Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- DePaul University (4)
- University of Pittsburgh School of Law (4)
- New York Law School (3)
- Touro University Jacob D. Fuchsberg Law Center (3)
- University of Cincinnati College of Law (3)
-
- University of Colorado Law School (3)
- University of Pennsylvania Carey Law School (3)
- Pepperdine University (2)
- Vanderbilt University Law School (2)
- American University Washington College of Law (1)
- Barry University School of Law (1)
- Osgoode Hall Law School of York University (1)
- Pace University (1)
- Saint Louis University School of Law (1)
- University of Georgia School of Law (1)
- University of Maine School of Law (1)
- University of Maryland Francis King Carey School of Law (1)
- University of Tennessee College of Law (1)
- University of Tulsa College of Law (1)
- University of the District of Columbia School of Law (1)
- Publication Year
- Publication
-
- All Faculty Scholarship (4)
- Articles (4)
- Articles & Chapters (3)
- Faculty Articles and Other Publications (3)
- College of Law Faculty (2)
-
- Mark C. Weber (2)
- Publications (2)
- Touro Law Review (2)
- Vanderbilt Law Review (2)
- American University Journal of Gender, Social Policy & the Law (1)
- Articles & Book Chapters (1)
- Articles, Chapters in Books and Other Contributions to Scholarly Works (1)
- Elisabeth Haub School of Law Faculty Publications (1)
- Faculty Scholarship (1)
- Georgia Journal of International & Comparative Law (1)
- Journal Articles (1)
- Journal of Race, Gender, and Ethnicity (1)
- Maine Law Review (1)
- Maryland Law Review (1)
- Pepperdine Dispute Resolution Law Journal (1)
- Pepperdine Law Review (1)
- Scholarly Works (1)
- University of Colorado Law Review Forum (1)
- Publication Type
Articles 31 - 38 of 38
Full-Text Articles in Law
The Interaction Of The Ada, The Fmla, And Workers' Compensation: Why Can't We Be Friends?, S. Elizabeth Malloy
The Interaction Of The Ada, The Fmla, And Workers' Compensation: Why Can't We Be Friends?, S. Elizabeth Malloy
Faculty Articles and Other Publications
This Article addresses some of the issues that arise when an employee injured at work qualifies for leave under the ADA, the FMLA and workers' compensation statutes. Part II of the Article provides a brief overview of these
three statutory schemes, focusing on the provisions, which define employee and employer qualification and the rights and responsibilities surrounding leave due to a work-related injury. Part III examines how the courts have resolved some of the overlapping and conflicting provisions contained in these statutes. This section particularly focuses on how the courts address employer obligations under all three statutes when an employee …
Infected Judgment: Legal Responses To Physician Bias, Mary Crossley
Infected Judgment: Legal Responses To Physician Bias, Mary Crossley
Articles
Substantial evidence indicates that clinically irrelevant patient characteristics, including race and gender, may at times influence a physician's choice of treatment. Less clear, however, is whether a patient who is the victim of a biased medical decision has any effective legal recourse. Heedful of the difficulties of designing research to establish conclusively the role of physician bias, this article surveys published evidence suggesting the operation of physician bias in clinical decision making. The article then examines potential legal responses to biased medical judgments. A patient who is the subject of a biased decision may sue her doctor for violating his …
Something Borrowed, Something Blue: Why Disability Law Claims Are Different, S. Elizabeth Malloy
Something Borrowed, Something Blue: Why Disability Law Claims Are Different, S. Elizabeth Malloy
Faculty Articles and Other Publications
Described as one of the century's most significant pieces of civil rights legislation, the Americans with Disabilities Act of 1990' has been widely hailed as establishing a new foundation for disability policy Senator Harkin, the primary sponsor of the law, called it "the 20th century Emancipation Proclamation for all persons with disabilities." President Bush predicted that the Act would "open up all aspects of American life to individuals with disabilities" and end the "unjustified segregation and exclusion of persons with disabilities from the mainstream of American life."
Congress enacted the ADA to ensure "equality of opportunity, full participation, independent living …
Accommodating The Learning Disabled Student On Campus, Oren R. Griffin
Accommodating The Learning Disabled Student On Campus, Oren R. Griffin
Articles, Chapters in Books and Other Contributions to Scholarly Works
Each year nearly 19 million persons matriculate at American colleges and universities as undergraduate or graduate students. A substantial segment of these students are disabled. For disabled students matriculating through American higher education institutions, a tremendous battle is being waged as to the educational experience afforded those students with learning disabilities." Lawyers, educators and students are embroiled in a complex tug-of war that will have a lasting impact on higher education. This article examines some of the legal issues that will undoubtedly challenge those seeking to strike a balance between hard-line advocates for disabled students and educational professionals required to …
Current Issues Regarding The Americans With Disabilities Act, John-Paul Motley
Current Issues Regarding The Americans With Disabilities Act, John-Paul Motley
Vanderbilt Law Review
President George Bush, noting that "statistics consistently demonstrate that disabled people are the poorest, least educated, and largest minority in America," signed the Americans with Disabilities Act ("ADA") into law in 1990. The ADA prohibits private employers from discriminating against a "qualified individual with a disability" in employment decisions. The Act defines a disability in one of three ways: (1) a physical or mental impairment that substantially limits one or more major life activities; (2) a record of such an impairment; or (3) being regarded by others as having such an impairment. The ADA also prohibits employers from inquiring into …
Rights, Remembrance And The Reconciliation Of Difference, David Engel, Frank W. Munger
Rights, Remembrance And The Reconciliation Of Difference, David Engel, Frank W. Munger
Articles & Chapters
Rights in American society present a paradox-critics increasingly assert that proliferation of rights is undermining Americans' sense of community, yet scholars continue to document Americans' reluctance to assert formal legal rights. We explore the meaning of rights in American society by describing the intersection between the evolving civil rights of a previously excluded minority, culminating in the, and the personal histories of two individuals who might potentially invoke or benefit from such rights. Tracing the life stories of "Sara Lane" and 'Jill Golding" from childhood through adolescence to adulthood and employment, we relate the everyday relevance or irrelevance of law …
Hospitalized Patients And The Right To Sexual Interaction: Beyond The Last Frontier, Michael L. Perlin
Hospitalized Patients And The Right To Sexual Interaction: Beyond The Last Frontier, Michael L. Perlin
Articles & Chapters
No abstract provided.
The Americans With Disabilities Act: Analysis And Implications Of A Second-Generation Civil Rights Statute, Robert L. Burgdorf Jr.
The Americans With Disabilities Act: Analysis And Implications Of A Second-Generation Civil Rights Statute, Robert L. Burgdorf Jr.
Journal Articles
Martin Luther King, Jr. once wrote that our nation's civil rights laws were a "sparse and insufficient collection of statutes ... barely a naked framework."' On their faces, many federal civil rights statutes constitute little more than broad directives that "Thou shalt not discriminate." Broadly worded statements outlawing discrimination were the optimal approach to statutory draftsmanship in light of the controversial nature of the civil rights laws passed in the 1960s and 1970s. The drafters of these statutes needed to craft language that would be palatable to a majority of the members of Congress while still having a meaningful impact …