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Full-Text Articles in Disability Law

Gendering Disability To Enable Disability Rights Law, Michelle Travis Dec 2016

Gendering Disability To Enable Disability Rights Law, Michelle Travis

Michelle A. Travis

This Article expands the social model of disability by analyzing the interaction between disability and gender. The modern disability rights movement is built upon the social model, which understands disability not as an inherent personal deficiency but as the product of the environment with which an impairment interacts. The social model is reflected in the accommodation mandate of the Americans with Disabilities Act of 1990 ("ADA"), which holds employers responsible for the limiting aspects of their workplace design. This Article shows that the limitations imposed upon impairments result not only from physical aspects of a workplace but also from other ...


Fair Housing Modifications And Accommodations In The '90s, 29 J. Marshall L. Rev. 331 (1996), F. Caruso Feb 2016

Fair Housing Modifications And Accommodations In The '90s, 29 J. Marshall L. Rev. 331 (1996), F. Caruso

F. Willis Caruso

No abstract provided.


Inconsistency And Angst In District Court Resolution Of Social Security Disability Appeals, 67 Hastings Law Journal 367 (2016) (With S. Morris)., Harold J. Krent Dec 2015

Inconsistency And Angst In District Court Resolution Of Social Security Disability Appeals, 67 Hastings Law Journal 367 (2016) (With S. Morris)., Harold J. Krent

Harold J. Krent

No abstract provided.


Civil Rights Have A Place In Conversation, Wendy Hensel Nov 2014

Civil Rights Have A Place In Conversation, Wendy Hensel

Wendy F. Hensel

No abstract provided.


New Rights For The Disabled: The Americans With Disabilities Act Of 1990, Steven Kaminshine Oct 2014

New Rights For The Disabled: The Americans With Disabilities Act Of 1990, Steven Kaminshine

Steven J. Kaminshine

No abstract provided.


Recent Developments In Voucher Programs For Students With Disabilities, Wendy Hensel Oct 2014

Recent Developments In Voucher Programs For Students With Disabilities, Wendy Hensel

Wendy F. Hensel

No abstract provided.


Bridging The Physical-Mental Gap: An Empirical Look At The Impact Of Mental Illness Stigma On Ada Outcomes, Wendy Hensel, Gregory Jones Oct 2014

Bridging The Physical-Mental Gap: An Empirical Look At The Impact Of Mental Illness Stigma On Ada Outcomes, Wendy Hensel, Gregory Jones

Wendy F. Hensel

A plaintiff who seeks redress for disability discrimination under the Americans with Disabilities Act must first show that he or she is "disabled" within the meaning of the statute. There is no question that all plaintiffs have experienced difficulty in making this showing as a result of several Supreme Court decisions narrowing the definition of "disability."Many scholars have argued that courts do not appreciate the social construction of disability and focus too much attention on medical diagnoses and functional limitations rather than the impact of societal attitudes and prejudices. Some scholars have gone further, however, to theorize that individuals ...


Sharing The Short Bus: Eligibility And Identity Under The Idea, Wendy Hensel Oct 2014

Sharing The Short Bus: Eligibility And Identity Under The Idea, Wendy Hensel

Wendy F. Hensel

This article explores the impact of the rising number of children in special education on eligibility under the Individuals with Disabilities Education Act. At the heart of the eligibility debate is the question of which children are disabled enough to qualify for protection and services under the statute. Although many scholars have evaluated the parameters of disability under the ADA, few have done so in the context of the IDEA. This article explores this issue and concludes that calls to restrict the protected class to the truly disabled, as defined to include only those children with the most severe impairments ...


Valuing Lives: Allocating Scarce Medical Resources During A Public Health Emergency And The Americans With Disabilities Act, Leslie Wolf, Wendy Hensel Oct 2014

Valuing Lives: Allocating Scarce Medical Resources During A Public Health Emergency And The Americans With Disabilities Act, Leslie Wolf, Wendy Hensel

Wendy F. Hensel

Public health emergencies from natural disasters, infection, and man-made threats can present ethically or legally challenging questions about who will receive scarce resources. Federal and state governments have offered little guidance on how to prioritize distribution of limited resources. Several allocation proposals have appeared in the medical literature, but components of the proposed approaches violate federal antidiscrimination laws and ethical principles about fair treatment. Further planning efforts are needed to develop practical allocation guidelines that comport with antidiscrimination laws and the moral commitment to equal access reflected in those laws.


Upgrades To Ada Product Of Bipartisan Cooperation, Wendy Hensel Oct 2014

Upgrades To Ada Product Of Bipartisan Cooperation, Wendy Hensel

Wendy F. Hensel

No abstract provided.


Interacting With Others: A Major Life Activity Under The Americans With Disabilities Act?, Wendy Hensel Oct 2014

Interacting With Others: A Major Life Activity Under The Americans With Disabilities Act?, Wendy Hensel

Wendy F. Hensel

No abstract provided.


The Disability Dilemma: A Skeptical Bench & Bar, Wendy Hensel Oct 2014

The Disability Dilemma: A Skeptical Bench & Bar, Wendy Hensel

Wendy F. Hensel

The legal profession is no stranger to the bias and prejudice present in American society. Members of the bar have been shown to engage in both conscious and subconscious discrimination, posing challenges to the profession as the profile of those practicing law has changed over the last several decades. Although women and minorities have made significant inroads into the profession, attorneys with disabilities remain the "forgotten diversity group." Many members of the bar continue to believe that these attorneys are primarily limited by their medical problems rather than any bias in the profession. They do not embrace disability as a ...


The Case For Inclusive Eligibility Under The Individuals With Disabilities In Education Act, Wendy Hensel Oct 2014

The Case For Inclusive Eligibility Under The Individuals With Disabilities In Education Act, Wendy Hensel

Wendy F. Hensel

No abstract provided.


Examining The Experiences And Decisions Of Parents/Guardians: Participant Directing The Supports And Services Of Adults With Significant Intellectual And Developmental Disabilities, Judith Gross, Luchara Wallace, Martha Blue-Banning, Jean Ann Summers, Ann Turnbull Jun 2013

Examining The Experiences And Decisions Of Parents/Guardians: Participant Directing The Supports And Services Of Adults With Significant Intellectual And Developmental Disabilities, Judith Gross, Luchara Wallace, Martha Blue-Banning, Jean Ann Summers, Ann Turnbull

Luchara Wallace

Participant direction is a service delivery model in which the consumer of public benefits, or his or her surrogate decision maker, exercises some level of choice and control over the consumer’s supports and services. In this case study, the authors examined the decisions and experiences of parents/guardians who directed supports and services for an adult with significant intellectual and developmental disabilities (SIDD). Respondents included the parents/guardian of the adult as well as others in the circle of support identified by the parents/guardians. Data analysis revealed an overarching theme in which respondents perceived participant direction as a ...


Remissvar: Psykiatrin Och Lagen – Tvångsvård, Straffansvar Och Samhällsskydd (Sou 2012:17), Titti Mattsson, Ulrika Andersson, Sverker Jönsson, Anna Nilsson Nov 2012

Remissvar: Psykiatrin Och Lagen – Tvångsvård, Straffansvar Och Samhällsskydd (Sou 2012:17), Titti Mattsson, Ulrika Andersson, Sverker Jönsson, Anna Nilsson

Anna Nilsson

Psykiatrilagsutredningens betänkande behandlar grundläggande frågor om vård, tvång, och straffrättslig ansvarsförmåga. Det handlar bl.a. om vem som kan samtycka till vård och behandling, när samhället kan tillgripa tvång för att förhindra någon från att skada sig själv eller annan. Det handlar också om vem som ska anses har förmåga att bära straffrättsligt ansvar för sina handlingar och de rättsliga följderna av (o)tillräknelighet. Samtliga är angelägna frågeställningar. En negativ konsekvens av att centrala straffrättsliga frågor behandlas i relation till personer med psykiska funktionsnedsättningar är emellertid att perspektivet blir alltför snävt i ett socialrättsligt perspektiv. Det saknas principiella överväganden om ...


Disability Identity - Hope Lewis, Hope Lewis Dec 2010

Disability Identity - Hope Lewis, Hope Lewis

Hope Lewis

No abstract provided.


The Persistence Of Low Expectations In Special Education Law Viewed Through The Lens Of Therapeutic Jurisprduence, Richard Peterson Dec 2009

The Persistence Of Low Expectations In Special Education Law Viewed Through The Lens Of Therapeutic Jurisprduence, Richard Peterson

Richard Peterson

For more than thirty-five years a paradigm of low expectations has infected efforts to educate children with disabilities and has been a persistent and stubborn obstacle to the successful implementation of the Individuals with Disabilities Education Act (IDEA), and its predecessor, the Education of All Handicapped Children Act (EAHCA). This dilemma raises questions addressed in this paper: What is meant by low expectations in the context of Special Education Law? What are the root causes of this phenomenon, and what makes it so resistant to change? How does it impede implementation of the IDEA? And lastly, in what ways does ...