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Disability Law Commons

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Articles 1 - 5 of 5

Full-Text Articles in Disability Law

Idea Class Actions After Wal-Mart V. Dukes, Mark C. Weber Jan 2014

Idea Class Actions After Wal-Mart V. Dukes, Mark C. Weber

Mark C. Weber

Wal-Mart v. Dukes overturned the certification of a class of a million and a half female employees alleging sex discrimination in Wal-Mart’s salary and promotion decisions. The Supreme Court ruled that the case did not satisfy the requirement that a class have a common question of law or fact, and said that the remedy sought was not the type of relief available under the portion of the class action rule permitting mandatory class actions. Over the last two years, courts have struggled with how to apply the ruling, especially how to apply it beyond its immediate context of employment ...


Procedures And Remedies Under Section 504 And The Ada For Public School Children With Disabilities, Mark C. Weber Apr 2013

Procedures And Remedies Under Section 504 And The Ada For Public School Children With Disabilities, Mark C. Weber

Journal of the National Association of Administrative Law Judiciary

Much has been written about procedures and remedies under the Individuals with Disabilities Education Act, but few scholars have explored procedural rights and corresponding mechanisms of administrative and judicial relief for victims of public schools' violations of children's rights under section 504 of the Rehabilitation Act of 1973 and title II of the Americans with Disabilities Act. This paper will discuss the administrative procedures that must be followed in hearings regarding complaints of violations of those laws by public school districts and the relief that hearing officers and courts may provide. It will begin with an update on developments ...


New Amendments To Resolving Special Education Disputes: Any Good Ideas?, Demetra Edwards Mar 2012

New Amendments To Resolving Special Education Disputes: Any Good Ideas?, Demetra Edwards

Pepperdine Dispute Resolution Law Journal

This article first analyzes the state of affairs under the Individuals with Disabilities Education Act (IDEA), prior to the passage of the Individuals with Disabilities Education Improvement Act of 2004, and the affects that the 1997 reauthorization alternative dispute resolution amendments had on special education law. Next, this article will address the appropriateness of the newly enacted negotiation and settlement methods, specifically the resolution session provision, and the benefits and detriments for resolving special education issues using these processes. This article will further discuss the amendments regarding attorneys' fees, and finally the House's failed proposal for voluntary binding arbitration ...


Available Dispute Resolution Processes Within The Reauthorized Individuals With Disabilities Education Improvement Act (Ideia) Of 2004: Where Do Mediation Principles Fit In? , Andrea F. Blau Mar 2012

Available Dispute Resolution Processes Within The Reauthorized Individuals With Disabilities Education Improvement Act (Ideia) Of 2004: Where Do Mediation Principles Fit In? , Andrea F. Blau

Pepperdine Dispute Resolution Law Journal

The Individual Disabilities Education Act of 1997 first offered mediation processes to parents and school systems as an available dispute resolution process. Congress mandated that mediation be made available whenever a due process hearing was filed. The intent was to assist parents and school systems in resolving their differences regarding the educational needs for children with disabilities through increased discussions and collaborative efforts; this would reduce the need for costly and adversarial litigation. Alternative dispute resolution processes have taken an increasingly dominant role within the newly reauthorized IDEIA of 2004, reflecting Congressional promotion of parent and district collaboration for achieving ...


Decriminalizing Students With Disabilities, Dean Hill Rivkin Jan 2010

Decriminalizing Students With Disabilities, Dean Hill Rivkin

NYLS Law Review

No abstract provided.