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Articles 1 - 17 of 17
Full-Text Articles in Law
Out With The New, In With The Old: The Importance Of Section 504 Of The Rehabilitation Act To Prisoners With Disabilities, Betsy Ginsberg
Out With The New, In With The Old: The Importance Of Section 504 Of The Rehabilitation Act To Prisoners With Disabilities, Betsy Ginsberg
Fordham Urban Law Journal
People with disabilities are all too well represented in America’s prisons and are frequently not provided with the accommodations necessary to ensure their full participation in prison life. The Supreme Court’s 1997 pronouncement that Title II of the ADA applies to their claims of failure to accommodate and disability-based discrimination has been making its way through the prison grapevine (and hopefully the prison law libraries) over the last dozen years, inspiring prisoners, their advocates and the federal government to use this broad civil rights statute to enforce these rights. Their efforts have been thwarted to some extent by the states’ …
The Intersection Of 42 U.S.C. § 1983 And The Individuals With Disabilities Education Act, Suzanne Solomon
The Intersection Of 42 U.S.C. § 1983 And The Individuals With Disabilities Education Act, Suzanne Solomon
Fordham Law Review
This Note reviews the history, structure, and purpose of 42 U.S.C. § 1983 and the Individuals with Disabilities Education Act (IDEA). It then describes how the two statutes intersect and interact. Next, this Note examines the existing split in the U.S. Courts of Appeals regarding the availability of § 1983 as a remedy for violations of the IDEA. This Note ultimately contends that Congress intended § 1983 suits to prevail under the IDEA and argues that school districts will be deterred from violating the statute's provisions if such suits are allowed to proceed.
A Price On Volunteerism:The Public Has A Higher Duty To Accommodate Volunteers, Lauren Attard
A Price On Volunteerism:The Public Has A Higher Duty To Accommodate Volunteers, Lauren Attard
Fordham Urban Law Journal
This Comment first examines the issues presented in Bauer (including the holding that the Americans with Disabilities Act does not protect these volunteers from discrimination) and the court’s rationale for finding that volunteers are not protected under Title III. Part II explores the requirements and differences between Title I and Title III and provides some history of the definitions of “volunteer” and “employee.” Part III presents a public duty thesis arguing that the responsibility of providing accommodations should not belong solely to employers in the context of employees, or public accommodations in the context of patrons, but to all factions …
Examining How The Inclusion Of Disabled Students Into The General Classroom May Affect Non-Disabled Classmates, Marissa L. Antoinette
Examining How The Inclusion Of Disabled Students Into The General Classroom May Affect Non-Disabled Classmates, Marissa L. Antoinette
Fordham Urban Law Journal
This Comment discusses the effectiveness of the inclusion of disabled students in general classrooms, focusing particularly on the effects on non-disabled classmates. Part I of this Comment outlines the history of inclusion as established through federal legislation, as well as its gradual implementation in New York City. Part II examines the issues concerning inclusion, looking at the consequences inappropriate inclusion of disabled students may have on the non-disabled ("general") student. Finally, Part III proposes a solution, suggesting that a school district give a disabled student a "three strikes" policy regarding disruptions, after which she may be removed, permanently or temporarily, …
The Ada's Last Stand?: Standing And The Americans With Disabilities Act, Elizabeth Keadle Markey
The Ada's Last Stand?: Standing And The Americans With Disabilities Act, Elizabeth Keadle Markey
Fordham Law Review
No abstract provided.
Civil Rights Law In Transition: The Forty-Fifth Anniversary Of The New York City Commission On Human Rights
Fordham Urban Law Journal
This Symposium co-sponsored by the New York City Commission on Human Rights and the Fordham Urban Law Journal includes transcripts of panel discussions on topics at the intersection of law and policy. These topics include mediation, domestic violence, disability law, hate crimes legislation, sexual harassment, and sexual orientation law.
Protection Of Domestic Violence Victims Under The New York City Human Rights Law's Provisions Prohibiting Discrimination On The Basis Of Disability, Marta B. Varela
Protection Of Domestic Violence Victims Under The New York City Human Rights Law's Provisions Prohibiting Discrimination On The Basis Of Disability, Marta B. Varela
Fordham Urban Law Journal
This Article analyzes the need to create a new protected class of domestic violence victims to shield them from discrimination in employment. The Article examines arguments for and against proposed legislation to revise the human rights law governing disability, section 8-107 of the New York City Administration Code. The Article concludes that this legislation is unnecessary because the law already provides sufficient protection to domestic violence victims without requiring that victims disclose their domestic violence status to their employers.
A Title I Dilemma: May Disabled Former Employees Sue For Discrimination Regarding Post-Employment Benefits, Jason D. Myers
A Title I Dilemma: May Disabled Former Employees Sue For Discrimination Regarding Post-Employment Benefits, Jason D. Myers
Fordham Law Review
No abstract provided.
Nimby's Legacy: A Challenge To Local Autonomy: Regulating The Siting Of Group Homes In New York, Anna L. Georgiou
Nimby's Legacy: A Challenge To Local Autonomy: Regulating The Siting Of Group Homes In New York, Anna L. Georgiou
Fordham Urban Law Journal
Group homes represent a non-traditional alternative to single family living. The advent of the group home has taken place since the 1970s for a number of reasons, namely, due to a severe shortage in affordable housing, particularly for newly employed young adults and the elderly, due to public policy considerations calling for deinstitutionalization of the developmentally disabled and mentally ill, and finally due to a growing need for congregate type living arrangements for other special needs populations. Part I of the article explores the framework of the New York State zoning authority and the methods by which municipalities regulate the …
"Reasonable Accommodation" Under The Federal Fair Housing Amendments Act, Robert L. Schonfeld
"Reasonable Accommodation" Under The Federal Fair Housing Amendments Act, Robert L. Schonfeld
Fordham Urban Law Journal
This article reviews the legislative history and case law of the Fair Housing Act. It reviews the elements of a claim for reasonable accommodations for persons with disabilities under the FHA. It argues that some courts have incorrectly interpreted the statute restrictively defying the intentions of the drafters of the statute.
The Evaluation Of Children's Impairment In Determining Disability Under The Supplemental Security Income Program, Rachelle Lombardi
The Evaluation Of Children's Impairment In Determining Disability Under The Supplemental Security Income Program, Rachelle Lombardi
Fordham Law Review
No abstract provided.
"Five-Hundred-Year Flood Plains" And Other Unconstitutional Challenges To The Establishment Of Community Residences For The Mentally Disabled, Robert L. Schonfeld
"Five-Hundred-Year Flood Plains" And Other Unconstitutional Challenges To The Establishment Of Community Residences For The Mentally Disabled, Robert L. Schonfeld
Fordham Urban Law Journal
This article examines the impact of state statutes and local ordinances on the establishment of community residences for the mentally disabled. While some states have policies advocating for community residences, these policies are often undermined by barriers such as neighborhood opposition and statutes and ordinances that impede development. The author analyzes the application of the equal protection clause to statutes and ordinances affecting the mental disabled, ultimately concluding that many are unconstitutional. Finally, the author discusses the impact of City of Cleburne v. Cleburne Living Center on state statutes and local ordinances that limit the establishment of community residences. The …
New York Heart Bills: Presumptions Governing Police And Firefighters' Cardiac Disabilities, Andrea J. Berger
New York Heart Bills: Presumptions Governing Police And Firefighters' Cardiac Disabilities, Andrea J. Berger
Fordham Urban Law Journal
In New York, two statutes govern heart disease suffered by police officers and firefighters - one covering New York City, and the other covering New York State. Both bills establish a line-of-duty presumption which provides that any impairment of health caused by diseases of the heart and the resulting disability or death are presumptive evidence that the impairment was job connected, unless proven otherwise. This Note analyzes the history and current status of New York's two heart bills, including the effect of judicial interpretations of the City Heart Bill, and assesses various alternatives available to the City.
The Handicapped And Mass Transportation: The Effectiveness Of Section 504 In Implementing Equal Access, Serene K. Nakano
The Handicapped And Mass Transportation: The Effectiveness Of Section 504 In Implementing Equal Access, Serene K. Nakano
Fordham Urban Law Journal
In an effort to advance the rights of handicapped people to use mass transportation, the Department of Transportation has enacted a series of regulations that required facilities to be updated to allow for effective use by the handicapped, including the non-ambulatory wheelchair bound. As part of these regulations, section 504 of the Rehabilitation Act contained a general clause prohibiting discrimination against the handicapped by recipients of federal funds. The legislative history of the Rehabilitation Act makes it clear that Congress intended the handicapped to be integrated into mainstream society. Imposition of such a dichotomy, moreover runs afoul of the Federal-Aid …
Ending Discrimination Against The Handicapped Or Creating New Problems? The Hew Rules And Regulations Implementing Section 504 Of The Rehabilitation Act Of 1973, Abbe Herbst
Fordham Urban Law Journal
Congress' intention of the Rehabilitation Act of 1973 was to eradicate discrimination based on handicap. Note examines how the Rules and Regulations promulgated to implement section 504 of the Act by permitting waivers under certain circumstances fall short of accomplishing this goal and examines the small, but increasing number of cases decided under the Act.
The Proposed Twenty-Fifth Amendment To The Constitution, John D. Feerick
The Proposed Twenty-Fifth Amendment To The Constitution, John D. Feerick
Fordham Law Review
After years of unsuccessful attempts to agree on a proposed solution to the lack of procedures for declaring presidential inabilities and filling vice-presidential vacancies, Congress was finally jolted into action by the assassination of President John F. Kennedy. On Tuesday, July 6, 1965, Congress proposed the Twenty-Fifth Amendment to the Constitution, designed to solve these problems once and for all. The purpose of this Article is to relate briefly the history behind the proposed amendment, to describe its legislative development, and to analyze its provisions. The author was involved in the amendment’s drafting and wrote this Article after Congress approved …
Accidental Injury Under The New York Workmen's Compensation Law
Accidental Injury Under The New York Workmen's Compensation Law
Fordham Law Review
No abstract provided.