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- Handicapped Discrimination (3)
- Human Rights (3)
- Americans with Disabilities Act of 1990 (2)
- Disabled Persons (2)
- ADA (1)
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- Animal Law (1)
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- Disability (1)
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- Employment of People with Disabilities (1)
- Martha C. Nussbaum (1)
- Medical evidence (1)
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- Social Justice (1)
- Summary judgment (1)
- U.S. Airways Inc. v. Barnett (535 U.S. 391 (2002)) (1)
Articles 1 - 6 of 6
Full-Text Articles in Law
Who Says You're Disabled? The Role Of Medical Evidence In The Ada Definition Of Disability, Deirdre M. Smith
Who Says You're Disabled? The Role Of Medical Evidence In The Ada Definition Of Disability, Deirdre M. Smith
Faculty Publications
The Americans with Disabilities Act (ADA), enacted by Congress seventeen years ago, offered disabled people a hope of equality and access that has not been fulfilled. 1 Court decisions halt an overwhelming majority of claims, particularly in the employment context, at the summary judgment stage. 2 A key mechanism for fencing out disabled people's claims is the pernicious requirement, based upon the very construction of disability that the ADA's proponents aimed to dispel, that medical evidence is required as a threshold matter to demonstrate that the plaintiff is entitled to seek protection under the statute. 3 The medical evidence requirement …
A Quick Overview Of The United Nations Convention On The Rights Of Persons With Disabilities, Michael Ashley Stein
A Quick Overview Of The United Nations Convention On The Rights Of Persons With Disabilities, Michael Ashley Stein
Faculty Publications
No abstract provided.
Beyond Disability Civil Rights, Michael Ashley Stein, Penelope J.S. Stein
Beyond Disability Civil Rights, Michael Ashley Stein, Penelope J.S. Stein
Faculty Publications
No abstract provided.
Disability And The Social Contract, Anita Silvers, Michael Ashley Stein
Disability And The Social Contract, Anita Silvers, Michael Ashley Stein
Faculty Publications
No abstract provided.
Reasonable Burdens: Resolving The Conflict Between Disabled Employees And Their Coworkers, Nicole Buonocore Porter
Reasonable Burdens: Resolving The Conflict Between Disabled Employees And Their Coworkers, Nicole Buonocore Porter
Faculty Publications
This Article addresses one of the most difficult issues under the reasonable accommodation provision of the Americans with Disabilities Act (ADA): how to resolve the conflict that arises when accommodating a disabled employee negatively affects or interferes with the rights of other employees. Several scholars and the Supreme Court (in U.S. Airways, Inc. v. Barnett) have weighed in on this debate, but their analyses fall short of the ultimate goal of this Article--to achieve equal opportunity for individuals with disabilities without unnecessarily interfering with the rights of other employees. In order to achieve that goal, this Article proposes a …
Disability Human Rights, Michael Ashley Stein
Disability Human Rights, Michael Ashley Stein
Faculty Publications
Responding to the absence of an international treaty expressly protecting people with disabilities, the United Nations General Assembly will soon adopt a disability-based human rights convention. This Article examines the theoretical implications of adding disability to the existing canon of human rights, both for individuals with disabilities and for other under-protected people. It develops a "disability human rights paradigm" by combining components of the social model of disability, the human right to development, and Martha Nussbaum's version of the capabilities approach, but filters them through a disability rights perspective to preserve that which provides for individual flourishing and modifying that …