Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Disability Law (20)
- Education Law (8)
- Civil Rights and Discrimination (7)
- Education (6)
- Administrative Law (5)
-
- Social Welfare Law (5)
- Disability and Equity in Education (4)
- Educational Administration and Supervision (4)
- Human Rights Law (4)
- Labor and Employment Law (4)
- Social and Behavioral Sciences (4)
- Special Education Administration (4)
- Arts and Humanities (3)
- Law and Gender (3)
- Sexuality and the Law (3)
- Comparative and Foreign Law (2)
- Feminist, Gender, and Sexuality Studies (2)
- Special Education and Teaching (2)
- Workers' Compensation Law (2)
- American Politics (1)
- Courts (1)
- Criminal Law (1)
- Criminal Procedure (1)
- Economics (1)
- Educational Psychology (1)
- Gender and Sexuality (1)
- Health Law and Policy (1)
- Higher Education (1)
- International Law (1)
- Institution
-
- Selected Works (9)
- Pepperdine University (7)
- DePaul University (3)
- Saint Louis University School of Law (3)
- SelectedWorks (3)
-
- American University Washington College of Law (1)
- Maurer School of Law: Indiana University (1)
- Nova Southeastern University (1)
- Schulich School of Law, Dalhousie University (1)
- Southern Methodist University (1)
- University of Massachusetts Boston (1)
- University of Missouri School of Law (1)
- University of Nevada, Las Vegas (1)
- University of Pittsburgh School of Law (1)
- University of Wollongong (1)
- W.E. Upjohn Institute for Employment Research (1)
- Publication
-
- Journal of the National Association of Administrative Law Judiciary (7)
- Mel Cousins (3)
- All Faculty Scholarship (2)
- College of Law Faculty (2)
- Articles (1)
-
- Articles in Law Reviews & Other Academic Journals (1)
- Articles, Book Chapters, & Popular Press (1)
- Carmen G. Gonzalez (1)
- Data Note Series, Institute for Community Inclusion (1)
- Faculty Journal Articles and Book Chapters (1)
- Faculty Publications (1)
- Faculty of Law, Humanities and the Arts - Papers (Archive) (1)
- Gabriel Arkles (1)
- H. Allan Hunt (1)
- ILSA Journal of International & Comparative Law (1)
- Indiana Journal of Law and Social Equality (1)
- James T Struck (1)
- Janos Fiala-Butora (1)
- Mark C. Weber (1)
- Michelle A. Travis (1)
- Nancy J. Knauer (1)
- Robert A. Garda (1)
- Robert L. Hayman (1)
- Saint Louis University Law Journal (1)
- UNLV Theses, Dissertations, Professional Papers, and Capstones (1)
- Upjohn Institute Technical Reports (1)
- Publication Type
- File Type
Articles 1 - 30 of 36
Full-Text Articles in Law
The Effects Of The Jccs Curriculum On Juveniles' Legal Knowledge, Competency, And Anxiety, Leslie Strasser Murdock
The Effects Of The Jccs Curriculum On Juveniles' Legal Knowledge, Competency, And Anxiety, Leslie Strasser Murdock
UNLV Theses, Dissertations, Professional Papers, and Capstones
Current law requires that juveniles be competent to stand trial prior to their involvement as defendants in court. According to Dusky v. US, a defendant must have a rational and factual understanding of the court proceedings to be deemed competent to stand trial. Past studies call into question whether juveniles at any age could meet the understanding element of the standard articulated in Dusky v. US (1960). Additionally, youth with disabilities have less knowledge than their typical peers. Besides a lack of legal knowledge, court related anxiety has also been found to have a significant effect on youths going to …
A Study Of Occupational Disease Claims Within Washington's Workers' Compensation System, Kevin Hollenbeck, Peter S. Barth, H. Allan Hunt, Kenneth D. Rosenman
A Study Of Occupational Disease Claims Within Washington's Workers' Compensation System, Kevin Hollenbeck, Peter S. Barth, H. Allan Hunt, Kenneth D. Rosenman
H. Allan Hunt
No abstract provided.
Invisible Ink: Intersectionality And Political Inquiry, Dara Z. Strolovich
Invisible Ink: Intersectionality And Political Inquiry, Dara Z. Strolovich
Indiana Journal of Law and Social Equality
No abstract provided.
A Study Of Occupational Disease Claims Within Washington's Workers' Compensation System, Kevin M. Hollenbeck, Peter S. Barth, H. Allan Hunt, Kenneth D. Rosenman
A Study Of Occupational Disease Claims Within Washington's Workers' Compensation System, Kevin M. Hollenbeck, Peter S. Barth, H. Allan Hunt, Kenneth D. Rosenman
Upjohn Institute Technical Reports
No abstract provided.
The Disabled And Work: Some Problems Raised And Highlighted By The Americans With Disabilities Act Of 1990, Peter M. Panken
The Disabled And Work: Some Problems Raised And Highlighted By The Americans With Disabilities Act Of 1990, Peter M. Panken
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Beyond The Threshold: Wincing At Social Security's Process Of Evaluating Pain , David J. Agatstein
Beyond The Threshold: Wincing At Social Security's Process Of Evaluating Pain , David J. Agatstein
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Alcoholism As A Disability Under The Social Security Act - An Analysis Of The History, And Proposals For Change, Joyce Krutick Barlow
Alcoholism As A Disability Under The Social Security Act - An Analysis Of The History, And Proposals For Change, Joyce Krutick Barlow
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
A Reflection On The Future Of Administrative Adjudication As Seen From An Examination Of The Status Of Social Security Disability Adjudications, Delois Toins Leapheart
A Reflection On The Future Of Administrative Adjudication As Seen From An Examination Of The Status Of Social Security Disability Adjudications, Delois Toins Leapheart
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Was The Third Circuit Off Base In Failing To Accord Chevron Deference To Social Security Administration's Interpretation Of The Statute's Definition Of Disability?, Victor G. Rosenblum
Was The Third Circuit Off Base In Failing To Accord Chevron Deference To Social Security Administration's Interpretation Of The Statute's Definition Of Disability?, Victor G. Rosenblum
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Paternalistic Discrimination: The Chevron Deference Misplaced In Chevron U.S.A., Inc. V. Echazabal, Tricia M. Patterson
Paternalistic Discrimination: The Chevron Deference Misplaced In Chevron U.S.A., Inc. V. Echazabal, Tricia M. Patterson
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Have The Amendments To The Individuals With Disabilities Education Act Razed Rowley And Raised The Substantive Standard For "Free Appropriate Public Education?", Perry A. Zirkel
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
School Bullying Victimization As An Educational Disability, Douglas E. Abrams
School Bullying Victimization As An Educational Disability, Douglas E. Abrams
Faculty Publications
Parts I and II of this essay urge school authorities, parents, and other concerned citizens to perceive bullying victimization as a disability that burdens targeted students. Since 1975, the federal Individuals with Disabilities Education Act (IDEA) has guaranteed “full educational opportunity to all children with disabilities” in every state. The IDEA reaches both congenital disabilities and disabilities that, like bullying victimization, stem from events or circumstances unrelated to biology or birth. To set the context for perceiving bullying victimization as an educational disability, Part I describes the public schools' central role in protecting bullied students, and then briefly discusses the …
Mobility Allowance And The Law, Mel Cousins
Mobility Allowance And The Law, Mel Cousins
Mel Cousins
The Irish government has recently announced the abolition of the mobility allowance and motorised transport grant. It appears that this decision was heavily influenced by the Government’s view that ‘the schemes are illegal in the context of the Equal Status Acts’. Although the reform options considered and legal advice received have not been specified, the impression has been created that reform would be very complex and that it would be impossible to reform the existing scheme to make it legally compliant without a major increase in its budget. This note discuses the legal issues concerning the operation of the mobility …
Equal Treatment And Objective Justification In Social Security Cases Under The European Convention On Human Rights, Mel Cousins
Equal Treatment And Objective Justification In Social Security Cases Under The European Convention On Human Rights, Mel Cousins
Mel Cousins
This article discusses recent UK case law on equal treatment and social security with particular reference on objective justification in two important recent decisions: the Supreme Court decision in Humphreys and the Court of Appeal’s judgement in Burnip. There has been a marked and progressive improvement in the analysis of equal treatment issues under the ECHR by the UK courts. Decisions of European Court have helped to clarify that Article 14 is not narrowly confined to the grounds set out in Article 14 and that a broader range of statuses are also covered. The more flexible approach to comparators has …
The Obligation To Investigate Ill-Treatment Of Persons With Disabilities: The Way Forward, Janos Fiala-Butora
The Obligation To Investigate Ill-Treatment Of Persons With Disabilities: The Way Forward, Janos Fiala-Butora
Janos Fiala-Butora
No abstract provided.
"All Areas Of Suspected Disability", Mark Weber
"All Areas Of Suspected Disability", Mark Weber
College of Law Faculty
The Individuals with Disabilities Education Act (IDEA) requires school districts to assess children “in all areas of suspected disability.” It further provides that each child’s individualized education program (IEP) must contain measurable annual goals designed to “meet each of the child’s . . . educational needs that result from the child’s disability,” and a statement of special education and related services that will be provided for the child “to advance appropriately toward attaining annual goals.” Courts have strictly enforced these requirements in the last several years, remedying violations of IDEA when school districts fail to assess in all areas of …
"All Areas Of Suspected Disability", Mark Weber
"All Areas Of Suspected Disability", Mark Weber
College of Law Faculty
The Individuals with Disabilities Education Act (IDEA) requires school districts to assess children “in all areas of suspected disability.” It further provides that each child’s individualized education program (IEP) must contain measurable annual goals designed to “meet each of the child’s . . . educational needs that result from the child’s disability,” and a statement of special education and related services that will be provided for the child “to advance appropriately toward attaining annual goals.” Courts have strictly enforced these requirements in the last several years, remedying violations of IDEA when school districts fail to assess in all areas of …
Liberty And Justice For All: The Convention On The Rights Of Persons With Disabilities, Eme Grant, Rhonda Neuhaus
Liberty And Justice For All: The Convention On The Rights Of Persons With Disabilities, Eme Grant, Rhonda Neuhaus
ILSA Journal of International & Comparative Law
At the heart of every just society are mechanisms that ensure full inclusivity of citizenry, equal rights to both representation and reparation, and impartial judgment.
Illinois, Cook County, Nu Torture, Enslave, Chemical Weapons, Response To State Police Concerns That Concern With Torture,Enslavement, Chemical Weapons Use Is Harassment, James T. Struck
James T Struck
Illinois, Northwestern, Cook County, IIT Torture, Enslave, Genocide, Use chemical weapons against people who are different or have disability- Response to Illinois State Police that concerns with NU, Illinois, Cook County torture is harassment, Asylum Sought to Avoid Illinois Torture. Illinois steals disabled resources to fund Boeing involved in weapons sales, Relevant Law Repealed. All communication would end with enforcement of harassing communications acts as someone may not want communication. CRIMINAL OFFENSES(720 ILCS 135/) Harassing and Obscene Communications Act. (Repealed by P.A. 97-1108)Some of the firsts I have achieved Some libraries have a book called Famous First Facts edited by …
Bullying Across The Lifecourse: Redefining Boundaries, Responsibility, And Harm, Nancy J. Knauer
Bullying Across The Lifecourse: Redefining Boundaries, Responsibility, And Harm, Nancy J. Knauer
Nancy J. Knauer
Over the last fifteen years, our understanding of bullying has experienced a radical redefinition. In our schools, universities, workplaces, and assisted living facilities, behavior that we once dismissed as “horseplay” or “teasing” has increasingly been labeled as unacceptable and, in some instances, criminal. We seem to have reached one of those societal tipping points where certain behaviors we once took for granted are no longer acceptable. Not that long ago, sexual harassment was simply the cost of being female in the workplace, but the 1980s saw a period of redefinition when sexual harassment was reinterpreted and understood to be a …
"All Areas Of Suspected Disability", Mark C. Weber
"All Areas Of Suspected Disability", Mark C. Weber
Mark C. Weber
The Individuals with Disabilities Education Act (IDEA) requires school districts to assess children “in all areas of suspected disability.” It further provides that each child’s individualized education program (IEP) must contain measurable annual goals designed to “meet each of the child’s . . . educational needs that result from the child’s disability,” and a statement of special education and related services that will be provided for the child “to advance appropriately toward attaining annual goals.” Courts have strictly enforced these requirements in the last several years, remedying violations of IDEA when school districts fail to assess in all areas of …
Should Congress Create A Special Category Of Ssa Aljs, Jeffrey Lubbers
Should Congress Create A Special Category Of Ssa Aljs, Jeffrey Lubbers
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Identifying (With) Disability: Using Film To Teach Employment Discrimination, Elizabeth Pendo
Identifying (With) Disability: Using Film To Teach Employment Discrimination, Elizabeth Pendo
All Faculty Scholarship
Building on a prior article about using film to teach health law, this Essay is intended to share my experience using the film Philadelphia as a method of enhancing coverage and discussion of the employment provisions of the Americans with Disabilities Act (ADA), and to provide an opportunity for recognition of, and identification with, the experiences of people with disabilities.
Protecting Rights And Building Capacities: Challenges To Global Mental Health Policy In Light Of The Convention On The Rights Of Persons With Disabilities, Sheila Wildeman
Articles, Book Chapters, & Popular Press
The World Health Organization (WHO) has in the last decade identified mental health as a priority for global health promotion and international development, to be targeted through promulgation of evidence-based medical practices, health systems reform, and respect for human rights. Yet these overlapping strategies are marked by tensions as the historical primacy of expert-led initiatives is increasingly subject to challenge by new social movements – in particular, disabled persons’ organizations (DPOs). These tensions come into focus upon situating the WHO’s contributions to the analysis of global mental health in light of the negotiation and early stages of implementation of the …
'Section 32: A Report On The Human Service And Criminal Pathways Of People Diagnosed With Mental Health Disorder And Cognitive Disability In The Criminal Justice System Who Have Received Orders Under The Mental Health (Forensic Provisions) Act 1990 (Nsw)', Linda Roslyn Steele, Leanne Dowse, Julian Trofimovs
'Section 32: A Report On The Human Service And Criminal Pathways Of People Diagnosed With Mental Health Disorder And Cognitive Disability In The Criminal Justice System Who Have Received Orders Under The Mental Health (Forensic Provisions) Act 1990 (Nsw)', Linda Roslyn Steele, Leanne Dowse, Julian Trofimovs
Faculty of Law, Humanities and the Arts - Papers (Archive)
A brief discussion of the MHDCD Project is appropriate in order to contextualise the Section 32 MHDCD Project. The MHDCD Project concerns a cohort of 2,731 men and women, both Indigenous and non-Indigenous, who have been in prison in New South Wales and whose mental health disorder and cognitive disability diagnoses are known (the 'MHDCD cohort'). The cohort was drawn from the 2001 NSW Inmate Health Survey (IHS) and from the NSW Department of Corrective Services State-wide Disability Service Database (SDD). Ethics approval was obtained from all of the relevant ethics bodies, including from the University of New South Wales …
Data Note: State Intellectual And Developmental Disability Agencies’ Service Trends, Jean Winsor
Data Note: State Intellectual And Developmental Disability Agencies’ Service Trends, Jean Winsor
Data Note Series, Institute for Community Inclusion
In FY2011, an estimated 570,406 individuals received day or employment supports from state IDD program agencies. This number grew from 458,650 in FY1999. The estimated number of individuals in integrated employment services increased from 108,296 in FY1999 to 110,295 in FY2011. State investment continues to emphasize facility-based and non-work services, rather than integrated employment services. Figure 1 shows the trends in the percentage of people served in integrated employment and facilitybased and non-work settings between FY2004 and FY2011.
Identifying (With) Disability: Using Film To Teach Employment Discrimination, Elizabeth Pendo
Identifying (With) Disability: Using Film To Teach Employment Discrimination, Elizabeth Pendo
All Faculty Scholarship
Building on a prior article about using film to teach health law, this Essay is intended to share my experience using the film Philadelphia as a method of enhancing coverage and discussion of the employment provisions of the Americans with Disabilities Act (ADA), and to provide an opportunity for recognition of, and identification with, the experiences of people with disabilities.
Identifying (With) Disability: Using Film To Teach Employment Discrimination, Elizabeth Pendo
Identifying (With) Disability: Using Film To Teach Employment Discrimination, Elizabeth Pendo
Saint Louis University Law Journal
No abstract provided.
Unprotected Sex: The Pregnancy Discrimination Act At 35, Deborah L. Brake, Joanna L. Grossman
Unprotected Sex: The Pregnancy Discrimination Act At 35, Deborah L. Brake, Joanna L. Grossman
Articles
Thirty-five years ago, Congress passed the Pregnancy Discrimination Act to overturn a Supreme Court decision refusing to recognize pregnancy discrimination as a form of discrimination based on sex. Now, three and a half decades later, women whose work lives are impacted by pregnancy are again finding themselves unprotected from discrimination. Lower court rulings have eviscerated the Act’s protections at the same time that an expansion of worker rights under the Americans with Disabilities Act should redound to the benefit of pregnant women by expanding the pool of comparators who receive accommodations. By following trends in discrimination law generally - equating …
Unprotected Sex: The Pregnancy Discrimination Act At 35, Deborah L. Brake, Joanna L. Grossman
Unprotected Sex: The Pregnancy Discrimination Act At 35, Deborah L. Brake, Joanna L. Grossman
Faculty Journal Articles and Book Chapters
Thirty-five years ago, Congress passed the Pregnancy Discrimination Act to overturn a Supreme Court decision refusing to recognize pregnancy discrimination as a form of discrimination based on sex. Now, three and a half decades later, women whose work lives are impacted by pregnancy are again finding themselves unprotected from discrimination. Lower court rulings have eviscerated the Act’s protections at the same time that an expansion of worker rights under the Americans with Disabilities Act should redound to the benefit of pregnant women by expanding the pool of comparators who receive accommodations. By following trends in discrimination law generally - equating …