Law Commons^™

Winning The Battle, Losing The War?: Judicial Scrutiny Of Prisoners' Statutory Claims Under The Americans With Disabilities Act, Christopher J. Burke

Michigan Law Review

When he was convicted in 1994 of drunken driving, escape, and resisting arrest, Ronald Yeskey was sentenced to serve 18 to 36 months in a Pennsylvania prison. In addition, the judge recommended that Yeskey be sent to a motivational boot camp operated by the state. Upon successful completion of the boot camp program, Yeskey's sentence would then be reduced to six months. Although he eagerly wanted to participate, the prison refused him entrance into the boot camp program because of his history of hypertension, and also denied him admission into an alternative program for the disabled. As a result, he …

Asserting The Seventh Amendment: An Argument For The Right To A Jury Trial When Only Back Pay Is Sought Under The Americans With Disabilities Act, Robert L. Strayer, Ii

Vanderbilt Law Review

Juries usually decide whether a defendant's conduct in a tort suit conforms to the standard required by law.' The jury provides a source of community values when it decides the reasonableness of a party's conduct. The jury performs an important role in this regard on issues invoking community values, where judges and juries most frequently come to different conclusions.

The Americans with Disabilities Act ("ADA) creates a right to sue for disability-based discrimination and to recover damages similar to those in a tort suit. Among other issues, a jury may decide if an employer made reasonable accommodations for a disabled …

Current Issues Regarding The Americans With Disabilities Act, John-Paul Motley

Vanderbilt Law Review

President George Bush, noting that "statistics consistently demonstrate that disabled people are the poorest, least educated, and largest minority in America," signed the Americans with Disabilities Act ("ADA") into law in 1990. The ADA prohibits private employers from discriminating against a "qualified individual with a disability" in employment decisions. The Act defines a disability in one of three ways: (1) a physical or mental impairment that substantially limits one or more major life activities; (2) a record of such an impairment; or (3) being regarded by others as having such an impairment. The ADA also prohibits employers from inquiring into …

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 …

Casey's Case: Taking A Slice Out Of The Pga Tour's No-Cart Policy, Tanya R. Sharpe

Florida State University Law Review

No abstract provided.

Discrimination Cases In The Supreme Court's 1997 Term, Eileen Kaufman

Touro Law Review

No abstract provided.

A Title I Dilemma: May Disabled Former Employees Sue For Discrimination Regarding Post-Employment Benefits, Jason D. Myers

Fordham Law Review

No abstract provided.

If You Build It, Can They Sue? Architects' Liability Under Title Iii Of The Ada, James P. Colgate

Fordham Law Review

No abstract provided.

Mr. Peanut Goes To Court: Accomodating An Individuals Peanut Allergy In Schools And Day Care Centers Under The Americans Wtih Disabilities Act, Marie Plicka

Journal of Law and Health

This article explores the ADA and the interpretive case law, as it pertains to schools and day care centers, in hopes of better understanding the purpose of the statute as well as to predict its future. Part II of this article provides a brie explanation of peanut allergies. Part III contains an overview of Title II and Title III of the ADA and their interpretive regulations. Part IV analyzes whether an individual asserting a Title II claim under the ADA, where the relief sought is also available under the Individual with Disabilities Education Act before asserting his or her ADA …

A Uniform Standard For Exemplary Damages In Employment Discrimination Cases, Judith J. Johnson

University of Richmond Law Review

The standards for exemplary damages in employment discrimination cases are in disarray. The major federal provisions that prohibit private employment discrimination, Title VII of the Civil Rights Act of 1964 ("Title VII"),2 42 U.S.C. § 1981 ("§ 1981"), the Age Discrimination in Employment Act ("ADEA"), and the Americans with Disabilities Act ("ADA"), all have an indistinguishably worded standard for assessing exemplary damages: "reckless indifference to federally protected rights."

The Rights Of Bar Examination Applicants With Disabilities In The United States, Edwin R. Hazen, Robert D. Dinerstein

Human Rights Brief

No abstract provided.

Identification Of The Unknown Soldier And The Fight For The Right To Anonymity: The Human Genome Project And Implications Of A National Dna Database, Kelly S. Erbes

Cleveland State Law Review

The focus of this writing is the use of DNA for identification purposes and the issues that arise when genetic traits and/or predisposition to physical or mental conditions are linked to the individual specifically, along with the implications of a national DNA database as a system of identification. It has become the general rule that it is not an unreasonable invasion of privacy to take DNA for the purpose of identifying criminal offenders through a DNA database. This writing will examine the potential for nonconsensual inclusion of nearly everyone into such a system, as well as the ramifications in the …

The Duty To Treat Asymptomatic Hiv-Positive Patients Or Face Disability Discrimination Under Abbott V. Bragdon: The Scylla And Charybdis Facing Today's Dental And Health Care Providers, Lisa Taylor Hudson

University of Richmond Law Review

Imagine yourself in the following scenario. You are an experienced dentist with a small private practice, and you routinely accept new patients and referrals. One of your long-time patients is scheduled for a routine tooth cleaning and dental examination. You make every effort to keep updated documentation on your patients, and in that pursuit, you request that the. patient complete a basic written health questionnaire. In the section relating to medications and relevant medical history, the patient reveals that she is taking medications for Acquired Immunodeficiency Syndrome ("AIDS"),' and that she has tested positive for Human Immunodeficiency Virus ("HIV-positive").