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Articles 1 - 7 of 7
Full-Text Articles in Law
How The Biological/Social Divide Limits Disability And Equality, Martha T. Mccluskey
How The Biological/Social Divide Limits Disability And Equality, Martha T. Mccluskey
Journal Articles
What is disability - a biological or social condition? In the conventional equality frameworks, the division between biology and social identity puts disability at the bottom of the formal equality hierarchy, but at the top of the substantive equality hierarchy. Compared with race and then gender, disability deserves the least protection against formal discrimination, on the theory that disadvantages are based on real and relevant functional differences more than on suspect social judgments. But turning to substantive equality, disability’s supposed greater biological basis justifies affirmative accommodation of difference, compared to the social differences of race, with gender in the middle …
Race, Sex And Genes At Work: Uncovering The Lessons Of Norman-Bloodsaw, Elizabeth Pendo
Race, Sex And Genes At Work: Uncovering The Lessons Of Norman-Bloodsaw, Elizabeth Pendo
All Faculty Scholarship
The Genetic Information Nondiscrimination Act of 2008 (“GINA”) is the first federal, uniform protection against the use of genetic information in both the workplace and health insurance. Signed into law on May 21, 2008, GINA prohibits an employer or health insurer from acquiring or using an individual’s genetic information, with some exceptions. One of the goals of GINA is to eradicate actual, or perceived, discrimination based on genetic information in the workplace and in health insurance. Although the threat of genetic discrimination is often discussed in universal terms - as something that could happen to any of us - the …
Enfeebling The Ada: The Ada Amendments Act Of 2008, Jeffrey D. Jones
Enfeebling The Ada: The Ada Amendments Act Of 2008, Jeffrey D. Jones
Oklahoma Law Review
No abstract provided.
A Service Learning Project: Disability, Access And Health Care, Elizabeth Pendo
A Service Learning Project: Disability, Access And Health Care, Elizabeth Pendo
All Faculty Scholarship
Last summer, I was thinking about a public service project for my disability discrimination law course. I teach the course in fall, and try to incorporate a project each year. At the same time, I was working on a project looking at barriers to health care for people with disabilities. Some of the barriers are well known, such as lower average incomes, disproportionate poverty, and issues with insurance coverage, to name just a few. I was looking at barriers of a different type, however: those posed by physically inaccessible facilities and equipment. This was a new area for me. Like …
Decriminalizing Students With Disabilities, Dean Hill Rivkin
Decriminalizing Students With Disabilities, Dean Hill Rivkin
NYLS Law Review
No abstract provided.
Reducing Disparities Through Health Care Reform: Disability And Accessible Medical Equipment, Elizabeth Pendo
Reducing Disparities Through Health Care Reform: Disability And Accessible Medical Equipment, Elizabeth Pendo
All Faculty Scholarship
People with disabilities face multiple barriers to adequate health care and report poorer health status than people without disabilities. Although health care institutions, offices, and programs are required to be accessible, people with disabilities are still receiving unequal and in many cases inadequate care. The 2009 report by the National Council on Disability, The Current State of Health Care for People with Disabilities, reaffirmed some of these findings, concluding that people with disabilities experience significant health disparities and barriers to health care; encounter a lack of coverage for necessary services, medications, equipment, and technologies; and are not included in the …
Rethinking Guardianship (Again): Substituted Decision Making As A Violation Of The Integration Mandate Of Title Ii Of The Americans With Disabilities Act, Leslie Salzman
University of Colorado Law Review
In every state, when an adult has a diminished capacity to make decisions about personal affairs or property management, a court may transfer the individual's right to make decisions to a guardian. This Article argues that, in most cases, it would be preferable to support decision making rather than supplant it through guardianship, and then seeks to locate a right to receive such support as a less restrictive alternative to the substituted decision making that characterizes guardianship. Building on the reasoning in Olmstead v. L.C. and subsequent decisions interpreting the Americans with Disabilities Act's integration mandate, this Article argues that …