, focusing on the Convention on the Rights of People with Disabilities (CRPD). The CRPD entered into force in 2008. Since then, 188 States Parties have ratified it. In addition, the Office of the High Commissioner for Human Rights recently …
Judicial Threats To Olmstead And The Americans With Disabilities Act, Jean Mangan, Andrea L. Dennis
Judicial Threats To Olmstead And The Americans With Disabilities Act, Jean Mangan, Andrea L. Dennis
Scholarly Works
The authors examine the U.S. Supreme Court decision in Olmstead v L.C. ex rel. Zimring and related Supreme Court rulings that could raise questions about the Americans With Disabilities Act's guarantee of care in integrated settings and about which governmental entity's interpretation should be respected when deciding whether a state has met its integration obligation. After reviewing statutes, administrative regulations, and judicial decisions, the authors conclude that Olmstead's integration mandate will likely stand, but actions should be taken to codify the rule in federal and state statutes so that governmental agencies will continue to have the authority to ensure compliance …
Unacceptable Risk: The Failure Of Georgia’S “Guilty But Intellectually Disabled” Statute And A Call For Change, Logan Purvis
Unacceptable Risk: The Failure Of Georgia’S “Guilty But Intellectually Disabled” Statute And A Call For Change, Logan Purvis
Georgia Law Review
In 1988, Georgia became the first state in the nation to prohibit the execution of intellectually disabled criminal defendants. At the time, this groundbreaking action played a critical role in shaping the national debate surrounding the criminal justice system’s treatment of this group of individuals, culminating in the United States Supreme Court’s own prohibition in 2002. A drafting error in Georgia’s statute, however, created a highly prejudicial process for determining intellectual disability, all but ensuring that the law’s protections are unattainable for those who seek it. Despite this error, Georgia’s process has remained the same since the statute’s enactment with …
Upholding Disability Rights In The Americas: The Role Of The Inter-American Institutions, Ying Chen, Paul Mcdonough
Upholding Disability Rights In The Americas: The Role Of The Inter-American Institutions, Ying Chen, Paul Mcdonough
Georgia Journal of International & Comparative Law
This Article studies how the adjudicative institutions created by the Inter-American Convention on Human Rights (ACHR) have worked to uphold the rights of persons with disabilities. It argues that those institutions, the Inter-American Commission on Human Rights (the Commission or IACHR) and the Inter-American Court of Human Rights (the Court or IACtHR), have begun to construct a regime of enforceable rights of persons with disabilities by applying international rules and interpretations to fill gaps in a relatively sparse Inter-American disability rights treaty framework. To buttress general principles of equality and non-discrimination with specific rights, the Commission and the Court have …
Can The U.S. Use A Reservation To Alleviate Sovereignty Concerns Regarding The Convention On The Rights Of Persons With Disabilities?, Candace Farmer
Can The U.S. Use A Reservation To Alleviate Sovereignty Concerns Regarding The Convention On The Rights Of Persons With Disabilities?, Candace Farmer
Georgia Journal of International & Comparative Law
No abstract provided.
Understanding Disability Under The Convention On The Rights Of Persons With Disabilities And Its Impact On International Refugee And Asylum Law, Vandana Peterson
Understanding Disability Under The Convention On The Rights Of Persons With Disabilities And Its Impact On International Refugee And Asylum Law, Vandana Peterson
Georgia Journal of International & Comparative Law
No abstract provided.
Laissez Fair:The Case For Alternative Litigation Funding And Assignment Of Lawsuit Proceeds In Georgia, David T. Adams
Laissez Fair:The Case For Alternative Litigation Funding And Assignment Of Lawsuit Proceeds In Georgia, David T. Adams
Georgia Law Review
This Note discusses the value of alternative litigation funding (ALF) and the legal challenges affecting the ALF industry in Georgia. More specifically, it identifies a way to maximize ALF's benefits for plaintiffs with personal tort and employment discrimination claims. Tort victims who are rendered incapable of working, and employees who have lost jobs because of workplace discrimination or retaliation,face immediate financial burdens-they may be unable to afford food, housing, health care, transportation, and other necessities. This economic pressure often forces plaintiffs to settle quickly for less than the value of the harm inflicted. But ALF companies offer a workable solution …
Equality And The European Union, Elizabeth F. Defeis
Equality And The European Union, Elizabeth F. Defeis
Georgia Journal of International & Comparative Law
No abstract provided.
Evading Promises: The Promise Of Equality Under U.S. Disability Law And How The United Nations Convention On The Rights Of Persons With Disabilities Can Help, Rachel H. Hinckley
Evading Promises: The Promise Of Equality Under U.S. Disability Law And How The United Nations Convention On The Rights Of Persons With Disabilities Can Help, Rachel H. Hinckley
Georgia Journal of International & Comparative Law
No abstract provided.
Beyond A Reasonable Doubt: The Constitutionality Of Georgia's Burden Of Proof In Executing The Mentally Retarded, Veronica M. O'Grady
Beyond A Reasonable Doubt: The Constitutionality Of Georgia's Burden Of Proof In Executing The Mentally Retarded, Veronica M. O'Grady
Georgia Law Review
In 2002, the Supreme Court in Atkins v. Virginia announced that executing mentally retarded defendants violates the Constitution. Georgia's standard for determining whether a criminal defendant is mentally retarded-and therefore ineligible for the death penalty- is the highest in the nation, requiring defendants to prove mental retardation to a jury, during the guilt and innocence phase, beyond a reasonable doubt. As in the case of Warren Lee Hill, Jr., this high burden necessarily results in Georgia executing defendants who are almost certainly mentally retarded,arguably violating the Atkins directive. Though once the first state to create a ban on executing the …
Convention On The Rights Of Persons With Disabilities - Testimony Of Timothy L. Meyer Before The U.S. Senate Committee On Foreign Relations, Timothy L. Meyer
Convention On The Rights Of Persons With Disabilities - Testimony Of Timothy L. Meyer Before The U.S. Senate Committee On Foreign Relations, Timothy L. Meyer
Presentations and Speeches
Testimony of Timothy L. Meyers before the U.S. Senate Foreign Relations Committee on November 5, 2013 concerning the Convention on the Rights of Persons with Disabilities.
Martinizingtitle I Of The Americans With Disabilities Act, Nicole B. Porter
Martinizingtitle I Of The Americans With Disabilities Act, Nicole B. Porter
Georgia Law Review
Prior to the ADA Amendments Act of 2008, relatively
few cases proceeded past the initial inquiry of whether the
plaintiff was covered by the ADA. Consequently, the scope
of an employer's obligation to provide a reasonable
accommodation to an individual with a disability remains
under-developed and under-theorized. Now that the
Amendments have made it easier for plaintiffs to prove
that they have a disability under the ADA, we can expect
to see more courts struggling with many difficult
reasonable accommodation issues. The current case law is
chaotic, providing little guidance to employers and courts
in determining whether an accommodation is …
Impairment As Protected Status: A New Universality For Disability Rights, Michelle A. Travis
Impairment As Protected Status: A New Universality For Disability Rights, Michelle A. Travis
Georgia Law Review
This Article analyzes the fundamental change to federal
civil rights law that Congress accomplished through the
ADA Amendments Act of 2008 (the ADAAA). Congress
enacted the ADAAA in response to a series of United States
Supreme Court opinions that had narrowly interpreted the
definition of disability in the Americans with Disabilities
Act of 1990. Although many commentators have
recognized the ADAAA's intent to restore the class of
individuals with disabilities to the breadth that Congress
originally intended, this Article argues that the ADAAA
accomplished something more significant: it extricated
disability from the broader concept of impairment. As a
result, the …
Disability, Deference, And The Integrity Of The Academic Enterprise, Anne Proffitt Dupre
Disability, Deference, And The Integrity Of The Academic Enterprise, Anne Proffitt Dupre
Scholarly Works
Congress has established a complex set of laws regarding the education of disabled students. This Article discusses the obligations the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, and the Individuals with Disabilities Education Act impose on schools and focuses on how courts interpreting these statutes address the decisions of educators regarding how best to educate disabled students. Professor Dupre brings to light a striking contrast between how courts regard the decisions of educators in higher education as opposed to the decisions of educators in primary and secondary schools, routinely according the former considerable deference while often …