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- Board of Trustees of the University of Alabama v. Garrett; Americans with Disabilities Act; state employees and ex parte Young; Title I of the ADA and local governments; Consonance based congruence and proportionality; disability discrimination made illegitimate for equal protection purposes by the ADA as Commerce Clause legislation (1)
- Equal protection (1)
- Fourteenth amendment (1)
- Group home (1)
- Private residential neighborhood (1)
Articles 1 - 2 of 2
Full-Text Articles in Disability Law
Four Pathways Of Undermining Board Of Trustees Of The University Of Alabama V. Garrett, Derek Warden
Four Pathways Of Undermining Board Of Trustees Of The University Of Alabama V. Garrett, Derek Warden
University of Arkansas at Little Rock Law Review
In Board of Trustees of the University of Alabama v. Garrett, the Supreme Court held that Title I of the ADA did not validly abrogate state sovereign immunity; and as such, a plaintiff could not obtain damages against the states or sue the states directly for injunctive relief. Many courts and scholars have read Garrett as sounding the death knell for ADA Title I government employee plaintiffs. This article shows that such fears are misplaced. Indeed, this article offers four pathways around Garrett that show Title I and its requirements are very much alive and well. First, the article shows …
Constitutional Law—Equal Protection—Zoning Ordinance Excluding Home For The Mentally Retarded Fails The Rational Basis Test, Patricia J. Dolson
Constitutional Law—Equal Protection—Zoning Ordinance Excluding Home For The Mentally Retarded Fails The Rational Basis Test, Patricia J. Dolson
University of Arkansas at Little Rock Law Review
No abstract provided.