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Articles 1 - 13 of 13
Full-Text Articles in Disability Law
Self-Perception Of Disability And Prospects For Employment Among U.S. Veterans, Christopher L. Griffin Jr., Michael Ashley Stein
Self-Perception Of Disability And Prospects For Employment Among U.S. Veterans, Christopher L. Griffin Jr., Michael Ashley Stein
Faculty Publications
No abstract provided.
Overcoming Our Global Disability In The Workforce: Mediating The Dream, Elayne E. Greenberg
Overcoming Our Global Disability In The Workforce: Mediating The Dream, Elayne E. Greenberg
Faculty Publications
The unparalleled global support for the 2008 United Nations Convention on the Rights of Persons with Disabilities ("CRPD") highlights the global schism between the public extolling of human rights for individuals with disabilities and the private castigating of such individuals in their daily lives and in the workforce. The CRPD explicitly mandates that work is a right accorded to individuals with disabilities, and global employers are now being challenged to implement that right. Yet, in order to ensure meaningful, universal compliance with its directives, the CRPD imposes affirmative duties on Supporting States to develop a customized, workable plan that effectively …
Assessing Post-Ada Employment: Some Econometric Evidence And Policy Considerations, John J. Donohue Iii, Michael Ashley Stein, Christopher L. Griffin Jr., Sascha Becker
Assessing Post-Ada Employment: Some Econometric Evidence And Policy Considerations, John J. Donohue Iii, Michael Ashley Stein, Christopher L. Griffin Jr., Sascha Becker
Faculty Publications
This article explores the relationship between the Americans with Disabilities Act (ADA) and the relative labor market outcomes for people with disabilities. Using individual-level longitudinal data from 1981 to 1996 derived from the previously unexploited Panel Study of Income Dynamics (PSID), we examine the possible effect of the ADA on (1) annual weeks worked; (2) annual earnings; and (3) hourly wages for a sample of 7,120 unique male household heads between the ages of 21 and 65, as well as for a subset of 1,437 individuals appearing every year from 1981 to 1996. Our analysis of the larger sample suggests …
Disability And Employment Discrimination At The Rehnquist Court, Anita Silvers, Michael E. Waterstone, Michael Ashley Stein
Disability And Employment Discrimination At The Rehnquist Court, Anita Silvers, Michael E. Waterstone, Michael Ashley Stein
Faculty Publications
No abstract provided.
Disability, Disparate Impact, And Class Actions, Michael Ashley Stein, Michael E. Waterstone
Disability, Disparate Impact, And Class Actions, Michael Ashley Stein, Michael E. Waterstone
Faculty Publications
Following Title VII's enactment, group-based employment discrimination actions flourished due to disparate impact theory and the class action device. Courts recognized that subordination that defined a group's social identity was also sufficient legally to bind members together, even when relief had to be issued individually. Woven through these cases was a notion of panethnicity that united inherently unrelated groups into a common identity, for example, Asian Americans. Stringent judicial interpretation subsequently eroded both legal frameworks and it has become increasingly difficult to assert collective employment actions, even against discriminatory practices affecting an entire group. This deconstruction has immensely disadvantaged persons …
Emergency Preparedness And Disability, Michael E. Waterstone, Michael Ashley Stein
Emergency Preparedness And Disability, Michael E. Waterstone, Michael Ashley Stein
Faculty Publications
No abstract provided.
Same Struggle, Different Difference: Ada Accommodations As Antidiscrimination, Michael Ashley Stein
Same Struggle, Different Difference: Ada Accommodations As Antidiscrimination, Michael Ashley Stein
Faculty Publications
The Americans with Disabilities Act (ADA) was heralded as an "emancipation proclamation" for people with disabilities, one that would achieve their equality primarily through its reasonable accommodation requirements. Nevertheless, both legal commentators and Supreme Court Justices assert that the ADA's employment mandates distinguish the ADA from earlier antidiscrimination measures, most notably Title VII, because providing accommodations results in something more than equality for the disabled. The Article challenges this prevalent belief by arguing that ADA-mandated accommodations are consistent with other antidiscrimination measures in that each remedies exclusion from employment opportunity by questioning the inherency of established workplace norms, and by …
Corrective Justice And Title I Of The Ada, Sharona Hoffman
Corrective Justice And Title I Of The Ada, Sharona Hoffman
Faculty Publications
Several recent studies have shown that employment discrimination plaintiffs filing lawsuits in federal court under Title I of the Americans with Disabilities Act (ADA) win only approximately five percent of their cases. This Article argues that this phenomenon is attributable at least in part to the ADA's very flawed definition of the term "disability." It suggests that the current definition be abandoned and that a new approach be adopted, one that would reshape the ADA's protected class so that it more closely resembles a discrete and insular minority, such as those traditionally protected by the civil rights laws. While Title …
Disability, Employment Policy, And The Supreme Court, Michael Ashley Stein
Disability, Employment Policy, And The Supreme Court, Michael Ashley Stein
Faculty Publications
No abstract provided.
War, Society, And Disability: Some Thoughts On Applying Under-Utilized Methodologies, Michael Ashley Stein
War, Society, And Disability: Some Thoughts On Applying Under-Utilized Methodologies, Michael Ashley Stein
Faculty Publications
No abstract provided.
Labor Markets, Rationality, And Workers With Disabilities, Michael Ashley Stein
Labor Markets, Rationality, And Workers With Disabilities, Michael Ashley Stein
Faculty Publications
No abstract provided.
Empirical Implications Of Title I, Michael Ashley Stein
Empirical Implications Of Title I, Michael Ashley Stein
Faculty Publications
No abstract provided.
The Fourth Bite At The Apple: A Study Of The Operation And Utility Of The Social Security Administration's Appeals Council, Charles H. Koch Jr., David A. Koplow
The Fourth Bite At The Apple: A Study Of The Operation And Utility Of The Social Security Administration's Appeals Council, Charles H. Koch Jr., David A. Koplow
Faculty Publications
The Social Security Administration's Appeals Council performs the fourth and final administrative evaluation of appealed disability claims. Very little information about the Appeals Council has been available to claimants and their representatives, even though claimants must request Appeals Council review before filing an appeal in federal court. In response to criticism and controversy surrounding this obscure branch of the Social Security Administration, the Administrative Conference of the United States (ACUS) asked Professors Koch and Koplow to study the Appeals Council's effectiveness in disability claims and adjudication. In this Article, the authors examine Appeals Council operations and the Council's relationship to …