Disability Law Commons^™

Expansion Of Employee Wellness Programs Under Ppaca Creates Additional Barriers To Healthcare Insurance For Individuals With Disabilities, Amy B. Cheng

Journal of Law and Health

There are many barriers to healthcare for the general population that has been documented throughout the years, with one particularly affected group being individuals with disabilities. One identified healthcare barrier for individuals with disabilities is the inability to gain access to the healthcare system through health insurance. While many attempts have been made to resolve this issue, serious problems have yet to be resolved. The Patient Protection Affordable Care Act (PPACA) attempted to solve the issue by expanding Health Insurance Portability and Accountability Act of 1996’s (HIPAA) current regulations on employee wellness programs. The relevant regulations govern employee wellness programs …

Funding Long-Term Services And Supports (Ltss) For Working Aged Disabled Americans, Helen L. Rapp

Journal of Law and Health

There are a multitude of dilemmas faced today by over 3 million significantly disabled Americans, many of whom depend on Medicaid for Long-Term Services and Supports (LTSS) in obtaining the services they need to simply live. While the landmark 1990 Americans with Disabilities Act (ADA) has done a lot to improve the lives of people with disabilities, the reality is that using Medicaid as the vehicle for funding LTSS places unreasonable restrictions on disabled people who want to live independent lives and be as successful as possible.

The Federal Government must change funding for LTSS in order to provide disabled …

The Silence After The Beep: Envisioning An Emergency Information System To Serve The Visually Impaired, Elana Reman

Duke Law & Technology Review

Due to a series of legal and regulatory setbacks, media accessibility regulations for consumers who are blind and visually impaired have lagged significantly behind those for deaf individuals. Until April 2014, when the Federal Communications Commission’s Emergency Information Order took effect, blind consumers were left “in the dark” when their safety mattered most—during weather emergencies—because visual emergency information displayed in the on-screen crawl during television programming was not accessible in an aural format. The Commission now mandates that this information be provided in an aural form through the secondary audio stream for linear programming viewed on televisions and mobile devices …

Anti-Incarcerative Remedies For Illegal Conditions Of Confinement, Margo Schlanger

University of Miami Race & Social Justice Law Review

No abstract provided.

Save The Social Security Disability Trust Fund! And Reduce Ssi Exposure To The General Fund, Daniel F. Solomon

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Adjudicasaurus Rex, Jeffrey S. Wolfe

Journal of the National Association of Administrative Law Judiciary

This article proposes a simple theme. While many issues plague the Social Security Disability Insurance and Supplemental Security Income programs, only reform of the hearings and appeals process can solve the decades-long (and growing) hearings backlog. Only then, can the remaining questions regarding the solvency of the DI trust fund be meaningfully addressed. As it now stands, the ongoing backlog of pending hearings and appeals feeds the twin plagues of rising costs and increasing delay. These are the very issues that drove the federal courts in the passage of the Civil Justice Reform Act of 1990 (CJRA). This article provides …

Use Of Facial Recognition Technology For Medical Purposes: Balancing Privacy With Innovation, Seema Mohapatra

Pepperdine Law Review

Imagine applying for a job, and as part of your application process, your prospective employer asks for a photograph. You, as an eager candidate, comply with the request and, unbeknownst to you, the employer runs your picture through a software program that scans you for any common genetic diseases and that estimates your longevity. Alas, your face indicates that you may die young. No job for you. Although this sounds like science fiction, we may not be that far off from this scenario. In June 2014, scientists from Oxford reported that they have developed a facial recognition program that uses …

Sending The Wrong Message: The Current State Of Minnesota Law Raises Multiple Barriers To Meaningful Resolution For Our Elder Population When Bringing Medical Malpractice Claims, Suzanne M. Scheller

Mitchell Hamline Law Review

No abstract provided.

Able Act Accounts: Achieving A Better Life Experience For Individuals With Disabilities With Tax-Preferred Savings (And The Old Reliable Special And Supplemental Needs Trusts), David A. Rephan, Joelle Groshek

Mitchell Hamline Law Review

No abstract provided.

Criminal And Adult Protection Financial Exploitation Laws In The United States: How Do The Statutes Measure Up To Existing Research?, Kevin E. Hansen, Jonathan Hampel, Sandra L. Reynolds, Iris C. Freeman

Mitchell Hamline Law Review

No abstract provided.

The Practice Of Elder Law, Stuart C. Bear

Mitchell Hamline Law Review

No abstract provided.

Person-Centered Guardianship: How The Rise Of Supported Decision-Making And Person-Centered Services Can Help Olmstead's Promise Get Here Faster, Sean Burke

Mitchell Hamline Law Review

No abstract provided.

Practical Islamic Estate Planning: A Short Primer, Imani Jaafar

Mitchell Hamline Law Review

No abstract provided.

The New Minnesota Trust Code: Out With (Most Of) The Old And In With (Most Of) The Utc, Jennifer A. Maas

Mitchell Hamline Law Review

No abstract provided.

She Works Hard For The Money Wherever She Is: The Need To Abandon The Physical Presence Presumption In Telecommunication Cases Following Eeoc V. Ford, Sean Caulfield

Villanova Law Review

No abstract provided.

Lawyers For Legal Ghosts: The Legality And Ethics Of Representing Persons Subject To Guardianship, Nina A. Kohn, Catheryn Koss

Washington Law Review

A person subject to guardianship has been judicially determined to lack legal capacity. Stripped of legal personhood, the individual becomes a ward of the state and his or her decisions are delegated to a guardian. If the guardian abuses that power or the guardianship has been wrongly imposed—as research suggests is not infrequently the case—the person subject to guardianship may rightly wish to mount a legal challenge. However, effectively doing so requires the assistance of an attorney, and persons subject to guardianship typically have not only been declared by a court to be incapable of directing their own affairs but …

Everybody's Vaping For The Weekend: Nicotine Addiction As A Workplace Disability, Matthew M. Allen

University of Cincinnati Law Review

No abstract provided.

Living Under The Boot: Militarization And Peaceful Protest, Charlotte Guerra

Seattle Journal for Social Justice

No abstract provided.

His Feminist Facade: The Neoliberal Co-Option Of The Feminist Movement, Anjilee Dodge, Myani Gilbert

Seattle Journal for Social Justice

No abstract provided.

Prostitution Policy: Legalization, Decriminalization And The Nordic Model, Ane Mathieson, Easton Branam, Anya Noble

Seattle Journal for Social Justice

No abstract provided.

Don’T Risk It; Wait Until She’S Sober, Patrick John White

Seattle Journal for Social Justice

No abstract provided.

Let’S Talk About Sex: A Call For Guardianship Reform In Washington State, Sage Graves

Seattle Journal for Social Justice

No abstract provided.

Let’S Invest In People, Not Prisons: How Washington State Should Address Its Ex-Offender Unemployment Rate, Sara Taboada

Seattle Journal for Social Justice

No abstract provided.

In Her Words: Recognizing And Preventing Abusive Litigation Against Domestic Violence Survivors, David Ward

Seattle Journal for Social Justice

No abstract provided.

Persistence And Resistance: Women’S Leadership And Ending Gender-Based Violence In Guatemala, Serena Cosgrove, Kristi Lee

Seattle Journal for Social Justice

No abstract provided.

Of Mouseholes And Elephants: The Statute Oflimitations For Impartial Hearings Under Theindividuals With Disabilities Education Act, Perry A. Zirkel

Journal of the National Association of Administrative Law Judiciary

The purpose of this article, in light of the practical significance and the limited literature addressing the IDEA’s hearing level SOL, is to provide a current and concise overview of the case law addressing this specific issue. Part I provides the basic nature and purpose of SOL generally, and specifically how SOL applies to the IDEA’s impartial hearings. Parts II–IV addresses the elements of the SOL statutory provisions in terms of the triggering date, the exceptions, and the duration and effect of the SOL, including the importance of G.L. v. Ligonier Valley School District Authority. Part V provides practice pointers …

Has The Supreme Court’S Schaffer Decision Placed Aburden On Hearing Officer Decision-Making Under Theidea?, Cathy A. Skidmore, Perry A. Zirkel

Journal of the National Association of Administrative Law Judiciary

This article provides a systematic examination of the BOP in hearing officer decisions both before and after Schaffer. Part II examines the legal basis for the BOP both before and after the U.S. Supreme Court decision, resulting in the questions for this study. Part III explains the method used to collect and analyze the data, and Part IV presents the results that answer the specific research questions. Part V discusses those results and the implications of the findings for special education dispute resolution and provides recommendations for further study.

The Insufficiency Of The Law Surrounding Food Allergies, Aimee Nienstadt

Pace Law Review

This paper proceeds in five parts. First, I will give an overview of food allergies. The second section will discuss legal protections at the federal level, including the ADA and other specific federal laws that are aimed at food allergies. The third section will discuss legal protections at the state level, including state laws directed at school districts and state laws directed at restaurants. The fourth section will discuss actions by the private/non-profit sector. The final section of my paper will discuss further necessary legislative changes for people with food allergies.

Helplessly Imprisoned: State V. Hammonds Holds Involuntarily Committed Patients To The Same Constitutional Restraints As Prisoners, Thomas C. Wolff

North Carolina Central Law Review

No abstract provided.

Expressive Law And The Americans With Disabilities Act, Alex C. Geisinger, Michael Ashley Stein

Michigan Law Review

The question of why people follow the law has long been a subject of scholarly consideration. Prevailing accounts of how law changes behavior coalesce around two major themes: legitimacy and deterrence. Advocates of legitimacy argue that law is obeyed when it is created through a legitimate process and its substance comports with community mores. Others emphasize deterrence, particularly those who subscribe to law-and-economics theories. These scholars argue that law makes certain socially undesirable behaviors more costly, and thus individuals are less likely to undertake them.