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Belmont Law Review

ADA

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Full-Text Articles in Law

A New Hope: Perez V. Sturgis Public Schools Opens The Courthouse Doors To Children With Disabilities, Richard Marsico Apr 2024

A New Hope: Perez V. Sturgis Public Schools Opens The Courthouse Doors To Children With Disabilities, Richard Marsico

Belmont Law Review

This article addresses what happens when the exhaustion

requirement for IDEA claims intersects with the exhaustion requirement for

related federal laws. Specifically, compensatory monetary damages are

not available for IDEA violations but are available for violations of

related federal laws. This raises a question: if a plaintiff wants to file a

complaint pursuant only to the related federal laws alleging disability

discrimination and seeking monetary damages for actions that also arguably

violate the IDEA, must the plaintiff exhaust the IDEA administrative

process first?


Local Panel Discussion, Sam Jackson, Mary Beard, Karla Campbell, David Garrison, Ann Steiner, Jeffrey Usman Jan 2019

Local Panel Discussion, Sam Jackson, Mary Beard, Karla Campbell, David Garrison, Ann Steiner, Jeffrey Usman

Belmont Law Review

Transcript of local panel discussion featuring Sam Jackson, Mary Beard, Karla Campbell, David Garrison, and Ann Steiner. The panel discussion was moderated by Professor Jeffrey Usman on March 19, 2018 at the Belmont Law Review Symposium 2018: The Modern Workplace: Contemporary Legal Issues in Employment and Labor Law.


“For The Love Of God! Open This Door!”: Individual Rights Versus Public Safety Under The “Direct Threat” Standard Of The Americans With Disabilities Act After Three Decades Of Litigation, Jeffrey Van Detta Jan 2019

“For The Love Of God! Open This Door!”: Individual Rights Versus Public Safety Under The “Direct Threat” Standard Of The Americans With Disabilities Act After Three Decades Of Litigation, Jeffrey Van Detta

Belmont Law Review

This article investigates the ADA's direct-threat standard, opening with the story of Germanwings Flight 9525. It examines a disability lawsuit, EEOC v. Beverage Distributors Company, LLC, as well as the determination in Stragapede v. City of Evanston, Illinois. The article concludes by proposing a tri-partite medical review option for employers.