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Disability Law Commons

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Articles 91 - 111 of 111

Full-Text Articles in Disability Law

Guardians Ad Litem In Housing Court, Gerald Lebovits Dec 2009

Guardians Ad Litem In Housing Court, Gerald Lebovits

Hon. Gerald Lebovits

No abstract provided.


Decanting And Its Alternatives: Remodeling And Revamping Irrevocable Trusts, Tom E. Simmons Dec 2009

Decanting And Its Alternatives: Remodeling And Revamping Irrevocable Trusts, Tom E. Simmons

Thomas E. Simmons

No abstract provided.


Reasonable Accommodation Under The Ada, Barbara A. Lee, Sheila D. Duston, Susanne M. Bruyere, Elizabeth Reiter Jan 2008

Reasonable Accommodation Under The Ada, Barbara A. Lee, Sheila D. Duston, Susanne M. Bruyere, Elizabeth Reiter

Susanne Bruyère

This brochure is one of a series on human resources practices and workplace accommodations for persons with disabilities edited by Susanne M. Bruyère, Ph.D., CRC, SPHR, Director, Program on Employment and Disability, School of Industrial and Labor Relations – Extension Division, Cornell University. Cornell University was funded in the early 1990’s by the U.S. Department of Education National Institute on Disability and Rehabilitation Research as a National Materials Development Project on the employment provisions (Title I) of the ADA (Grant #H133D10155). These updates, and the development of new brochures, have been funded by Cornell’s Program on Employment and Disability, the …


Survey Of The Federal Government On Supervisor Practices In Employment Of People With Disabilities, Susanne M. Bruyere, William Erickson, Richard L. Horne Jan 2008

Survey Of The Federal Government On Supervisor Practices In Employment Of People With Disabilities, Susanne M. Bruyere, William Erickson, Richard L. Horne

Susanne Bruyère

In 1999, the Presidential Task Force on the Employment of Adults with Disabilities (PTFEAD) funded Cornell University to conduct a survey of federal sector HR and EEO representatives regarding their experience implementing the employment disability nondiscrimination requirements of the Americans with Disabilities Act of 1990(ADA) and the Rehabilitation Act of 1973, as amended. One of the recommendations from this research was to conduct a follow-up study of federal agency supervisors and managers about their experience in accommodation and employment of persons with disabilities in the federal sector, and in addition to inquire about their awareness of the series of Executive …


Working Effectively With People With Attention Deficit/ Hyperactivity Disorder, Eve W. Tominey, Matthew Tominey, Susanne M. Bruyere Jan 2008

Working Effectively With People With Attention Deficit/ Hyperactivity Disorder, Eve W. Tominey, Matthew Tominey, Susanne M. Bruyere

Susanne Bruyère

This brochure on People with Attention Deficit/Hyperactivity Disorder and the Americans with Disabilities Act (ADA) is one of a series on human resources practices and workplace accommodations for persons with disabilities edited by Susanne M. Bruyère, Ph.D., CRC, SPHR, Director, Program on Employment and Disability, School of Industrial and Labor Relations – Extension Division, Cornell University. Cornell University was funded in the early 1990’s by the U.S. Department of Education National Institute on Disability and Rehabilitation Research as a National Materials Development Project on the employment provisions (Title I) of the ADA (Grant #H133D10155). These updates, and the development of …


Reasonable Accommodation Under The Ada, Barbara A. Lee, Sheila D. Duston, Susanne M. Bruyere, Elizabeth Reiter Jan 2008

Reasonable Accommodation Under The Ada, Barbara A. Lee, Sheila D. Duston, Susanne M. Bruyere, Elizabeth Reiter

Susanne Bruyère

This brochure is one of a series on human resources practices and workplace accommodations for persons with disabilities edited by Susanne M. Bruyère, Ph.D., CRC, SPHR, Director, Program on Employment and Disability, School of Industrial and Labor Relations – Extension Division, Cornell University. Cornell University was funded in the early 1990’s by the U.S. Department of Education National Institute on Disability and Rehabilitation Research as a National Materials Development Project on the employment provisions (Title I) of the ADA (Grant #H133D10155). These updates, and the development of new brochures, have been funded by Cornell’s Program on Employment and Disability, the …


La Cesión De Derechos En El Código Civil Peruano, Edward Ivan Cueva Jul 2007

La Cesión De Derechos En El Código Civil Peruano, Edward Ivan Cueva

Edward Ivan Cueva

La Cesión de Derechos en el Código Civil Peruano


Algunos Apuntes En Torno A La Prescripción Extintiva Y La Caducidad, Edward Ivan Cueva May 2007

Algunos Apuntes En Torno A La Prescripción Extintiva Y La Caducidad, Edward Ivan Cueva

Edward Ivan Cueva

No abstract provided.


Who Is Eligible Under The Individuals With Disabilities Education Improvement Act?, Robert A. Garda Jr. Jan 2006

Who Is Eligible Under The Individuals With Disabilities Education Improvement Act?, Robert A. Garda Jr.

Robert A. Garda

Determining who is eligible under the Individuals with Disabilities Education Improvement Act (IDEA) has plagued decision-makers for over three decades, leading to both over- and under-identification of eligible children and the disproportionate identification of minority students as disabled. The statutory requirements for finding a child IDEA-eligible appear straightforward: a child must have an enumerated disability that adversely affects educational performance and by reason thereof the child must need special education. Application of these provisions has proven problematic, however, and the authorities are divided as to what constitutes “educational performance,” when is it “adversely affected” by the disability, under what circumstances …


Adequate Access Or Equal Treatment: Looking Beyond The Idea To Section 504 In A Post-Schaffer Public School, Christopher J. Walker Jan 2006

Adequate Access Or Equal Treatment: Looking Beyond The Idea To Section 504 In A Post-Schaffer Public School, Christopher J. Walker

Christopher J. Walker

In light of the Supreme Court's decision this Term in Schaffer v. Weast, this Note analyzes the current state of special education law and argues that parents, attorneys, and advocates should look beyond the Individuals with Disabilities Education Act (IDEA) to Section 504 in the post-Schaffer public school. This Note shows how these two standards operate in the context of state special schools for the blind and deaf. A state-by-state survey of thirty states' special school admission policies and practices reveals the IDEA's limitations and Section 504's potentially complementary role.

Although other works have briefly compared the IDEA and Section …


The New Idea: Shifting Educational Paradigms To Achieve Racial Equality In Special Education, Robert A. Garda Jr. Jan 2005

The New Idea: Shifting Educational Paradigms To Achieve Racial Equality In Special Education, Robert A. Garda Jr.

Robert A. Garda

African American students are being re-segregated in today's public schools by their disproportionate placement in special education classes for the disabled pursuant to the Individuals With Disabilities in Education Act (IDEA). At the same time, the overall number of children found disabled and entitled to special education under the Act has skyrocketed over the past decade, leaving special education classes with swollen roles and inadequate resources. Congress attempts to remedy this divisive dual eligibility crisis when it re-authorized the IDEA in 2004 by promoting an educational paradigm of individualized instruction in general education. The new IDEA seeks to "fix" special …


The Intersection Of Sports And Disability: Analyzing Reasonable Accommodations For Athletes With Disabilities, Maureen A. Weston Prof. Dec 2004

The Intersection Of Sports And Disability: Analyzing Reasonable Accommodations For Athletes With Disabilities, Maureen A. Weston Prof.

Maureen A Weston

When thinking about athletes participating in competitive or organized sports, typically the public rarely contemplates the inclusion of players with medical impairments or other physical, mental, and learning disabilities. Yet many athletes with disabilities, whether visible or hidden, have achieved success in both amateur and professional sports. The rights of athletes with medical impairments or disabilities to participate in competitive sports are also increasingly controversial. Because of a medical impairment or disability, some athletes cannot satisfy certain eligibility requirements set by the governing sporting organizations or they need accommodation in order to participate. Athletes who have been effectively excluded from …


Untangling Eligibility Requirements Under The Individuals With Disabilities In Education Act, Robert A. Garda Jr. Jan 2004

Untangling Eligibility Requirements Under The Individuals With Disabilities In Education Act, Robert A. Garda Jr.

Robert A. Garda

Finding a child eligible for special education under the Individuals with Disabilities Education Act (IDEA) is one of the most important, if not the most important, decision that will be made in that child's life. Despite the importance of eligibility determinations the eligibility criteria of IDEA are intricately tangled and often misapplied by courts, hearing officers and inevitably parents and educators. The confusion surrounding eligibility standards leads to the disastrous results of both over-identification and under-identification of IDEA eligible children. This Article attempts to untangle the web of IDEA eligibility standards in order to determine who is entitled to its …


Manual De Derecho Procesal Civil, Edward Ivan Cueva Feb 2003

Manual De Derecho Procesal Civil, Edward Ivan Cueva

Edward Ivan Cueva

No abstract provided.


Alternative Approaches To Judicial Review Of Social Security Disability Cases, A Report To The Board, March 2002, Jeffrey Lubbers, Paul R. Verkuil Feb 2002

Alternative Approaches To Judicial Review Of Social Security Disability Cases, A Report To The Board, March 2002, Jeffrey Lubbers, Paul R. Verkuil

Jeffrey Lubbers

For many years, Congress has had various bills before it to create alternatives to the current practice of Article III review (in district courts) of Social Security disability cases. This report, prepared initially for the Social Security Advisory Board, reviews the various legislative proposals and statutory alternatives such as the Veterans Administration administrative/judicial review structure. It concludes that, on balance, review before an Article I court (with Court of Appeals review limited to purely legal issues) has numerous advantages over the present system. These advantages include improvements in the accuracy and consistency of results (the federal district courts have vastly …


Teoría General De La Prueba Judicial, Edward Ivan Cueva Jan 2002

Teoría General De La Prueba Judicial, Edward Ivan Cueva

Edward Ivan Cueva

No abstract provided.


"Working" With The Ada's "Regarded As" Definition Of A Disability, Thomas E. Simmons Dec 1999

"Working" With The Ada's "Regarded As" Definition Of A Disability, Thomas E. Simmons

Thomas E. Simmons

The Americans with Disabilities Act of 1990 prohibits discrimination against and mandates accommodations for individuals with disabilities.  As a threshold matter, the Act requires the plaintiff to demonstrate that she is an individual with a disability; that is, that she has an actual disability or is "regarded as" having a disability as the statute defines it.  This article discusses the threshold "regarded as" showing as refined by  three Supreme Court cases decided in the summer of 1999. Although in the past the "regarded as" definition has often played "second fiddle" to the "actual disability" definition, the author suggests that there …


Academic Standards Or Discriminatory Hoops? Learning-Disabled Student-Athlete And The Ncaa Initial Academic Eligibility Requirements, Maureen A. Weston Prof. Dec 1998

Academic Standards Or Discriminatory Hoops? Learning-Disabled Student-Athlete And The Ncaa Initial Academic Eligibility Requirements, Maureen A. Weston Prof.

Maureen A Weston

This Article explores the impact of federal disability laws on the NCAA's authority to apply its initial academic eligibility requirements to learning-disabled student-athletes. Part II provides an overview of the three primary federal laws governing students with learning disabilities. Part III describes the NCAA and the standards and processes it employs to determine freshman eligibility for athletic scholarships and participation in intercollegiate sports. Part IV tracks the judicial responses to litigation brought by students with learning disabilities challenging the NCAA eligibility criteria under the ADA. Part V analyzes the ADA's application to the NCAA and identifies specific instances in which …


George Bush's America Meets Dante's Inferno: The Americans With Disabilities Act In Prison, Ira P. Robbins Dec 1995

George Bush's America Meets Dante's Inferno: The Americans With Disabilities Act In Prison, Ira P. Robbins

Ira P. Robbins

Introduction: The conditions in America's correctional facilities have long been cause for concern. Even those who do not advocate a comfortable quality of life for inmates recognize that basic problems such as overcrowding, inmate violence,' inadequate staffing,2 and increasing costs of building and maintaining prisons have approached crisis levels. Meanwhile, the prison population continues to swell. According to the Bureau of Justice Statistics of the United States Department of Justice, the number of prisoners incarcerated at state and federal prisons annually has grown at a rate of 8.4% in recent years.'


Nociones Generales De Derecho Procesal Civil, Edward Ivan Cueva Jan 1966

Nociones Generales De Derecho Procesal Civil, Edward Ivan Cueva

Edward Ivan Cueva

No abstract provided.


Fundamentos Del Derecho Procesal Civil, Edward Ivan Cueva Jan 1958

Fundamentos Del Derecho Procesal Civil, Edward Ivan Cueva

Edward Ivan Cueva

No abstract provided.