Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Touro University Jacob D. Fuchsberg Law Center (7)
- Selected Works (4)
- American University Washington College of Law (2)
- Seattle University School of Law (2)
- University of Louisville (2)
-
- Florida A&M University College of Law (1)
- Mitchell Hamline School of Law (1)
- Saint Louis University School of Law (1)
- St. John's University School of Law (1)
- The Catholic University of America, Columbus School of Law (1)
- University of Connecticut (1)
- University of Pennsylvania Carey Law School (1)
- University of Washington School of Law (1)
- Washington and Lee University School of Law (1)
- Keyword
-
- ADA (13)
- Discrimination (7)
- IDEA (5)
- EEOC (4)
- Supreme Court (4)
-
- Americans with Disabilities Act (3)
- Title II (3)
- Title VII (3)
- Transgender people (3)
- ADAAA (2)
- American legal system (2)
- CRPD (2)
- Children (2)
- Children with disabilities (2)
- Civil Rights (2)
- Congress (2)
- DASA (2)
- DOJ (2)
- Disability Discrimination (2)
- ESSA (2)
- Endrew (2)
- FAPE (2)
- Foreword (2)
- Higher Education (2)
- Individuals with disabilities (2)
- Least restrictive environment (2)
- NCLB (2)
- Rehabilitation Act (2)
- Samuel Levine (2)
- Symposium (2)
- Publication
-
- Touro Law Review (7)
- Laura Rothstein (3)
- All Faculty Scholarship (2)
- Brandeis School of Law Faculty Scholarship (2)
- Seattle University Law Review (2)
-
- American University Journal of Gender, Social Policy & the Law (1)
- Articles in Law Reviews & Other Academic Journals (1)
- Catholic University Law Review (1)
- Faculty Articles and Papers (1)
- Faculty Scholarship (1)
- Florida A & M University Law Review (1)
- Journal of Civil Rights and Economic Development (1)
- Samuel J. Levine (1)
- Washington Law Review (1)
- Washington and Lee Journal of Civil Rights and Social Justice (1)
- Publication Type
Articles 1 - 26 of 26
Full-Text Articles in Disability Law
Don't Say Depression: Specific Diagnosable Injuries Under The Washington Law Againt Discrimination's Privilege Statute, Jack Miller
Washington Law Review
In 2018, the Washington State Legislature amended the Washington Law Against Discrimination (WLAD) to prevent automatic waivers of physician- and psychologist-patient privileges when plaintiffs claim non-economic, emotional distress damages. This legislation appears to be in response to the Washington Court of Appeals’ decision Lodis v. Corbis Holding, Inc.,which held that a plaintiff waives their patient- and psychologist-privilege merely by alleging emotional distress damages. The new law, RCW 49.60.510, prevents waiver unless the plaintiff alleges a specific diagnosable injury, relies on the testimony of a healthcare or psychiatric expert, or claims a “failure to accommodate a disability or discrimination on …
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.
A Primer On Disability Discrimination In Higher Education, Laura Rothstein
A Primer On Disability Discrimination In Higher Education, Laura Rothstein
Laura Rothstein
This article provides an overview of key issues and a focus on some of the most significant and important recent developments that should be given a high priority by university attorneys and higher education administrators and policymakers. It emphasizes the role that administrators responsible for facilitating or coordinating disability services on campus can play in ensuring that faculty members, staff members, and other administrators have the knowledge and tools to ensure access and also to avoid liability to the institution. Major changes in the Trump administration and Congress may signal changes that could affect disability discrimination issues on campus. These …
A Primer On Disability Discrimination In Higher Education, Laura Rothstein
A Primer On Disability Discrimination In Higher Education, Laura Rothstein
Brandeis School of Law Faculty Scholarship
This article provides an overview of key issues and a focus on some of the most significant and important recent developments that should be given a high priority by university attorneys and higher education administrators and policymakers. It emphasizes the role that administrators responsible for facilitating or coordinating disability services on campus can play in ensuring that faculty members, staff members, and other administrators have the knowledge and tools to ensure access and also to avoid liability to the institution. Major changes in the Trump administration and Congress may signal changes that could affect disability discrimination issues on campus. These …
For Him Who Shall Have Borne The Battle: How The Presumption Of Competence Undermines Veterans’ Disability Law, Chase Cobb
Washington and Lee Journal of Civil Rights and Social Justice
When the Veterans Administration denies a veteran’s claim for disability benefits it often does so based on the opinion of an expert medical examiner—usually a doctor or a nurse. But under a recent federal rule, the VA carries no burden of laying a foundation for the expert medical examiner’s opinion—no burden of establishing the quality of the expert’s education or the depth of her experience; no burden of establishing the scope of the expert’s training or the soundness of her reasoning. Instead, the VA may simply presume the qualifications of its own expert examiner and throw the burden on the …
Would The Ada Pass Today?: Disability Rights In An Age Of Partisan Polarization, Laura Rothstein
Would The Ada Pass Today?: Disability Rights In An Age Of Partisan Polarization, Laura Rothstein
Laura Rothstein
The Americans with Disabilities Act of 1990 (ADA) was the most significant civil rights legislation enacted since the Civil Rights Act of 1964. It provided comprehensive protection against discrimination for individuals with disabilities in employment, public accommodations, and public services. It built on § 504 of the Rehabilitation Act that provided these protections only to programs receiving federal financial assistance. It afforded broad access to those individuals who had benefitted from the 1975 Individuals with Disabilities Education Act. This complex and far-reaching legislation was made possible by a confluence of timing and the right people at the right place at …
Reflections On Disability Discrimination Policy—25 Years, Laura F. Rothstein
Reflections On Disability Discrimination Policy—25 Years, Laura F. Rothstein
Laura Rothstein
No abstract provided.
Symposium Current Issues In Disability Rights Law, Samuel J. Levine
Symposium Current Issues In Disability Rights Law, Samuel J. Levine
Samuel J. Levine
No abstract provided.
Classifying Wcag 2.0 Guidelines As The Legal Standard For Websites Under Title Iii Of The Americans With Disabilities Act, Toni Cannady
Classifying Wcag 2.0 Guidelines As The Legal Standard For Websites Under Title Iii Of The Americans With Disabilities Act, Toni Cannady
Catholic University Law Review
Over the last two decades, technological advancements have driven significant changes in society that have led to more productivity, more convenience, and more accessibility. In particular, websites serve as a platform for consumers to engage in commerce. Under Title III of the Americans with Disabilities Act, public accommodations are prohibited from discriminating on the basis of disability. Nonetheless, to date, the law “has failed to keep pace with these technological advances” creating profound effects for individuals with disabilities and businesses alike. However, in the absence of clearly defined standards, lawsuits by plaintiffs have fueled a new body of judicially made …
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.
Digital Accessibility And Disability Accommodations In Online Dispute Resolution: Odr For Everyone, David Larson
Digital Accessibility And Disability Accommodations In Online Dispute Resolution: Odr For Everyone, David Larson
Faculty Scholarship
Court systems are exploring and beginning to adopt online dispute resolution (ODR) systems, and it is critical that they make digital accessibility a priority. Even though we need to pay close attention to ODR developments in court systems, we cannot overlook the fact that there are ODR providers in the private sector whose systems also must be accessible for persons with disabilities. Plaintiffs filed more ADA Title III website accessibility lawsuits in federal court for the first six months of 2018 than in all of 2017. There were at least 1053 such lawsuits in the first six months of 2018, …
A Life Worth Living: Fighting Filicide Against Children With Disabilities
A Life Worth Living: Fighting Filicide Against Children With Disabilities
Florida A & M University Law Review
This article aims to explore filicide as it relates to children with disabilities. Filicide is a specific type of killing where a parent murders his or her own child. Part II gives a historical perspective on filicide. Part II also explains the various reasons behind filicide and why those reasons specifically apply to the killings of children with disabilities. Further, Part III explores the relationship between sentencing disparities in cases where society sympathizes with the parents of children with disabilities and condemns parents of nondisabled children. Part III also argues that children with disabilities face additional barriers in the fight …
Reflections On Representing Incarcerated People With Disabilities: Ableism In Prison Reform Litigation, Jamelia Morgan
Reflections On Representing Incarcerated People With Disabilities: Ableism In Prison Reform Litigation, Jamelia Morgan
Faculty Articles and Papers
Over the last five decades, advocates have fought for and secured constitutional prohibitions challenging solitary confinement, including ending the placement and prolonged isolation of individuals with psychiatric disabilities in solitary confinement. Yet, despite the valiant efforts of this courageous movement to protect the rights of incarcerated people with disabilities through litigation, the legal regime protecting these rights reflects a troubling paradigm: ableism.
Ableism is a complex system of cultural, political, economic, and social practices that facilitate, construct, or reinforce the subordination of people with disabilities in a given society. In this Essay I argue that current Eighth Amendment jurisprudence in …
Would The Ada Pass Today?: Disability Rights In An Age Of Partisan Polarization, Laura Rothstein
Would The Ada Pass Today?: Disability Rights In An Age Of Partisan Polarization, Laura Rothstein
Brandeis School of Law Faculty Scholarship
The Americans with Disabilities Act of 1990 (ADA) was the most significant civil rights legislation enacted since the Civil Rights Act of 1964. It provided comprehensive protection against discrimination for individuals with disabilities in employment, public accommodations, and public services. It built on § 504 of the Rehabilitation Act that provided these protections only to programs receiving federal financial assistance. It afforded broad access to those individuals who had benefitted from the 1975 Individuals with Disabilities Education Act. This complex and far-reaching legislation was made possible by a confluence of timing and the right people at the right place at …
Why America Is Better Off Because Of The Americans With Disabilities Act And The Individuals With Disabilities Education Act, Peter Blanck
Why America Is Better Off Because Of The Americans With Disabilities Act And The Individuals With Disabilities Education Act, Peter Blanck
Touro Law Review
No abstract provided.
Forgotten Children: Rethinking The Individuals With Disabilities Education Act Behavior Provisions, Margaret A. Dalton
Forgotten Children: Rethinking The Individuals With Disabilities Education Act Behavior Provisions, Margaret A. Dalton
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Foreword To The Symposium: Current Issues In Disability Rights Law, Samuel J. Levine
Foreword To The Symposium: Current Issues In Disability Rights Law, Samuel J. Levine
Touro Law Review
No abstract provided.
“Some Things Are Too Hot To Touch”: Competency, The Right To Sexual Autonomy, And The Roles Of Lawyers And Expert Witnesses, Michael L. Perlin, Alison J. Lynch, Valerie R. Mcclain
“Some Things Are Too Hot To Touch”: Competency, The Right To Sexual Autonomy, And The Roles Of Lawyers And Expert Witnesses, Michael L. Perlin, Alison J. Lynch, Valerie R. Mcclain
Touro Law Review
No abstract provided.
The Future Of Disability Rights Protections For Transgender People, Kevin M. Barry, Jennifer L. Levi
The Future Of Disability Rights Protections For Transgender People, Kevin M. Barry, Jennifer L. Levi
Touro Law Review
No abstract provided.
The Application Of Title Ii Of The Americans With Disabilities Act To Employment Discrimination: Why The Circuits Have Gotten It Wrong, William Brooks
The Application Of Title Ii Of The Americans With Disabilities Act To Employment Discrimination: Why The Circuits Have Gotten It Wrong, William Brooks
Touro Law Review
No abstract provided.
Battling Implicit Bias In The Idea To Advocate For African American Students With Disabilities, Dustin Rynders
Battling Implicit Bias In The Idea To Advocate For African American Students With Disabilities, Dustin Rynders
Touro Law Review
No abstract provided.
Using The Ada's 'Integration Mandate' To Disrupt Mass Incarceration, Robert Dinerstein
Using The Ada's 'Integration Mandate' To Disrupt Mass Incarceration, Robert Dinerstein
Articles in Law Reviews & Other Academic Journals
As a result of the disability rights movement's fight for the development of community-based services, the percentage of people with intellectual and developmental disabilities (I/DD) and mental illness living in institutions has significantly decreased over the last few decades. However, in part because of government failure to invest properly in community-based services required for a successful transition from institutions, individuals with disabilities are now dramatically overrepresented in jails and prisons. The Americans with Disabilities Act's (ADA) "integration mandate" -- a principle strengthened by the Supreme Court's 1999 Olmstead v. L.C. decision, entitling individuals with disabilities to receive services in the …
Mixed Signals: What Can We Expect From The Supreme Court In This Post-Ada Amendments Act Era?, Nicole Buonocore Porter
Mixed Signals: What Can We Expect From The Supreme Court In This Post-Ada Amendments Act Era?, Nicole Buonocore Porter
Touro Law Review
No abstract provided.
Permitted Incentives For Workplace Wellness Plans Under The Ada And Gina: The Regulatory Gap, Elizabeth Pendo, Brandon Hall
Permitted Incentives For Workplace Wellness Plans Under The Ada And Gina: The Regulatory Gap, Elizabeth Pendo, Brandon Hall
All Faculty Scholarship
Although workplace wellness plans have been around for decades, they have flourished under the Patient Protection and Affordable Care Act (“PPACA”) into a $6 billion-dollar industry. Under PPACA, a “wellness plan” is a program of health promotion or disease prevention offered by an employer that is designed to promote health or prevent disease and which meets the other applicable requirements of that subsection. Employers look to these programs to promote healthy lifestyles, improve the overall health of employees and beneficiaries, and reduce rising healthcare costs. PPACA’s amendments to the Health Insurance Portability and Accountability Act (“HIPAA”) permit employers to offer …
First Race, Then Sex, Now Disability: The Fight Towards Increased And Equal Employment Of Individuals With Disabilities, Wallis Levy Granat
First Race, Then Sex, Now Disability: The Fight Towards Increased And Equal Employment Of Individuals With Disabilities, Wallis Levy Granat
Journal of Civil Rights and Economic Development
(Excerpt)
Think about a typical morning. 7:00 a.m.: You hear the dreaded alarm and moan as “Superstition” plays. You somehow manage to hit snooze and buy yourself another ten minutes of peaceful bliss. 7:10 a.m.: You roll over, turn the alarm off, and instinctually grab your iPhone. You check Facebook, your email, your Instagram, and your Chase bank account to make sure nothing has changed since you went to sleep. 7:15 a.m.: You reluctantly get out of bed and turn the lights on. 7:20 a.m.: You grab your favorite Tommy Hilfiger shirt and finish getting dressed. 7:25 a.m.: You turn …
The Aesthetics Of Disability, Jasmine E. Harris
The Aesthetics Of Disability, Jasmine E. Harris
All Faculty Scholarship
The foundational faith of disability law is the proposition that we can reduce disability discrimination if we can foster interactions between disabled and nondisabled people. This central faith, which is rooted in contact theory, has encouraged integration of people with and without disabilities, with the expectation that contact will reduce prejudicial attitudes and shift societal norms. However, neither the scholarship nor disability law sufficiently accounts for what this Article calls the “aesthetics of disability,” the proposition that our interaction with disability is mediated by an affective process that inclines us to like, dislike, be attracted to, or be repulsed by …