Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Saint Louis University School of Law (21)
- University of Pittsburgh School of Law (21)
- University of Michigan Law School (8)
- University of Washington School of Law (8)
- Schulich School of Law, Dalhousie University (7)
-
- Columbia Law School (6)
- University of Baltimore Law (5)
- University of Colorado Law School (5)
- American University Washington College of Law (4)
- Barry University School of Law (4)
- Georgetown University Law Center (4)
- New York Law School (4)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (4)
- University of Maryland Francis King Carey School of Law (3)
- University of Pennsylvania Carey Law School (3)
- Himmelfarb Health Sciences Library, The George Washington University (2)
- Osgoode Hall Law School of York University (2)
- Vanderbilt University Law School (2)
- Boston University School of Law (1)
- California Western School of Law (1)
- DePaul University (1)
- Florida A&M University College of Law (1)
- Fordham Law School (1)
- Fordham University (1)
- Georgia State University College of Law (1)
- Maurer School of Law: Indiana University (1)
- SJ Quinney College of Law, University of Utah (1)
- The University of Maine (1)
- Touro University Jacob D. Fuchsberg Law Center (1)
- UIC School of Law (1)
- Keyword
-
- Disability (34)
- ADA (22)
- Americans with Disabilities Act (21)
- Discrimination (14)
- COVID-19 (9)
-
- Health care (9)
- Disability rights (8)
- ACA (7)
- Civil rights (7)
- Health disparities (7)
- Medicaid (7)
- Affordable Care Act (6)
- Disability discrimination (6)
- Health Law (6)
- Bioethics (5)
- Coronavirus (5)
- Disabilities (5)
- Health insurance (5)
- Legislation (5)
- Public health (5)
- Abortion (4)
- Disability Rights (4)
- Employment discrimination (4)
- Genetic Information Nondiscrimination Act (4)
- Mental disability (4)
- Mental health (4)
- Rehabilitation Act (4)
- Ableism (3)
- Americans with Disabilities Act (ADA) (3)
- Bias (3)
- Publication Year
- Publication
-
- Articles (34)
- All Faculty Scholarship (29)
- Faculty Scholarship (16)
- Articles, Book Chapters, & Popular Press (6)
- Publications (5)
-
- Scholarly Works (5)
- Articles & Chapters (4)
- Articles in Law Reviews & Other Academic Journals (4)
- Georgetown Law Faculty Publications and Other Works (4)
- Book Chapters (3)
- Articles & Book Chapters (2)
- Vanderbilt Law School Faculty Publications (2)
- Arkansas Law Notes (1)
- Articles by Maurer Faculty (1)
- Center for Integrated Behavioral Health Policy (1)
- College of Law Faculty (1)
- Faculty Articles and Other Publications (1)
- Faculty Publications (1)
- Faculty Publications By Year (1)
- Faculty Works (1)
- Health Policy and Management Faculty Publications (1)
- Journal Publications (1)
- Law & Economics Working Papers (1)
- Law Faculty Publications (1)
- Online Blog (1)
- Reports & Public Policy Documents (1)
- School of Law Faculty Publications (1)
- Student and Trainee Scholarship (1)
- Sturm College of Law: Faculty Scholarship (1)
- UIC Law Open Access Faculty Scholarship (1)
Articles 121 - 133 of 133
Full-Text Articles in Disability Law
Becoming Visible: The Ada's Impact On Healthcare For Persons With Disabilities, Mary Crossley
Becoming Visible: The Ada's Impact On Healthcare For Persons With Disabilities, Mary Crossley
Articles
This Article will adopt the perspective of individuals with disabilities in their encounters with the health care finance and delivery system in the United States, and will pose the question of what the past decade has shown the ADA to mean (or not mean) for those individuals' ability to seek, receive, and pay for effective health care services. To that end, this Article will provide an overview of three broad areas on which the ADA has had varying degrees of impact.
Part II of the Article will examine how the ADA has affected the rights of an individual with a …
The Benefits Of Voluntary Inpatient Psychiatric Hospitalization: Myth Or Reality?, Donald H. Stone
The Benefits Of Voluntary Inpatient Psychiatric Hospitalization: Myth Or Reality?, Donald H. Stone
All Faculty Scholarship
Throughout the United States, mentally ill persons are confined against their will in psychiatric hospitals as a result of being accused of dangerous behavior. Some are committed involuntarily by a judge after an administrative hearing during which they are afforded legal representation, a right to be present, and important due process protections, including the right to cross-examine witnesses and present one's own witnesses. However, a significant number of individuals, initially confined in psychiatric institutions for allegedly posing a danger to life or safety, never see an impartial judge, lawyer, or even a family member. These mentally ill individuals are not …
The Disability Kaleidoscope, Mary Crossley
The Disability Kaleidoscope, Mary Crossley
Articles
The question of whom our society truly wants to protect from adverse discrimination based on bodily difference is ultimately a question for the body politic. The aim of this article, by contrast, is to use the analytical tools provided by scholars in the field of disability studies to scrutinize how lawmakers to date have understood the concept of impairment as one form of bodily difference. By viewing administrative and judicial treatments of impairment through a disability studies lens, I have sought to give the disability kaleidoscope a turn and thus to provide the reader with an altered view of impairment …
Choice, Conscience, And Context, Mary Crossley
Choice, Conscience, And Context, Mary Crossley
Articles
Building on Professor Michael H. Shapiro's critique of arguments that some uses of new reproductive technologies devalue and use persons inappropriately (which is part of a Symposium on New Reproductive Technologies), this work considers two specific practices that increasingly are becoming part of the new reproductive landscape: selective reduction of multiple pregnancy and prenatal genetic testing to enable selective abortion. Professor Shapiro does not directly address either practice, but each may raise troubling questions that sound suspiciously like the arguments that Professor Shapiro sought to discredit. The concerns that selective reduction and prenatal genetic screening raise, however, relate not to …
Health Care Rationing And Disability Rights, Philip G. Peters Jr.
Health Care Rationing And Disability Rights, Philip G. Peters Jr.
Faculty Publications
This article explores the extent to which federal disability rights law limits the use of effectiveness criteria to allocate health care, either alone or as a part of cost-effectiveness analyses. To be more precise, it considers the circumstances in which disability-based classifications by health plans which would otherwise violate the anti-discrimination laws can be legally and ethically defended by proof that the excluded treatments are less effective than those which are provided. Part I introduces the expanding use of effectiveness analysis in health care, explains its discriminatory potential, and reviews the Oregon experience. Part II outlines the current federal law …
Medical Futility And Disability Discrimination, Mary Crossley
Medical Futility And Disability Discrimination, Mary Crossley
Articles
The concept of medical futility, which originally developed in the medical literature as a basis for allocating between physician and patient decisional authority regarding end-of-life treatment, is increasingly appearing in discussions regarding possible methods of containing medical costs by limiting treatment. This use of medical futility as a rationing mechanism, whether by a state Medicaid program or by a hospital, raises concerns regarding its impact on persons with severe disabilities near the end of life. This article considers how the applicability of the Americans with Disabilities Act to cost-conscious futility policies might be analyzed. After developing arguments that proponents and …
Working And Poor: The Increasingly Popular Practice Of Excluding Disabled Employees From Health Care Coverage, Maria O'Brien
Working And Poor: The Increasingly Popular Practice Of Excluding Disabled Employees From Health Care Coverage, Maria O'Brien
Faculty Scholarship
One might think, since passage of the Americans With Disabilities Act of 1990 (ADA),' that the employment story for disabled employees or would-be disabled employees was cheerful, or at least improving. This may be true in so far as obtaining and retaining employment is concerned;' however, the ADA, because it permits employers and third-party insurers to continue to utilize traditional risk management techniques, has resulted in reduced or (in some cases) non-existent employee benefits for the disabled. At the same time, more and more employers are opting to self-insure under the Employee Retirement Income Security Act of 1974 (ERISA),3 in …
Of Diagnoses And Discrimination: Discriminatory Nontreatment Of Infants With Hiv Infection, Mary Crossley
Of Diagnoses And Discrimination: Discriminatory Nontreatment Of Infants With Hiv Infection, Mary Crossley
Articles
Evidence of physician attitudes favoring the withholding of needed medical treatment from infants infected with HIV compels a reassessment of the applicability and adequacy of existing law in dealing with selective nontreatment. Although we can hope to have learned some lessons from the Baby Doe controversy of the mid-1980s, whether the legislation emerging from that controversy, the Child Abuse Amendments of 1984, has ever adequately dealt with the problem of nontreatment remains far from clear. Today, the medical and social characteristics of most infants infected with HIV introduce new variables into our assessment of that legislation. At stake are the …
The Americans With Disabilities Act And The Corpus Of Anti-Discrimination Law: A Force For Change In The Future Of Public Health Regulation, Lawrence O. Gostin
The Americans With Disabilities Act And The Corpus Of Anti-Discrimination Law: A Force For Change In The Future Of Public Health Regulation, Lawrence O. Gostin
Georgetown Law Faculty Publications and Other Works
In this paper the author reviews the constitutional history of the courts' attempts to check the powers of the public health department. He demonstrates how ineffective and inconsistent constitutional review has been, and suggests that adequate review criteria have not emerged. The author shows that, whether the courts are applying First, Fourth, or Fourteenth Amendment standards, ultimately they are highly deferential to public health officials. Then he carefully examines the key concepts in the Americans with Disabilities Act (ADA) as they apply to communicable disease. He reveals Congress' clear intention to include communicable disease, even asymptomatic infection, as a disability. …
A Response To "Two Puzzles", Carl E. Schneider
A Response To "Two Puzzles", Carl E. Schneider
Book Chapters
In his stimulating paper, Professor Mnookin suggests that the legal issue of neonatal euthanasia may be seen in terms of two puzzles: First, what accounts for the ''striking dichotomy between the law on the books, which apparently outlaws such conduct, and the law in action, which apparently permits it"? Second, why has "the treatment of severely handicapped newborns . . . evoked such a violent storm in the last few years"? Professor Mnookin resolves the first puzzle by suggesting that the ''dichotomy between the law on the books and the law in action may serve as a pragmatic, although not …
Sterilization Of Mentally Retarded Persons: Reproductive Rights And Family Privacy, Elizabeth S. Scott
Sterilization Of Mentally Retarded Persons: Reproductive Rights And Family Privacy, Elizabeth S. Scott
Faculty Scholarship
Sterilization is one of the most frequently chosen forms of contraception in the world; many persons who do not want to have children select this simple, safe, and effective means of avoiding unwanted pregnancy. For individuals who are mentally disabled, however, sterilization has more ominous associations. Until recently, involuntary sterilization was used as a weapon of the state in the war against mental deficiency. Under eugenic sterilization laws in effect in many states, retarded persons were routinely sterilized without their consent or knowledge.
Sterilization law has undergone a radical transformation in recent years. Influenced by a distaste for eugenic sterilization …
The Absence Of Justice, Robert Dinerstein
The Absence Of Justice, Robert Dinerstein
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The Principle Of The Least Restrictive Alternative For Mentally-Retarded Persons: The Constitutional Issues, David L. Chambers
The Principle Of The Least Restrictive Alternative For Mentally-Retarded Persons: The Constitutional Issues, David L. Chambers
Book Chapters
Mentally retarded people are people. When strong reasons exist to treat them differently from other people, they should be provided the necessary services, restraint, or protection through means that intrude as little as possible on their freedom to live the life that others are permitted to live. "Normalization" is the term professionals use to define the goal and the process of helping mentally retarded citizens lead a "normal" life. The attainment of this goal involves undoing the multitude of formal constrictions governments have typically placed on the retarded citizen's freedom: his place of residence, his schooling, his control over his …