Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Disability Law

Journal

2006

Institution
Keyword
Publication

Articles 1 - 22 of 22

Full-Text Articles in Law

The Disabled Ada: How A Narrowing Ada Threatens To Exclude The Cognitively Disabled, Nathan Catchpole, Aaron Miller Dec 2006

The Disabled Ada: How A Narrowing Ada Threatens To Exclude The Cognitively Disabled, Nathan Catchpole, Aaron Miller

BYU Law Review

No abstract provided.


(Whatever Happended To) The Ada's "Record Of" Prong(?), Alex B. Long Nov 2006

(Whatever Happended To) The Ada's "Record Of" Prong(?), Alex B. Long

Washington Law Review

Of the three prongs in the Americans with Disabilities Act's (ADA) definition of disability, the "record of" prong is far less likely to be used by ADA plaintiffs in claiming protection under the Act than are the actual disability and "regarded as" prongs. Between the years 2000 and 2005, ADA and Rehabilitation Act plaintiffs who alleged employment discrimination in federal court relied upon the "record of" prong less than one-third as often as either the actual and "regarded as" prongs in claiming disability status. When they did rely on the "record of" prong, ADA plaintiffs did not enjoy any greater …


Mending A Monumental Mountain: Resolving Two Critical Circuit Splits Under The Americans With Disabilities Act For The Sake Of Logic, Unity, And The Mentally Disabled, Matthew M. Cannon May 2006

Mending A Monumental Mountain: Resolving Two Critical Circuit Splits Under The Americans With Disabilities Act For The Sake Of Logic, Unity, And The Mentally Disabled, Matthew M. Cannon

BYU Law Review

No abstract provided.


Title Iii Of The Americans With Disabilities Act Applies To Foreign Cruise Ships; But What Exactly Is Required?, Samantha Allison Dipolito May 2006

Title Iii Of The Americans With Disabilities Act Applies To Foreign Cruise Ships; But What Exactly Is Required?, Samantha Allison Dipolito

Mercer Law Review

In Spector v. Norwegian Cruise Line, the United States Supreme Court held that Title III of the Americans with Disabilities Act (the "ADA") applies to foreign-flag cruise ships in American waters insofar as the requirements of Title III do not interfere with the internal order of the cruise ships. Additionally, the Court held that the provision of the ADA requiring barrier removal, which is "readily achievable" does not apply if the removal would bring a ship into noncompliance with international legal obligations. The dissenting opinion argues that Title III of the ADA does not apply to foreign cruise ships …


Barriers To Accessible Housing: Enforcement Issues In "Design And Construction" Cases Under The Fair Housing Act, Robert G. Schwemm Mar 2006

Barriers To Accessible Housing: Enforcement Issues In "Design And Construction" Cases Under The Fair Housing Act, Robert G. Schwemm

University of Richmond Law Review

No abstract provided.


Making Sense Of The Inclusion Debate Under Idea, Stacey Gordon Mar 2006

Making Sense Of The Inclusion Debate Under Idea, Stacey Gordon

Brigham Young University Education and Law Journal

No abstract provided.


Representing Children With Disabilities: Legal And Ethical Considerations, Kim Brooks Tandy, Teresa Heffernan Mar 2006

Representing Children With Disabilities: Legal And Ethical Considerations, Kim Brooks Tandy, Teresa Heffernan

Nevada Law Journal

No abstract provided.


Framing The Voting Rights Claims Of Cognitively Impaired Individuals, Pamela S. Karlan Jan 2006

Framing The Voting Rights Claims Of Cognitively Impaired Individuals, Pamela S. Karlan

McGeorge Law Review

No abstract provided.


Absentee Voting By People With Disabilities: Promoting Access And Integrity, Daniel P. Tokaji, Ruth Colker Jan 2006

Absentee Voting By People With Disabilities: Promoting Access And Integrity, Daniel P. Tokaji, Ruth Colker

McGeorge Law Review

No abstract provided.


Defining And Assessing Capacity To Vote: The Effect Of Mental Impairment On The Rights Of Voters, Sally Balch Hurme, Paul S. Appelbaum Jan 2006

Defining And Assessing Capacity To Vote: The Effect Of Mental Impairment On The Rights Of Voters, Sally Balch Hurme, Paul S. Appelbaum

McGeorge Law Review

No abstract provided.


Preserving Voting Rights In Long-Term Care Institutions: Facilitating Resident Voting While Maintaining Election Integrity, Nina A. Kohn Jan 2006

Preserving Voting Rights In Long-Term Care Institutions: Facilitating Resident Voting While Maintaining Election Integrity, Nina A. Kohn

McGeorge Law Review

No abstract provided.


Suit Filed In Illinois Over Ada, Shauna Coleman Jan 2006

Suit Filed In Illinois Over Ada, Shauna Coleman

Public Interest Law Reporter

No abstract provided.


Through The Looking Glass: Judicial Deference To Academic Decision-Making, Douglas K. Rush Jan 2006

Through The Looking Glass: Judicial Deference To Academic Decision-Making, Douglas K. Rush

Richmond Journal of Law and the Public Interest

This paper will review the statutory mandates of Section 504 and the ADA and examine the extent to which courts are willing to defer to institutional decisions concerning program modifications to accommodate learning disabled students. Courts have long recognized that academic decision-makers are entitled to deference, especially when their decisions concern issues related to educational programs. Courts must be vigilant, however, to properly weigh their role as the enforcers of Congressional legislation against the judicial policy of deference to academic decisions. Section I of this article will review the federal statutory and regulatory frameworks governing disability accommodations as they relate …


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.


Justice Disparities: Does The Ada Enforcement System Treat People With Psychiatric Disabilities Fairly?, Jeffrey Swanson, Scott Burris, Kathryn Moss, Michael Ullman Jan 2006

Justice Disparities: Does The Ada Enforcement System Treat People With Psychiatric Disabilities Fairly?, Jeffrey Swanson, Scott Burris, Kathryn Moss, Michael Ullman

Maryland Law Review

No abstract provided.


Is The Ada Short-Sighted? An Analysis Of Sightline Regulations In Movie Theaters, Michael D. Driver Jan 2006

Is The Ada Short-Sighted? An Analysis Of Sightline Regulations In Movie Theaters, Michael D. Driver

Vanderbilt Journal of Entertainment & Technology Law

In Part I, the history of disability law in the United States will be discussed, following the decision of Brown v. Board of Education until the passage of the ADA. The purpose and contents of the ADA will, in pertinent part, then be discussed, as will the language of the Act that caused the circuits to split and the language of the Act as it now stands. The contents of the circuit court cases from the First, Fifth, Sixth, and Ninth Circuits will be analyzed, separating the circuits into majority (First, Sixth, and Ninth Circuits) and minority (Fifth Circuit) positions. …


Through The Looking Glass: Judicial Deference To Academic Decision-Making, Douglas K. Rush Jan 2006

Through The Looking Glass: Judicial Deference To Academic Decision-Making, Douglas K. Rush

Richmond Public Interest Law Review

This paper will review the statutory mandates of Section 504 and the ADA and examine the extent to which courts are willing to defer to institutional decisions concerning program modifications to accommodate learning disabled students. Courts have long recognized that academic decision-makers are entitled to deference, especially when their decisions concern issues related to educational programs. Courts must be vigilant, however, to properly weigh their role as the enforcers of Congressional legislation against the judicial policy of deference to academic decisions. Section I of this article will review the federal statutory and regulatory frameworks governing disability accommodations as they relate …


Law Students With Attention Deficit Disorder: How To Reach Them, How To Teach Them, 39 J. Marshall L. Rev. 349 (2006), Robin A. Boyle Jan 2006

Law Students With Attention Deficit Disorder: How To Reach Them, How To Teach Them, 39 J. Marshall L. Rev. 349 (2006), Robin A. Boyle

UIC Law Review

No abstract provided.


The Elusive Protected Class - Who Is Worthy Under The Americans With Disabilities Act, Elizabeth Fordyce Jan 2006

The Elusive Protected Class - Who Is Worthy Under The Americans With Disabilities Act, Elizabeth Fordyce

Villanova Law Review

No abstract provided.


Application Of The Insanity Defense To Postpartum Disorder-Driven Infanticide In The United States: A Look Toward The Enactment Of An Infanticide Act, April J. Walker Jan 2006

Application Of The Insanity Defense To Postpartum Disorder-Driven Infanticide In The United States: A Look Toward The Enactment Of An Infanticide Act, April J. Walker

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Critical Essay: Musings On The Need To Convince Some People With Disabilities That End-Of-Life Decision-Making Advocates Are Not Out To Get Them, Kathy L. Cerminara Jan 2006

Critical Essay: Musings On The Need To Convince Some People With Disabilities That End-Of-Life Decision-Making Advocates Are Not Out To Get Them, Kathy L. Cerminara

Loyola University Chicago Law Journal

No abstract provided.


Karraker V. Rent-A-Center: Testing The Limits Of The Ada, Personality Tests, And Employer Preemployment Screening, Maureen E. Mulvihill Jan 2006

Karraker V. Rent-A-Center: Testing The Limits Of The Ada, Personality Tests, And Employer Preemployment Screening, Maureen E. Mulvihill

Loyola University Chicago Law Journal

No abstract provided.