Law Commons^™

Subminimum Or Subpar? A Note In Favor Of Repealing The Fair Labor Standards Act's Subminimum Wage Program, Melia Preedy

Seattle University Law Review

This Note argues for the repeal of Section 14(c) of the Fair Labor Standards Act (FLSA), which continues to perpetuate a system allowing employers to pay less than minimum, or “subminimum,” wage to certain employees with disabilities. The Section 14(c) program is a relic of policy leftover from the 1930s and does not help the disabled community, but rather rests on the presumption that persons with disabilities never progress. In light of recent House Resolution 3086, Congress went against the current trend of encouraging maximum independence and equal opportunities for persons with disabilities and instead upheld the subminimum wage program; …

Social Insecurity: A Modest Proposal For Remedying Federal District Court Inconsistency In Social Security Cases, Jonah J. Horwitz

Pace Law Review

This Article addresses a relatively narrow but consequential problem in the system: the inadequacy of federal judicial resolution of appeals from the denial of Social Security disability benefits. It addresses the problem with an equally narrow, and hopefully equally consequential, solution: granting a published district court decision in such a case the power of binding precedent with respect to the judicial district in which the opinion is issued. In so doing, greater uniformity, consistency, fairness, and efficiency would be brought to a process that is badly in need of all.

The Article proceeds in five parts. Part I provides some …

Fixing Disability Courts, D. Randall Frye

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

California Year In Review: 2013 Special Education Alj Decisions, Ruth Colker

Journal of the National Association of Administrative Law Judiciary

This article reviews 74 special education cases decided by California ALJs between January 1, 2013 and December 11, 2013. The author concludes that the ALJs provided stingy relief even when students prevailed, there was often unsuccessful litigation on behalf of a student following the termination of a consent decree or court order, many of the cases reflected negative attitudes towards the mothers of the student, and school districts often preferred more restrictive placements than the parent/student. Not surprisingly, students faced very unfavorable outcomes when they were not represented by a lawyer.

Appendix

Tennessee Journal of Law and Policy

Tennessee Judicial Branch Americans with Disabilities Act Policy Regarding Access to Judicial Programs

Tennessee V. Lane: Winning The Battle, Losing The War?, Michael Forearm, Ossai Miazad

Tennessee Journal of Law and Policy

Mr. Foreman serves as deputy director for legal programs at the Lawyers Committee for Civil Rights under Law. He is a frequent speaker on civil rights issues and has served as counsel of record for the Lawyer's Committee in several cases before the Supreme Court.

The Policy Implications, Elizabeth Mccallum

Tennessee Journal of Law and Policy

Elizabeth McCallum is a partner at Howrey, Simon, Arnold & White, LLP, in Washington, D.C.

Tennessee's Response To The Supreme Court's Decision, Paul G. Summers, Elizabeth Martin

Tennessee Journal of Law and Policy

Paul G. Summers is the Tennessee Attorney General & Reporter. Elizabeth Martin is an Assistant Tennessee Attorney General.

Tennessee's Legal Strategy, Michael Moore

Tennessee Journal of Law and Policy

Michael Moore is the Tennessee Solicitor General.

Missing The Forest For The Trees: Why Supplemental Needs Trusts Should Be Exempt From Medicaid Determinations, Jeffrey R. Grimyser

Chicago-Kent Law Review

Supplemental needs trusts are trusts designed to assist individuals with disabilities by paying for services and items that Medicaid will not pay for. Federal law, however, is unclear as to whether using one of these trusts automatically disqualifies someone from receiving Medicaid, thereby causing the circuit courts to split on their interpretation. Some circuits have held that the Medicaid statute allows states to enact laws prohibiting the use of these trusts while receiving Medicaid benefits based on the federal law’s statutory language. While other circuits have ruled that individuals can simultaneously receive Medicaid benefits and use supplemental needs trusts given …

Finding A Fix For The Fmla: A New Perspective, A New Solution, Nicole Buonocore Porter

Hofstra Labor & Employment Law Journal

When the Family and Medical Leave Act was enacted in 1993, it was considered landmark legislation, as the first statute that contained an affirmative obligation on some employers to provide up to twelve weeks of unpaid leave for certain enumerated reasons, including for the birth or adoption of a baby, to care for a family member with a serious health condition, or because of the employee’s own serious health condition. Yet, despite the promise of the FMLA, many scholars argue that its faults outweigh its benefits. Critics complain about: the large percentage of the population not covered by the FMLA; …

Beginning With The Body: Fleshy Politics In The Performance Art Of Rebecca Belmore And Leah Lakshmi Piepzna-Samarasinha, Samantha Balzer

Journal of Feminist Scholarship

This article examines what I term the "fleshy" politics of Rebecca Belmore's 2002 Vigil and Leah Lakshmi Piepzna-Samarasinha's contributions to the 2009 version of the performance project Sins Invalid: An Unshamed Claim to Beauty in the Face of Invisibility. Focusing on the embodied performances of both Belmore and Piepzna-Samarasinha, I read the skin of the artist as a site where complex politics develop. This analysis is broken into three sections: the first considers the relationship between the performing body and the performance space; the second attends to specific movements each artist makes; the third focuses on garments worn in each …