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Articles 211 - 237 of 237
Full-Text Articles in Law
Discrimination Based On Hiv/Aids And Other Health Conditions: "Disability" As Defined Under Federal And State Law, David W. Webber
Discrimination Based On Hiv/Aids And Other Health Conditions: "Disability" As Defined Under Federal And State Law, David W. Webber
Journal of Health Care Law and Policy
No abstract provided.
Adverse Impact Of Predisposition Testing On Major Life Activities: Lessons From Brca 1/2testing, Katherine A. Schneider
Adverse Impact Of Predisposition Testing On Major Life Activities: Lessons From Brca 1/2testing, Katherine A. Schneider
Journal of Health Care Law and Policy
No abstract provided.
The Definition Of Disability: Perspective Of The Disability Community, Deborah Kaplan
The Definition Of Disability: Perspective Of The Disability Community, Deborah Kaplan
Journal of Health Care Law and Policy
No abstract provided.
Bragdon V. Abbott: Extending The Americans With Disabilities Act To Asymptomatic Individuals, Eugenia Liu
Bragdon V. Abbott: Extending The Americans With Disabilities Act To Asymptomatic Individuals, Eugenia Liu
Journal of Health Care Law and Policy
No abstract provided.
Scaling Back The Ada: How The Sutton V. United Airlines Decision Affects Employees With Bipolar Disorder., Kevin Wiley Jr.
Scaling Back The Ada: How The Sutton V. United Airlines Decision Affects Employees With Bipolar Disorder., Kevin Wiley Jr.
The Scholar: St. Mary's Law Review on Race and Social Justice
The Sutton v. United Airlines decision went too far in the Supreme Court’s effort to scale back the protections of the Americans with Disabilities Act (ADA). Congress should review the Sutton decision and amend the ADA to consider disabilities as they exist without regard to mitigating measures based on the severity of the illness. To seek protection under the ADA, one must have a discernable disability, and one’s impairment must be diagnosed and disclosed to the employer. Disability, however, was not specifically defined in the ADA, and no agency or regulation has specifically defined disability for the courts to utilize …
The Form And Substance Of Ethics: Prenatal Diagnosis In The Baird Report, Rachel Ariss
The Form And Substance Of Ethics: Prenatal Diagnosis In The Baird Report, Rachel Ariss
Dalhousie Law Journal
This article analyses the employment of textual tactics in the Final Report of the Royal Commission on New Reproductive Technologies. The author argues that the Commission uses these tactics to persuade several different audiences that its stance is correct, and simultaneously to manage dissent over new reproductive technologies. Analysis of textual tactics opens the ethical position of the Commission to substantive questioning. The authorfocuses on the Commission's discussion of prenatal diagnosis for genetic anomalies and concludes that the Commission fails to engage with ethical arguments put forward by persons with disabilities and their advocates. The conclusion also encourages the development …
The Supreme Court, 1997 Term -- Leading Cases -- Federal Statutes And Regulations -- Americans With Disabilities Act -- Asymptomatic Hiv, Peter Nicolas
Articles
No abstract provided.
Growth In Disability Benefits: Explanations And Policy Implications, Kalman Rupp Editor, David C. Stapleton Editor
Growth In Disability Benefits: Explanations And Policy Implications, Kalman Rupp Editor, David C. Stapleton Editor
Upjohn Press
This collection of original papers reveals why caseloads of the nation's two largest income entitlement programs for disability - Social Security Disability Income (SSDI) and Supplemental Security Income (SSI) - have soared.
When Physicians Balk At Futile Care: Implications Of The Disability Rights Laws, Philip G. Peters Jr.
When Physicians Balk At Futile Care: Implications Of The Disability Rights Laws, Philip G. Peters Jr.
Faculty Publications
Part I of this article reviews the factual background of the futility debate. Part II introduces the antidiscrimination laws. Thereafter, Parts III, IV, and V examine the three components of the proposal suggested above.
Disability, Work And Cash Benefits, Jerry L. Mashaw Editor, Virginia P. Reno Editor, Richard V. Burkhauser Editor, Monroe Berkowitz Editor
Disability, Work And Cash Benefits, Jerry L. Mashaw Editor, Virginia P. Reno Editor, Richard V. Burkhauser Editor, Monroe Berkowitz Editor
Upjohn Press
This book examines the economic consequences of work disabilities, and public and private interventions that might enable disabled individuals to enter the work force for the first time, remain at work, or return to work. Three groups of papers are presented. The first group examines ways that labor market changes, policy interventions and individual choices shape the work force. The next analyzes both public and private return to work policies for the work disabled and for those with a severely disabling condition. The final group focuses on the specific needs of the disabled that affect their work force participation, including …
Choice, Conscience, And Context, Mary Crossley
Choice, Conscience, And Context, Mary Crossley
Articles
Building on Professor Michael H. Shapiro's critique of arguments that some uses of new reproductive technologies devalue and use persons inappropriately (which is part of a Symposium on New Reproductive Technologies), this work considers two specific practices that increasingly are becoming part of the new reproductive landscape: selective reduction of multiple pregnancy and prenatal genetic testing to enable selective abortion. Professor Shapiro does not directly address either practice, but each may raise troubling questions that sound suspiciously like the arguments that Professor Shapiro sought to discredit. The concerns that selective reduction and prenatal genetic screening raise, however, relate not to …
Health Care Rationing And Disability Rights, Philip G. Peters Jr.
Health Care Rationing And Disability Rights, Philip G. Peters Jr.
Faculty Publications
This article explores the extent to which federal disability rights law limits the use of effectiveness criteria to allocate health care, either alone or as a part of cost-effectiveness analyses. To be more precise, it considers the circumstances in which disability-based classifications by health plans which would otherwise violate the anti-discrimination laws can be legally and ethically defended by proof that the excluded treatments are less effective than those which are provided. Part I introduces the expanding use of effectiveness analysis in health care, explains its discriminatory potential, and reviews the Oregon experience. Part II outlines the current federal law …
On Not "Getting It", Dianne Pothier
On Not "Getting It", Dianne Pothier
Dianne Pothier Collection
Although there has been increasing awareness regarding equity and access issues in the legal profession, that awareness has tended to miss the multi-faceted nature of the problem. The author discusses how the recognition of one kind of barrier may not assist in the recognition of others. Understanding race or gender does not necessarily imply understanding disability or sexual orientation. Students, faculty and practitioners need to challenge and question their assumptions, to guard against barriers to entry and to really belonging.
Bien qu 'ii y ail une prise de conscience grandissante en ce qui touche /es questions d'egalite et d'acces dans …
Reproductive Technology And Disability: Searching For The "Rights" And Wrongs In Explanation, Judith Mosoff
Reproductive Technology And Disability: Searching For The "Rights" And Wrongs In Explanation, Judith Mosoff
Dalhousie Law Journal
Several years ago I worked as a lawyer representing psychiatric patients on the grounds of a large medieval-looking turn-of-the-century mental hospital in British Columbia. Soon after starting my new job I met Ann, a woman who shortly after her admission as an involuntary patient had informed her treatment team that she was pregnant. She had always wanted to have a baby. When she told her doctor about her pregnancy, he decided that this idea was part of her delusional system and prescribed anti-psychotic drugs to control her pathology. In fact she was pregnant and the medication given during the first …
Miles To Go: Some Personal Reflections On The Social Construction Of Disability, Dianne Pothier
Miles To Go: Some Personal Reflections On The Social Construction Of Disability, Dianne Pothier
Dalhousie Law Journal
The "social construction" of disability refers to the way an able bodied conception of disability magnifies its consequences. The social construction of disability assesses and deals with disability from an able bodied perspective. It includes erroneous assumptions about capacity to perform that come from an able bodied frame of reference. It encompasses the failure to make possible or accept different ways of doing things. It reflects a preoccupation with "normalcy" that excludes the disabled person.
Miles To Go: Some Personal Reflections On Social Construction Of Disability, Dianne Pothier
Miles To Go: Some Personal Reflections On Social Construction Of Disability, Dianne Pothier
Dianne Pothier Collection
The "social construction" of disability refers to the way an able bodied conception of disability magnifies its consequences. The social construction of disability assesses and deals with disability from an able bodied perspective. It includes erroneous assumptions about capacity to perform that come from an able bodied frame of reference. It encompasses the failure to make possible or accept different ways of doing things. It reflects a preoccupation with "normalcy" that excludes the disabled person.
Permanent Disability Benefits In Workers' Compensation, Monroe Berkowitz, John F. Burton
Permanent Disability Benefits In Workers' Compensation, Monroe Berkowitz, John F. Burton
Upjohn Press
Berkowitz and Burton provide a detailed examination of the adequacy and equity of permanent partial disability benefits, and the efficiency of the system delivering those benefits. A ten-state study is presented that examines states' criteria for awarding scheduled and nonscheduled benefits. Three of those states are then used for a wage-loss study illustrating the relationship among workers' disability ratings, the workers' WC benefits, and losses of earnings caused by work-related injuries.
The Absence Of Justice, Robert Dinerstein
The Absence Of Justice, Robert Dinerstein
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Handling The Social Security Disability Case —The View From The Bench, Roger J. Miner '56
Handling The Social Security Disability Case —The View From The Bench, Roger J. Miner '56
Bar Associations
No abstract provided.
Accuracy And Consistency In Categorical Decision-Making: A Study Of Social Security's Medical-Vocational Guidelines-Two Birds With One Stone Or Pigeon-Holing Claimants?, John J. Capowski
Maryland Law Review
No abstract provided.
Guardianship: Overcoming The Last Hurdle To Civil Rights For The Mentally Disabled, Sheryl Dicker
Guardianship: Overcoming The Last Hurdle To Civil Rights For The Mentally Disabled, Sheryl Dicker
University of Arkansas at Little Rock Law Review
No abstract provided.
Sterilization, State Action, And The Concept Of Consent, Monroe E. Price, Robert A. Burt
Sterilization, State Action, And The Concept Of Consent, Monroe E. Price, Robert A. Burt
Articles
A line demarking the propriety of state intervention into the lives of individuals has never been adequately drawn. It is not surprising that such a line is practically nonexistent, from the point of view of legal analysis, when the people subject to intervention are considered mentally retarded. Too infrequently the medical and privacy rights of these individuals go unrecognized and unheeded. There are several factors which collectively account for this.
Compensation For Loss Of Earning Capacity, Robert R. Wright
Compensation For Loss Of Earning Capacity, Robert R. Wright
Faculty Scholarship
No abstract provided.
Insurance -- 1960 Tennessee Survey, William R. Andersen
Insurance -- 1960 Tennessee Survey, William R. Andersen
Vanderbilt Law Review
One of the most delicate problems in insurance underwriting is that of describing the events whose occurrence is the primary condition of the insurer's obligation to pay. Several interesting cases were decided during the survey period involving disputes over whether or not an insured event had occurred.
Intervertebral Disc Injuries In Workmen's Compensation, Larry A. Bear
Intervertebral Disc Injuries In Workmen's Compensation, Larry A. Bear
Vanderbilt Law Review
No lawyer regularly involved in workmen's compensation litigation can do a worthwhile job for his client unless he has a comprehensive and intelligent acquaintance with all branches of medicine. In the ordinary course of his practice, the workmen's compensation lawyer must deal with all types of industrial diseases, and even with disorders in the field of neurology and psychiatry.' Familiarity with a variety of medical conditions is made necessary because of such basic medico-legal problems as causation, involving the industrial or non-industrial origin of the disability at issue, dilration and the like. Of all the industrial injuries with which the …
Medico-Legal Aspects Of The Nervous System As A Functioning Unit Of The Body, F. Keith Bradford, Hubert W. Smith
Medico-Legal Aspects Of The Nervous System As A Functioning Unit Of The Body, F. Keith Bradford, Hubert W. Smith
Vanderbilt Law Review
We have had the pleasure of working together in recent years on Law-Science problems. During that time we have become increasingly convinced that it is necessary for trial lawyer and scientist alike to think of the human being in terms of the nine main organ systems,'reserving a tenth category for the field of personality as the latter represents a synthesis of component structures and functions into variable reaction and behavior patterns. An injury or disability may involve impairment or destruction of an an atomic member or of physiological function; it may involve effects on personality, or psychic values, alone, without …
Insurance Concepts Of Total And Permanent Disability, John Alan Appleman, John D. Carson
Insurance Concepts Of Total And Permanent Disability, John Alan Appleman, John D. Carson
Kentucky Law Journal
No abstract provided.