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Articles 1 - 9 of 9
Full-Text Articles in Law
Disability, Reciprocity, And 'Real Efficiency': A Unified Approach, Amy L. Wax
Disability, Reciprocity, And 'Real Efficiency': A Unified Approach, Amy L. Wax
All Faculty Scholarship
The Americans with Disabilities Act (ADA) requires private employers to offer reasonable accommodation to disabled persons capable of performing the core elements of a job. Some economists have attacked the statute as ill-advised and inefficient. In examining the efficiency of the ADA, this article analyzes its cost-effectiveness against the following social and legal background conditions: First, society will honor a minimum commitment to provide basic support to persons - including the medically disabled - who, through no fault of their own, cannot earn enough to maintain a minimally decent standard of living. Second, legal and pragmatic factors, including "sticky" or …
Re Canada Post Corp And Cupw, Innis Christie
Re Canada Post Corp And Cupw, Innis Christie
Innis Christie Collection
Union grievance filed March 7, 2002 on behalf of all affected employees alleging breach of the Collective Agreement between the parties bearing the expiry date January 31, 2003, in that the Employer violated Articles 2, 11, 13, 15, 17 and all other related provisions of the Collective Agreement by placing full-time supervisor, David Waller, into a full-time letter carrier position/assignment at the Dartmouth Delivery Centre. The Union seeks an order that the Employer remove David Waller from the full-time letter carrier position/assignment and grant full redress to all affected employees under either Article 39.01 or Article 17.04.
Why Not The Best? Service Delivery Core Review Report, H. Allan Hunt
Why Not The Best? Service Delivery Core Review Report, H. Allan Hunt
Upjohn Institute Technical Reports
No abstract provided.
Re Canada Post Corp And Cupw (N00-00-00008), Innis Christie
Re Canada Post Corp And Cupw (N00-00-00008), Innis Christie
Innis Christie Collection
The parties have requested a declaratory judgement interpreting Article 20.10 of the Agreement, respecting deduction of sick leave credit. The Union takes the position that the Article applies to employees classified as full-time but only working part of the day due to participation in a work-hardening program or because of a disability being accommodated by the Employer. The Employer's position is that the provision is only intended to apply to absences for part of a full- time shift because of unexpected onset of illness during the shift.
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.
Disability, Doctors And Dollars: Distinguishing The Three Faces Of Reasonable Accommodation, Elizabeth Pendo
Disability, Doctors And Dollars: Distinguishing The Three Faces Of Reasonable Accommodation, Elizabeth Pendo
All Faculty Scholarship
Despite a decade of litigation, there is no consistent understanding of the reasonable accommodation requirement of Title I of the Americans with Disabilities Act of 1990 (the 'ADA'). Indeed, there are three inconsistent distributive outcomes that appear to comport with the reasonable accommodation requirement: cost-shifting, cost-sharing, and cost-avoidance.
One reason for such inconsistent outcomes is a failure to develop a coherent and consistent theory of disability. Because disability has been and continues to be medicalized, this Article takes a fresh look at the medical literature on health, illness, and disability. It recommends the use of the experiential health model over …
How Not To End Disability, Janet Radcliffe Richards
How Not To End Disability, Janet Radcliffe Richards
San Diego Law Review
When advances in genetic technology offer the chance of preventing or curing disease and disability, it is one thing to recommend caution on the grounds that these obvious benefits may be outweighed by associated harms. It is quite another to deny even that there are benefits to be outweighed, and that attempts to prevent disability by these means should be resisted outright. That, however, is a view that is increasingly widespread in the disability rights movement.
Is Compensation For Workplace Injuries Adequate?, H. Allan Hunt
Is Compensation For Workplace Injuries Adequate?, H. Allan Hunt
Employment Research Newsletter
No abstract provided.
Un-Natural Things: Constructions Of Race, Gender, And Disability, Robert Hayman, Nancy Levit
Un-Natural Things: Constructions Of Race, Gender, And Disability, Robert Hayman, Nancy Levit
Robert L. Hayman
No abstract provided.