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Articles 1 - 17 of 17

Full-Text Articles in Disability Law

Rape Of The Mentally Deficient: Satisfaction Of The Nonconsent Element, 15 J. Marshall L. Rev. 115 (1982), Susan Brody Nov 2015

Rape Of The Mentally Deficient: Satisfaction Of The Nonconsent Element, 15 J. Marshall L. Rev. 115 (1982), Susan Brody

Susan L. Brody

No abstract provided.


The Present King Of France Is Feeble-Minded: The Logic And History Of The Continuum Of Placements For People With Intellectual Disabilities, Philip Ferguson Jun 2015

The Present King Of France Is Feeble-Minded: The Logic And History Of The Continuum Of Placements For People With Intellectual Disabilities, Philip Ferguson

Philip M. Ferguson

This chapter focuses on the logic and history of the continuum of placements for people with intellectual disabilities.


Disqualifiying Universality Under The Americans With Disabilities Act Amendments Act, Michelle Travis Dec 2014

Disqualifiying Universality Under The Americans With Disabilities Act Amendments Act, Michelle Travis

Michelle A. Travis

This Article reveals a new resistance strategy to disability rights in the workplace. The initial backlash against the Americans with Disabilities Act of 1990 (ADA) targeted protected class status by characterizing the ADA's accommodation mandate as special treatment that benefitted the disabled at the expense of the nondisabled workforce. As a result, federal courts treated the ADA as a welfare statute rather than a civil rights law, which resulted in the Supreme Court dramatically narrowing the definition of disability. Congress responded with sweeping amendments in 2008 to expand the class of individuals with disabilities who are entitled to accommodations ...


The Part And Parcel Of Impairment Discrimination, Michelle Travis Dec 2012

The Part And Parcel Of Impairment Discrimination, Michelle Travis

Michelle A. Travis

The Americans with Disabilities Act Amendments Act of 2008 (ADAAA) has been heralded for restoring the protected class of individuals with disabilities to the broad scope that Congress intended when it enacted the original Americans with Disabilities Act over two decades ago. But the ADAAA accomplished something even more profound. By restricting the accommodation mandate only to individuals whose impairments are or have been substantially limiting, and by expanding basic antidiscrimination protection to cover individuals with nearly all forms of physical or mental impairment, the ADAAA extricated disability from the broader concept of impairment and implicitly bestowed upon impairment the ...


Advice To The Next President: The Future Of "Obamacare", Wendy Parmet, Michael Dukakis Oct 2012

Advice To The Next President: The Future Of "Obamacare", Wendy Parmet, Michael Dukakis

Wendy E. Parmet

No abstract provided.


Forgotten Sisters- A Report On Violence Against Women With Disabilities: An Overview Of Its Nature, Scope, Causes And Consequences, Stephanie Ortoleva, Hope Lewis Jul 2012

Forgotten Sisters- A Report On Violence Against Women With Disabilities: An Overview Of Its Nature, Scope, Causes And Consequences, Stephanie Ortoleva, Hope Lewis

Hope Lewis

This report, prepared by scholars and human rights advocates who are members of the Working Group on Violence against Women with Disabilities, focuses on the prevalence and pervasiveness of violence against women and girls with disabilities. The Working Group recognizes the need to ensure that women and girls with disabilities are included as full participants in data-gathering, analysis, and proposed solutions as the mandates of Ms. Rashida Manjoo, the UN Special Rapporteur on Violence against Women, its Causes and Consequences, and Mr. Shuaib Chalklen, the Special Rapporteur on Disability, move forward. Additionally, the Working Group calls on international organizations, especially ...


Mississippi May Become First U.S. State With No Abortion Clinic, Esmé Deprez, Elizabeth Waibel Jun 2012

Mississippi May Become First U.S. State With No Abortion Clinic, Esmé Deprez, Elizabeth Waibel

Wendy E. Parmet

No abstract provided.


Us Judge Rules Netflix Subject To Disability Act, Hiawatha Bray Jun 2012

Us Judge Rules Netflix Subject To Disability Act, Hiawatha Bray

Wendy E. Parmet

No abstract provided.


Lagstiftningen Om Psykiatrisk Tvångsvård Får Inte Diskriminera, Anna Nilsson, Moa Kindström Dahlin Apr 2012

Lagstiftningen Om Psykiatrisk Tvångsvård Får Inte Diskriminera, Anna Nilsson, Moa Kindström Dahlin

Anna Nilsson

No abstract provided.


Who Gets To Decide? Right To Legal Capacity For Persons With Intellectual And Psychosocial Disabilities, Anna Nilsson Feb 2012

Who Gets To Decide? Right To Legal Capacity For Persons With Intellectual And Psychosocial Disabilities, Anna Nilsson

Anna Nilsson

The right of persons with disabilities to make choices about their lives and enjoy legal capacity on an equal basis with others is one of the most significant human rights issues in Europe today. Being recognised as someone who can make decisions is instrumental in taking control over one’s life and participating in society with others.

Having legal capacity enables us to choose where and with whom we want to live, to vote for the political party we prefer, to have our health care decisions respected, to control our own financial affairs and to have access to cinemas and ...


Impairment As Protected Status: A New Universality For Disability Rights, Michelle Travis Dec 2011

Impairment As Protected Status: A New Universality For Disability Rights, Michelle Travis

Michelle A. Travis

This Article analyzes the fundamental change to federal civil rights law that Congress accomplished through the ADA Amendments Act of 2008 (the "ADAAA"). Congress enacted the ADAAA in response to a series of United States Supreme Court opinions that had narrowly interpreted the definition of disability in the Americans with Disabilities Act of 1990. Although many commentators have recognized the ADAAA's intent to restore the class of individuals with disabilities to the breadth that Congress originally intended, this Article argues that the ADAAA accomplished something more significant: it extricated disability from the broader concept of impairment. As a result ...


The Anticlassification Turn In Employment Discrimination Law, Brad Areheart Dec 2011

The Anticlassification Turn In Employment Discrimination Law, Brad Areheart

Bradley A. Areheart

The distinction between antisubordination and anticlassification has existed since the 1970s and has been frequently invoked by scholars to advocate for certain readings of antidiscrimination law. The anticlassification principle prohibits practices that classify people on the basis of a forbidden category. In contrast, the antisubordination principle allows classification (or consideration of, for example, race or sex) to the extent the classification is intended to challenge group subordination.

While most scholars writing about antisubordination and anticlassification have done so in the context of equal protection, this Article systematically applies antisubordination and anticlassification values to assess recent developments in employment discrimination law ...


Disability Trouble, Bradley A. Areheart Dec 2010

Disability Trouble, Bradley A. Areheart

Bradley A. Areheart

In the 1960s, the term “gender” emerged in the academic literature to indicate the socially constructed nature of being a man or woman. The gender/sex binary soon became standard academic fare, with sex representing biology and gender representing sex’s social construct. However, in the 1980s feminists became concerned the gender/sex binary - by effectively designating sex as non-social - left room for biological determinism. These feminists made “gender trouble” in part by arguing biological sex was a social concept. The resulting scholarship on sex and gender enriched feminist thought and catalyzed civil rights through an expansion of legal protections ...


Populations, Public Health, And The Law, Wendy Parmet Dec 2008

Populations, Public Health, And The Law, Wendy Parmet

Wendy E. Parmet

No abstract provided.


Children’S Rights To Representation: A Comparison Between Sweden And England, Titti Mattsson, Eva Ryrstedt Dec 2007

Children’S Rights To Representation: A Comparison Between Sweden And England, Titti Mattsson, Eva Ryrstedt

Titti Mattsson

In both England and in Sweden, the approach to a child's right to representation differs between public law cases and private law cases regarding legal custody/parental responsibility, residence or contact. This article discusses the basis for this distinction, and how far it accords with the best interests of the child.


The Business Of Employing People With Disabilities: Four Case Studies (With A. Heinemann Et Al.), Alexander Boni-Saenz Dec 2005

The Business Of Employing People With Disabilities: Four Case Studies (With A. Heinemann Et Al.), Alexander Boni-Saenz

Alexander Boni-Saenz

This exploratory study examines employer attitudes towards people with disabilities in the labor market. Through in-depth, semi-structured interviews with senior management, human resources staff, directors of diversity, and hiring managers at four corporations, it pinpoints reasons why businesses chose to hire people with disabilities, investigates the perceived benefits and barriers to hiring people with disabilities, and identifies strategies for successfully hiring and retaining workers with disabilities. It fills a gap in examining the attitudes and decision-making processes of U.S. companies that have been leaders in hiring people with disabilities, as well as delving into the special issues of small ...


Ethical Health Care, Wendy Parmet, Patricia Illingworth Dec 2005

Ethical Health Care, Wendy Parmet, Patricia Illingworth

Wendy E. Parmet

No abstract provided.