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Full-Text Articles in Disability Law
Endrew F. Clairvoyance, Mark Weber
Endrew F. Clairvoyance, Mark Weber
College of Law Faculty
The Second Circuit Court of Appeals has declared that “Prior decisions of this Court are consistent with the Supreme Court’s decision in Endrew F.,” the 2017 Supreme Court decision interpreting the Individuals with Disabilities Education Act obligation to furnish students with disabilities free, appropriate public education. This Essay considers whether that statement is accurate, and concludes that while some of the past Second Circuit decisions fit comfortably with Endrew F. ex rel. Joseph F. v. Douglas County School District RE-1, others do not. The Essay submits that the court of appeals should confess a lack of clairvoyance in its earlier …
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 …