Law Commons^™

The Supreme Court 1997- 1998 Labor And Employment Law Term (Part Ii): The Nlra, Takings Clause, And Ada Cases, Marley S. Weiss

Marley S. Weiss

No abstract provided.

Beyond The Ada: How Clinics Can Assist Law Students With “Non-Visible” Disabilities To Bridge The Accommodations Gap Between Classroom And Practice, Alexis Anderson, Norah Wylie

Norah Wylie

This article examines how best to educate law students with disabilities so that they can successfully transition from classroom to practice. At the very time that the importance of experiential learning is being trumpeted as critical to the preparation of all law students for practice, all too little attention has been given to the role of clinical education in helping students with non-visible disabilities succeed in their chosen careers. Increasingly, law students are seeking accommodations for a range of mental health, cognitive, and learning disabilities. Law schools have become more adept at providing accommodations in academic classes to qualified students …

Assessing Post-Ada Employment: Some Econometric Evidence And Policy Considerationsjels, John J. Donohue

John Donohue

This article explores the relationship between the Americans with Disabilities Act (ADA) and the relative labor market outcomes for people with disabilities. Using individual-level longitudinal data from 1981 to 1996 derived from the previously unexploited Panel Study of Income Dynamics (PSID), we examine the possible effect of the ADA on (1) annual weeks worked; (2) annual earnings; and (3) hourly wages for a sample of 7,120 unique male household heads between the ages of 21 and 65, as well as for a subset of 1,437 individuals appearing every year from 1981 to 1996. Our analysis of the larger sample suggests …

Ada And The Internet: Standardizing The Accessibility Of Web Sites, Laura Corcoran

Laura Corcoran

The Department of Justice (DOJ) is currently considering what standards should be applied to commercial web sites to make online information and services accessible to people with disabilities. Should the overall performance of a website be the measuring standard, or would compliance with technical rules be a sufficient measure of web accessibility?

There are dangers in adopting technical standards in DOJ regulations. The process of updating regulations is slow and will not keep pace with changing technology. Accessibility issues involving detailed technical standards would likely deteriorate into battles about computer programming techniques. Compliance with technical standards does not necessarily guarantee …

Discrimination Cases In The 2001 Term Of The Supreme Court (Symposium: The Fourteenth Annual Supreme Court Review), Eileen Kaufman

Eileen Kaufman

No abstract provided.

Disability Law - Americans With Disabilities Act Of 1990 - Title Ii And Title Iii And The Expansion Of Captioning For The Deaf: From Televisions And Movie Theaters To Stadiums And Arenas, Daniel Haney

University of Arkansas at Little Rock Law Review

No abstract provided.

Other Civil Rights Decisions In The October 2005 Term: Title Vii, Idea, And Section 1981(Eighteenth Annual Supreme Court Review), Eileen Kaufman

Eileen Kaufman

No abstract provided.

Discrimination Cases In The October 2004 Term, Eileen Kaufman

Eileen Kaufman

No abstract provided.

Discrimination Cases In The Supreme Court's 1997 Term (The Supreme Court And State And Local Government Law: The 1997-1998 Term), Eileen Kaufman

Eileen Kaufman

No abstract provided.

Discrimination Cases In The 2000 Term, Eileen Kaufman

Eileen Kaufman

No abstract provided.

Discrimination Cases Of The 2002 Term (Symposium: The Fifteenth Annual Supreme Court Review), Eileen Kaufman

Eileen Kaufman

No abstract provided.

The Common Law Of Disability Discrimination, Mark C. Weber

Mark C. Weber

In many cases alleging race and sex discrimination, plaintiffs append common law claims to cases asserting federal or state statutory causes of action. In other race and sex cases, plaintiffs put forward these common law claims without making any federal or state statutory claims. Less frequent, and much less frequently discussed by scholars, are common law claims for conduct constituting disability discrimination. Nevertheless, there are sound theoretical and practical reasons to develop a common law of disability discrimination. On the theoretical side of the discussion, federal statutory disability discrimination claims are not exclusive, and the common law can both draw …

Grossly Restricted Pleading: Twombly/Iqbal, Gross And Cannibalistic Facts In Compound Employment Discrimination Claims, Brian S. Clarke

Brian S. Clarke

Beginning in Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007) and concluding with Ashcroft v. Iqbal, 129 S. Ct. 1937 (U.S. 2009), the Supreme Court redefined the requirements of notice pleading under Fed. R. Civ. Proc. 8(a)(2) and the standard of review on motions to dismiss under F. R. Civ. Proc. 12(b)(6). Just one month after Iqbal, the Supreme Court decided Gross v. FBL Financial Servs., Inc., 129 S. Ct. 2343 (U.S. 2009). In Gross, which involved a claim for age discrimination under the Age Discrimination in Employment Act (the “ADEA”), the Court held that an ADEA claim required …

Kicking Down The Door To Employment I: Of Mentors And Schedule A, Myra Wilder, Jo Linda Johnson, William Phelan, Ollie D. Cantos Vii

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Selective Bibliography Relating To Law Students And Lawyers With Disabilities, Adeen Postar

All Faculty Scholarship

No abstract provided.

Federal Disability Discrimination Law And The Toxic Workplace: A Critique Of Ada And Section 504 Case Law Addressing Impairments Caused Or Exacerbated By The Work Environment, John E. Rumel

Articles

No abstract provided.

Rethinking Discrimination Law, Sandra F. Sperino

Faculty Articles and Other Publications

In the 1970s, federal courts began identifying categories of discrimination, such as disparate impact, disparate treatment and harassment. They then created elaborate, multi-part rubrics tied to each category. Modern employment discrimination law is defined by these frameworks. They serve as gatekeepers that control the substantive discrimination narratives juries hear and also structure the ways that judges and litigants think about discrimination.

Legal scholarship is replete with excellent articles challenging specific frameworks courts use to evaluate discrimination claims. This Article does not challenge any particular framework. Instead it challenges whether courts should even use frameworks to conceptualize discrimination in the first …

Disability Trouble, Brad Areheart

College of Law Faculty Scholarship

In the 1960s, the term “gender” emerged in the academic literature to indicate the socially constructed nature of being a man or woman. The gender/sex binary soon became standard academic fare, with sex representing biology and gender representing sex’s social construct. However, in the 1980s feminists became concerned the gender/sex binary – by effectively designating sex as non-social – left room for biological determinism. These feminists made “gender trouble” in part by arguing biological sex was a social concept. The resulting scholarship on sex and gender enriched feminist thought and catalyzed civil rights through an expansion of legal protections.An almost …

Shifting The Conversation: Disability, Disparities And Health Care Reform, Elizabeth Pendo

All Faculty Scholarship

This piece is an invitation to consider health care reform as a political shift in our thinking about the barriers and inequalities experienced by people with disabilities in our health care system. Traditionally, when these issues have been addressed, the predominant approach has been through a civil rights framework, specifically the Rehabilitation Act of 1973 and the American with Disabilities Act of 1990 (ADA). Now, the Patient Protection and Affordable Care Act of 2010 (PPACA) offers a new approach. This essay will outline the barriers to health and health care experienced by people with disabilities, drawing upon my ongoing research …