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Full-Text Articles in Law
Now And Again: Reappraising Disability Leave As An Accommodation, Ryan H. Nelson
Now And Again: Reappraising Disability Leave As An Accommodation, Ryan H. Nelson
BYU Law Review
No abstract provided.
Caught By The Cat’S Paw, Sandra F. Sperino
Caught By The Cat’S Paw, Sandra F. Sperino
BYU Law Review
Federal employment discrimination law is enamored with court-created doctrines with catchy names. A fairly recent addition to the canon is the concept of the “cat’s paw,” formally recognized by the U.S. Supreme Court in Staub v. Proctor Hospital. With its name … drawn from a fable, the concept of cat’s paw has taken ground quickly, discussed in hundreds of cases.
The Supreme Court recognized the cat’s paw theory in a case where a hospital fired a worker. The person who made the ultimate decision did not have impermissible bias. However, her decision was influenced by information from two supervisors who …
Unfit To Be Seen: Customer Preferences And The Americans With Disabilities Act, Craig Westergard
Unfit To Be Seen: Customer Preferences And The Americans With Disabilities Act, Craig Westergard
Brigham Young University Journal of Public Law
No abstract provided.
Utilizing Prosecutorial Discretion To Reduce The Number Of Juveniles With Disabilities In The Juvenile Justice System, Mary Willis
Utilizing Prosecutorial Discretion To Reduce The Number Of Juveniles With Disabilities In The Juvenile Justice System, Mary Willis
Brigham Young University Education and Law Journal
No abstract provided.
Wheelchair Ramps In Cyberspace: Bringing The Americans With Disabilities Act Into The 21st Century, Trevor Crowley
Wheelchair Ramps In Cyberspace: Bringing The Americans With Disabilities Act Into The 21st Century, Trevor Crowley
BYU Law Review
No abstract provided.
Judicial Clarity: Giving Teeth To The Application Of Federal Disability Laws In Charter Schools, Sarah Wieselthier Esq.
Judicial Clarity: Giving Teeth To The Application Of Federal Disability Laws In Charter Schools, Sarah Wieselthier Esq.
Brigham Young University Education and Law Journal
No abstract provided.
Discouraging Voluntary Disclosure: Eeoc V. C.R. England And Confidentiality Under The Ada, Jessica Jones
Discouraging Voluntary Disclosure: Eeoc V. C.R. England And Confidentiality Under The Ada, Jessica Jones
BYU Law Review
No abstract provided.
State Mandated Disability Insurance As Salve To The Consumer Bankruptcy Imbroglio, Alena Allen
State Mandated Disability Insurance As Salve To The Consumer Bankruptcy Imbroglio, Alena Allen
BYU Law Review
From Main Street to Wall Street, Americans are hurting. In 2009, over 1.4 million families filed for bankruptcy. Researchers examining the causes of bankruptcy discovered that as many as sixty-two percent of all bankruptcies were precipitated by a medical crisis. Because many Americans are living paycheck to paycheck and lack disability insurance, when a medical crisis strikes, bank accounts are quickly depleted by the amalgam of high medical bills and lost wages. Disability insurance provides needed wage replacement when a worker is unable to work due to an illness or injury. This Article presents the case for statemandated disability insurance …
Standard Of Care For Students With Disabilities: The Intersection Of Liability Under The Idea And Tort Theories, Ralph D. Mawdsley J.D., Ph.D.
Standard Of Care For Students With Disabilities: The Intersection Of Liability Under The Idea And Tort Theories, Ralph D. Mawdsley J.D., Ph.D.
Brigham Young University Education and Law Journal
No abstract provided.
Access Granted: The Winkelman Case Ushers In A New Era In Parental Advocacy, Laura Mcneal
Access Granted: The Winkelman Case Ushers In A New Era In Parental Advocacy, Laura Mcneal
Brigham Young University Education and Law Journal
No abstract provided.
By Reason Thereof: Causation And Eligibility Under The Individuals With Disabilites Education Act, Katherine May
By Reason Thereof: Causation And Eligibility Under The Individuals With Disabilites Education Act, Katherine May
Brigham Young University Education and Law Journal
No abstract provided.
The Rights Of Parentally-Placed Private School Students Under The Individuals With Disabilities Education Improvement Act Of 2004 And The Need For Legislative Reform, Lewis M. Wasserman
The Rights Of Parentally-Placed Private School Students Under The Individuals With Disabilities Education Improvement Act Of 2004 And The Need For Legislative Reform, Lewis M. Wasserman
Brigham Young University Education and Law Journal
No abstract provided.
The Disabled Ada: How A Narrowing Ada Threatens To Exclude The Cognitively Disabled, Nathan Catchpole, Aaron Miller
The Disabled Ada: How A Narrowing Ada Threatens To Exclude The Cognitively Disabled, Nathan Catchpole, Aaron Miller
BYU Law Review
No abstract provided.
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
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.
Making Sense Of The Inclusion Debate Under Idea, Stacey Gordon
Making Sense Of The Inclusion Debate Under Idea, Stacey Gordon
Brigham Young University Education and Law Journal
No abstract provided.
A Desperate Grab For Free Rehab: Unilateral Placements Under Idea For Students With Drug And Alcohol Addictions, David S. Doty
A Desperate Grab For Free Rehab: Unilateral Placements Under Idea For Students With Drug And Alcohol Addictions, David S. Doty
Brigham Young University Education and Law Journal
No abstract provided.
Why Can't Discrimination Be Discrimination? Johnson V. K Mart Corp. And The Meaning Of "Discrimination" Under The Americans With Disabilities Act, Todd Prall
BYU Law Review
No abstract provided.
Disability Harassment: How Far Should The Ada Follow In The Footsteps Of Title Vii?, Leah C. Myers
Disability Harassment: How Far Should The Ada Follow In The Footsteps Of Title Vii?, Leah C. Myers
Brigham Young University Journal of Public Law
No abstract provided.
Implications Of Buckhannon Board & Care Home, Incorporated V. West Virginia Department Of Health And Human Resources For Due Process Under The Individuals With Disabilities Education Act, Jennifer R. Rowe
Brigham Young University Education and Law Journal
No abstract provided.
The Fallacy Behind Increased Accountability: How Disabled Students' Constitutional Rights Have Been Disregarded In A Rush To Implement High-Stakes Exams, Ryan R. West
Brigham Young University Education and Law Journal
No abstract provided.
Dissing Disabilities: A Student's Duty To Mitigate Maladies, J. J. Knauff
Dissing Disabilities: A Student's Duty To Mitigate Maladies, J. J. Knauff
Brigham Young University Education and Law Journal
No abstract provided.
Why An Employer Does Not Have To Answer For Preventing An Employee With A Disability From Utilizing Corrective Measures: The Relationship Between Mitigation And Reasonable Acommodation, Thad Levar
Brigham Young University Journal of Public Law
No abstract provided.
Let's Be Reasonable Here: Why The Ada Will Not Ruin Professional Sports, Michael Waterstone
Let's Be Reasonable Here: Why The Ada Will Not Ruin Professional Sports, Michael Waterstone
BYU Law Review
No abstract provided.
Transfer Of Rights Under The Individuals With Disabilities Act: Adulthood With Ability Or Disability?, Deborah Rebore, Perry Zirkel
Transfer Of Rights Under The Individuals With Disabilities Act: Adulthood With Ability Or Disability?, Deborah Rebore, Perry Zirkel
Brigham Young University Education and Law Journal
No abstract provided.
Biting The Hand That Feeds Them-State Prisons And The Ada: Responding To Amos V. Maryland Department Of Public Safety & Correctional Services, Jennifer L. Lange
Biting The Hand That Feeds Them-State Prisons And The Ada: Responding To Amos V. Maryland Department Of Public Safety & Correctional Services, Jennifer L. Lange
BYU Law Review
No abstract provided.
A Funny Thing Happened On The Way To The (Alternative) Forum: Reexamjnjng Alexander V. Gardner-Denver In The Wake Of Gilmer V. Interstate/Johnson Lane Corp., Sarah Rudoph Cole
A Funny Thing Happened On The Way To The (Alternative) Forum: Reexamjnjng Alexander V. Gardner-Denver In The Wake Of Gilmer V. Interstate/Johnson Lane Corp., Sarah Rudoph Cole
BYU Law Review
No abstract provided.
Pacourek V. Inland Steel Company: Enforcing Equal Protection Rights By Designating Infertility As A Disability Under The American's With Disabilities Act, Kristina M. Hall
Pacourek V. Inland Steel Company: Enforcing Equal Protection Rights By Designating Infertility As A Disability Under The American's With Disabilities Act, Kristina M. Hall
Brigham Young University Journal of Public Law
No abstract provided.
Damages For Intentional Discrimination By Public Entities Under Title Ii Of The Americans With Disabilities Act: A Rose By Any Other Name, But Are The Remedies The Same?, Cheryl L. Anderson
Damages For Intentional Discrimination By Public Entities Under Title Ii Of The Americans With Disabilities Act: A Rose By Any Other Name, But Are The Remedies The Same?, Cheryl L. Anderson
Brigham Young University Journal of Public Law
No abstract provided.
Access Reigns Supreme: Title Iii Of The Americans With Disabilities Act And Historic Preservation, Grant P. Fondo
Access Reigns Supreme: Title Iii Of The Americans With Disabilities Act And Historic Preservation, Grant P. Fondo
Brigham Young University Journal of Public Law
No abstract provided.
The Impact Of Federal Labor Policy On The Americans With Disabilities Act Of 1990: Collective Bargaining Agreements In A New Era Of Civil Rights, David S. Doty
BYU Law Review
No abstract provided.