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Full-Text Articles in Law

Disability And Transnational Arbitration: Human Rights Linkages And Reasonable Accommodations, Ilias Bantekas Apr 2023

Disability And Transnational Arbitration: Human Rights Linkages And Reasonable Accommodations, Ilias Bantekas

William & Mary Business Law Review

Disability intersects with arbitration as regards the mental capacity of a party to enter into an arbitration agreement, the appointment of arbitrators with disability and grounds for removal thereof, accommodations during arbitral proceedings for arbitrators and counsel with disabilities, as well as the costs for all appropriate accommodations. This Article demonstrates that the right to a fair trial, which is universally recognized in arbitration, dictates that parties and arbitral institutions be free to select arbitrators of their choice, and no impediments may be imposed against arbitrators with disabilities other than that they are able to fulfill the functions of their …


Assessing The Accessibility Of The Judicial System's Arrest-To-Parole Timeline For People Who Are D/Deaf And Hard-Of-Hearing, Evelyn G. Birnbaum Jun 2022

Assessing The Accessibility Of The Judicial System's Arrest-To-Parole Timeline For People Who Are D/Deaf And Hard-Of-Hearing, Evelyn G. Birnbaum

University Honors Theses

The judicial system is inaccessible to many groups of people for a variety of reasons, one of those populations being the d/Deaf and Hard of Hearing community (DHH). This community faces prejudice and discrimination in many institutions because of their identity, but within the justice system, this prejudice is compounded and controlled by poor legislation and either the lack of, or barriers to, effective communication. At every point in the chronological timeline from getting arrested to achieving parole, individuals who are d/Deaf or Hard of Hearing face discrimination and obstacles that their hearing counterparts do not. The discrimination they face …


The Remedial Authority Of Hearing And Review Officers Under The Individuals With Disabilities Education Act: An Update, Perry A. Zirkel Mar 2013

The Remedial Authority Of Hearing And Review Officers Under The Individuals With Disabilities Education Act: An Update, Perry A. Zirkel

Journal of the National Association of Administrative Law Judiciary

This article provides an update of a comprehensive review that was published five years ago, which synthesized the various sources of law specific to the remedial authority of hearing/review officers (H/ROs) under the Individuals with Disabilities Education Act (IDEA).


Does Your Carer Take Sugar? Carers And Human Rights: The Parallel Struggles Of Disabled People And Carers For Equal Treatment, Luke Clements Mar 2013

Does Your Carer Take Sugar? Carers And Human Rights: The Parallel Struggles Of Disabled People And Carers For Equal Treatment, Luke Clements

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


A Veil Of Genetic Ignorance - Protecting Genetic Privacy To Ensure Equality, Radhika Rao Jan 2006

A Veil Of Genetic Ignorance - Protecting Genetic Privacy To Ensure Equality, Radhika Rao

Villanova Law Review

No abstract provided.


The Spirit Or The Letter Of The Law: Oregon Paralyzed Veterans Of America V. Regal Cinemas, Inc. Strikes A Blow For Justice With Questionable Regulatory Interpretation, Mattei I. Radu Jan 2005

The Spirit Or The Letter Of The Law: Oregon Paralyzed Veterans Of America V. Regal Cinemas, Inc. Strikes A Blow For Justice With Questionable Regulatory Interpretation, Mattei I. Radu

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


Unlawful Discrimination Or A Necessity For A Fair Trial?: Exclusion Of A Law Clerk With A Disability From The Courtroom During Jury Trial Of A Personal Injury Case, Luther A. Granquist Jan 2003

Unlawful Discrimination Or A Necessity For A Fair Trial?: Exclusion Of A Law Clerk With A Disability From The Courtroom During Jury Trial Of A Personal Injury Case, Luther A. Granquist

William Mitchell Law Review

Today, the judicial system, broadly viewed to include bench and bar, jurors, and court personnel, includes more persons of color and more women than ever before. Issues of discrimination on the basis of race and gender continue, but progress has been made. However, few persons with evident disabilities practice law or sit on the bench. Perhaps that is why the very presence of a man with serious disabilities prompts concerns about the effect that he will have, just being there, on the outcome of a case. When more persons with evident disabilities, more persons who use wheelchairs or have personal …


Not Like It Was In The Old Days: Is The Americans With Disabilities Act Changing The Face Of Sports As We Know It, Amy M. Kearney Jan 2003

Not Like It Was In The Old Days: Is The Americans With Disabilities Act Changing The Face Of Sports As We Know It, Amy M. Kearney

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


Access Denied And Not Designed: The Ninth Circuit Drafts A Narrow Escape For Architect Liability Under The Americans With Disabilities Act In Lonberg V. Sanborn Theaters, Inc., Mita Chatterjee Jan 2002

Access Denied And Not Designed: The Ninth Circuit Drafts A Narrow Escape For Architect Liability Under The Americans With Disabilities Act In Lonberg V. Sanborn Theaters, Inc., Mita Chatterjee

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


Standing In Front Of The Disabled: Judicial Uncertainty Over Enhanced Sightlines In Sports Arenas, James Kurack Jan 2001

Standing In Front Of The Disabled: Judicial Uncertainty Over Enhanced Sightlines In Sports Arenas, James Kurack

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


Driving Into The Rough: Conflicting Decisions On The Rights Of Disabled Golfers In Martin V. Pga Tour, Inc. And Olinger V. United States Golf Ass'n, Steven A. Holzbaur Jan 2001

Driving Into The Rough: Conflicting Decisions On The Rights Of Disabled Golfers In Martin V. Pga Tour, Inc. And Olinger V. United States Golf Ass'n, Steven A. Holzbaur

Villanova Law Review

No abstract provided.


The Americans With Disabilities Act And Its Application To High School, Collegiate And Professional Athletics, Jonathan R. Cook Jan 1999

The Americans With Disabilities Act And Its Application To High School, Collegiate And Professional Athletics, Jonathan R. Cook

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


When A Handicap May Be An Advantage: Mcpherson V. Michigan High School Athletic Association Evaluates The Relationship Of The Rehabilitation Act And The Ada To Athletic Association Maximum Semester Rules, John P. Encarnacion Jan 1998

When A Handicap May Be An Advantage: Mcpherson V. Michigan High School Athletic Association Evaluates The Relationship Of The Rehabilitation Act And The Ada To Athletic Association Maximum Semester Rules, John P. Encarnacion

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


Private Rights In Public Places: A Weighty Issue, Shari J. Ronkin Jan 1994

Private Rights In Public Places: A Weighty Issue, Shari J. Ronkin

University of Miami Law Review

No abstract provided.


Mental Impairments And The Rehabilitation Act Of 1973, David Allen Larson Jan 1988

Mental Impairments And The Rehabilitation Act Of 1973, David Allen Larson

Faculty Scholarship

This article examines the question of whether an asserted mental disorder should be regarded as a statutory impairment. The article begins by outlining the Rehabilitation Act and by discussing the diagnostic difficulties that exist in the mental health field. It then surveys specific cases arising under the Rehabilitation Act. Selected cases reviewing state statutory language are also examined. The article provides a broad discussion of the questions and concerns that must be considered when formulating a nondiscrimination policy protecting mentally impaired persons. It concludes by suggesting an approach for handling cases alleging discrimination due to a mental impairment.


The Handicapped Child's Right To A Free Appropriate Education: Defining The Limits Of Responsibility, Richard J. Buturla Jan 1982

The Handicapped Child's Right To A Free Appropriate Education: Defining The Limits Of Responsibility, Richard J. Buturla

Villanova Law Review

No abstract provided.


Administrative Law - Department Of Transportation Regulations Mandating That Mass Transit Systems Be Accessible To The Handicapped Are Beyond The Scope Of Section 504 Of The Rehabilitation Act, Kathleen A. Frederick Jan 1982

Administrative Law - Department Of Transportation Regulations Mandating That Mass Transit Systems Be Accessible To The Handicapped Are Beyond The Scope Of Section 504 Of The Rehabilitation Act, Kathleen A. Frederick

Villanova Law Review

No abstract provided.