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Full-Text Articles in Law
Can't We All Just Get Along?: The Treatment Of "Interacting With Others" As A Major Life Activity In The Americans With Disabilities Act, Mark Deloach
Vanderbilt Law Review
The Americans with Disabilities Act (ADA) was passed in 1990 with the stated goal of providing a "clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities." Congress determined that, at the time of the passage of the Act, approximately forty-three million Americans had mental or physical disabilities. By enacting the ADA, Congress meant to "provide clear, strong, consistent, enforceable standards addressing discrimination against individuals with disabilities." Now, fourteen years after the ADA's enactment, the success of these goals is in doubt. A 1998 survey of cases brought under Title I of the ADA indicated that …
Disabled Former Employees Under The Ada: Unprincipled Decisions And Unpalatable Results, Austin L. Mcmullen
Disabled Former Employees Under The Ada: Unprincipled Decisions And Unpalatable Results, Austin L. Mcmullen
Vanderbilt Law Review
A number of disabled former employees have turned to the Americans with Disabilities Act ("ADA") to redress alleged discrimination in their termination or in the benefit plans of their former employers.' Several courts, however, have held that these plaintiffs are not "qualified individual[s] with a disability," and, therefore, may not recover under the ADA. Other courts of appeals have recently found the ADA's proscription of discrimination in the "terms, conditions, and privileges of employment" to contradict the definition of qualified individuals. These courts resolved the ambiguity by allowing disabled former employees a federal right to sue their former employers for …
Legislative "Subterfuge"?: Failing To Insure Persons With Mental Illness Under The Mental Health Parity Act And The Americans With Disabilities Act, Christopher A. Jones
Legislative "Subterfuge"?: Failing To Insure Persons With Mental Illness Under The Mental Health Parity Act And The Americans With Disabilities Act, Christopher A. Jones
Vanderbilt Law Review
The two primary problems with providing health care in the United States are cost and access., The cost of health care rose dramatically during the 1970s and 1980s and continues to increase, making coset containment crucial to the availability of care. In addition, many Americans are either entirely without health insurance or are underinsured for catastrophic illness. While individually these two issues are important, equally problematic is the tension that exists between them. Providing greater access to additional services results either in a cost increase or the loss of other services. Ultimately, however, a general plan to contain costs can …