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Articles 1 - 30 of 44
Full-Text Articles in Disability Law
The Disabled Ada: How A Narrowing Ada Threatens To Exclude The Cognitively Disabled, Nathan Catchpole, Aaron Miller
The Disabled Ada: How A Narrowing Ada Threatens To Exclude The Cognitively Disabled, Nathan Catchpole, Aaron Miller
BYU Law Review
No abstract provided.
Data Note: The Relationship Between Supported Employment Status And Minimum Wage For Vocational Rehabilitation Integrated Employment Closures In 2004, Frank A. Smith, Dana Scott Gilmore
Data Note: The Relationship Between Supported Employment Status And Minimum Wage For Vocational Rehabilitation Integrated Employment Closures In 2004, Frank A. Smith, Dana Scott Gilmore
Data Note Series, Institute for Community Inclusion
Some VR customers earn less than minimum wage despite being closed successfully, i.e., exiting Vocational Rehabilitation (VR) services into an integrated employment setting. Section 14(c) of the Fair Labor Standards Act allows employers to pay less than the minimum wage to a person whose disability impairs their capacity to be productive at a particular job. People in supported employment are more likely to have a disability that makes them eligible for Section 14(c) minimum wage exemption. How do wages for customers in supported employment compare to those earned by other customers?
(Whatever Happended To) The Ada's "Record Of" Prong(?), Alex B. Long
(Whatever Happended To) The Ada's "Record Of" Prong(?), Alex B. Long
Washington Law Review
Of the three prongs in the Americans with Disabilities Act's (ADA) definition of disability, the "record of" prong is far less likely to be used by ADA plaintiffs in claiming protection under the Act than are the actual disability and "regarded as" prongs. Between the years 2000 and 2005, ADA and Rehabilitation Act plaintiffs who alleged employment discrimination in federal court relied upon the "record of" prong less than one-third as often as either the actual and "regarded as" prongs in claiming disability status. When they did rely on the "record of" prong, ADA plaintiffs did not enjoy any greater …
Research To Practice: The National Survey Of Community Rehabilitation Providers, Fy2004-2005 Report 1: Employment Outcomes Of People With Developmental Disabilities In Integrated Employment, Heike Boeltzig, Dana Scott Gilmore, John Butterworth
Research To Practice: The National Survey Of Community Rehabilitation Providers, Fy2004-2005 Report 1: Employment Outcomes Of People With Developmental Disabilities In Integrated Employment, Heike Boeltzig, Dana Scott Gilmore, John Butterworth
Research to Practice Series, Institute for Community Inclusion
Where do people with mental retardation and developmental disabilities work? What are their hours, wages, and benefits? This brief covers partial results from a survey that gives a snapshot of the outcomes for recently employed people with developmental disabilities.
Research To Practice: Trends And Emerging Issues Regarding Ssa/Vr Reimbursements For Ssi/Ssdi Recipients, John Halliday, Dana Scott Gilmore, Katherine Fichthorn
Research To Practice: Trends And Emerging Issues Regarding Ssa/Vr Reimbursements For Ssi/Ssdi Recipients, John Halliday, Dana Scott Gilmore, Katherine Fichthorn
Research to Practice Series, Institute for Community Inclusion
This brief discusses the declining amount of reimbursement paid to public VR agencies from federal fiscal year (FFY) 2002 to FFY 2005 by considering the impact that fewer claims submitted and a rising SGA level may have on the amount of reimbursement paid.
Data Note: Relationship Between Ssi Recipients Who Work And State Unemployment Rate, Katherine Fichthorn, Dana Scott Gilmore
Data Note: Relationship Between Ssi Recipients Who Work And State Unemployment Rate, Katherine Fichthorn, Dana Scott Gilmore
Data Note Series, Institute for Community Inclusion
The Supplemental Security Income program (SSI) administered by the Social Security Administration provides cash assistance to low-income individuals who are seniors, blind, or have a disability.
The Business Of Employing People With Disabilities: Four Case Studies, Alexander A. Boni-Saenz, Allen W. Heinemann, Deborah S. Crown, Linda L. Emanuel
The Business Of Employing People With Disabilities: Four Case Studies, Alexander A. Boni-Saenz, Allen W. Heinemann, Deborah S. Crown, Linda L. Emanuel
All Faculty Scholarship
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 businesses …
Pushing The Integrated Employment Agenda: Case Study Research In Washington State, Jean Winsor, Allison Cohen Hall, John Butterworth, Dana Scott Gilmore
Pushing The Integrated Employment Agenda: Case Study Research In Washington State, Jean Winsor, Allison Cohen Hall, John Butterworth, Dana Scott Gilmore
Case Studies Series, Institute for Community Inclusion
This is the second in a series of publications highlighting findings from case studies in three states—New Hampshire, Washington, and Colorado—that are recognized as high performers in integrated employment. These products are intended to be a practical resource for states as they work to help people with disabilities obtain and maintain gainful employment.
ICI identified “high-performing” states based on the following criteria: the percentage of citizens served by the state’s mental retardation/developmental disabilities agency that participate in integrated employment, and the rate of growth in integrated employment.
In 2003, a team of ICI researchers conducted face-to-ace interviews with state and …
Title Iii Of The Americans With Disabilities Act Applies To Foreign Cruise Ships; But What Exactly Is Required?, Samantha Allison Dipolito
Title Iii Of The Americans With Disabilities Act Applies To Foreign Cruise Ships; But What Exactly Is Required?, Samantha Allison Dipolito
Mercer Law Review
In Spector v. Norwegian Cruise Line, the United States Supreme Court held that Title III of the Americans with Disabilities Act (the "ADA") applies to foreign-flag cruise ships in American waters insofar as the requirements of Title III do not interfere with the internal order of the cruise ships. Additionally, the Court held that the provision of the ADA requiring barrier removal, which is "readily achievable" does not apply if the removal would bring a ship into noncompliance with international legal obligations. The dissenting opinion argues that Title III of the ADA does not apply to foreign cruise ships …
Mending A Monumental Mountain: Resolving Two Critical Circuit Splits Under The Americans With Disabilities Act For The Sake Of Logic, Unity, And The Mentally Disabled, Matthew M. Cannon
Mending A Monumental Mountain: Resolving Two Critical Circuit Splits Under The Americans With Disabilities Act For The Sake Of Logic, Unity, And The Mentally Disabled, Matthew M. Cannon
BYU Law Review
No abstract provided.
Book Review Of Disability Rights In Europe: From Theory To Practice, Michael Ashley Stein
Book Review Of Disability Rights In Europe: From Theory To Practice, Michael Ashley Stein
Popular Media
No abstract provided.
Disability And Employment Discrimination At The Rehnquist Court, Anita Silvers, Michael E. Waterstone, Michael Ashley Stein
Disability And Employment Discrimination At The Rehnquist Court, Anita Silvers, Michael E. Waterstone, Michael Ashley Stein
Faculty Publications
No abstract provided.
Data Note: Vr Outcomes For People With Spinal Cord Injury, Frank A. Smith, Dana Scott Gilmore, John Butterworth
Data Note: Vr Outcomes For People With Spinal Cord Injury, Frank A. Smith, Dana Scott Gilmore, John Butterworth
Data Note Series, Institute for Community Inclusion
An estimated 250,000 people are living with a spinal cord injury (SCI). Since 2000, the average age of injury has been 38, with almost 80% of new injuries affecting men. Approximately 7,154 persons with SCI entered the VR service system in 2004. In 2004, 2382 individuals with SCI achieved successful rehabilitation with the support of state vocational rehabilitation agencies.
Representing Children With Disabilities: Legal And Ethical Considerations, Kim Brooks Tandy, Teresa Heffernan
Representing Children With Disabilities: Legal And Ethical Considerations, Kim Brooks Tandy, Teresa Heffernan
Nevada Law Journal
No abstract provided.
Barriers To Accessible Housing: Enforcement Issues In "Design And Construction" Cases Under The Fair Housing Act, Robert G. Schwemm
Barriers To Accessible Housing: Enforcement Issues In "Design And Construction" Cases Under The Fair Housing Act, Robert G. Schwemm
University of Richmond Law Review
No abstract provided.
Making Sense Of The Inclusion Debate Under Idea, Stacey Gordon
Making Sense Of The Inclusion Debate Under Idea, Stacey Gordon
Brigham Young University Education and Law Journal
No abstract provided.
Disability, Disparate Impact, And Class Actions, Michael Ashley Stein, Michael E. Waterstone
Disability, Disparate Impact, And Class Actions, Michael Ashley Stein, Michael E. Waterstone
Faculty Publications
Following Title VII's enactment, group-based employment discrimination actions flourished due to disparate impact theory and the class action device. Courts recognized that subordination that defined a group's social identity was also sufficient legally to bind members together, even when relief had to be issued individually. Woven through these cases was a notion of panethnicity that united inherently unrelated groups into a common identity, for example, Asian Americans. Stringent judicial interpretation subsequently eroded both legal frameworks and it has become increasingly difficult to assert collective employment actions, even against discriminatory practices affecting an entire group. This deconstruction has immensely disadvantaged persons …
Framing The Voting Rights Claims Of Cognitively Impaired Individuals, Pamela S. Karlan
Framing The Voting Rights Claims Of Cognitively Impaired Individuals, Pamela S. Karlan
McGeorge Law Review
No abstract provided.
Absentee Voting By People With Disabilities: Promoting Access And Integrity, Daniel P. Tokaji, Ruth Colker
Absentee Voting By People With Disabilities: Promoting Access And Integrity, Daniel P. Tokaji, Ruth Colker
McGeorge Law Review
No abstract provided.
Defining And Assessing Capacity To Vote: The Effect Of Mental Impairment On The Rights Of Voters, Sally Balch Hurme, Paul S. Appelbaum
Defining And Assessing Capacity To Vote: The Effect Of Mental Impairment On The Rights Of Voters, Sally Balch Hurme, Paul S. Appelbaum
McGeorge Law Review
No abstract provided.
Preserving Voting Rights In Long-Term Care Institutions: Facilitating Resident Voting While Maintaining Election Integrity, Nina A. Kohn
Preserving Voting Rights In Long-Term Care Institutions: Facilitating Resident Voting While Maintaining Election Integrity, Nina A. Kohn
McGeorge Law Review
No abstract provided.
Karraker V. Rent-A-Center: Testing The Limits Of The Ada, Personality Tests, And Employer Preemployment Screening, Maureen E. Mulvihill
Karraker V. Rent-A-Center: Testing The Limits Of The Ada, Personality Tests, And Employer Preemployment Screening, Maureen E. Mulvihill
Loyola University Chicago Law Journal
No abstract provided.
Through The Looking Glass: Judicial Deference To Academic Decision-Making, Douglas K. Rush
Through The Looking Glass: Judicial Deference To Academic Decision-Making, Douglas K. Rush
Richmond Public Interest Law Review
This paper will review the statutory mandates of Section 504 and the ADA and examine the extent to which courts are willing to defer to institutional decisions concerning program modifications to accommodate learning disabled students. Courts have long recognized that academic decision-makers are entitled to deference, especially when their decisions concern issues related to educational programs. Courts must be vigilant, however, to properly weigh their role as the enforcers of Congressional legislation against the judicial policy of deference to academic decisions. Section I of this article will review the federal statutory and regulatory frameworks governing disability accommodations as they relate …
Connecting Care And Challenge: Tapping Our Human Potential - Inclusive Education: A Review Of Programming And Services In New Brunswick, A. Wayne Mackay
Connecting Care And Challenge: Tapping Our Human Potential - Inclusive Education: A Review Of Programming And Services In New Brunswick, A. Wayne Mackay
Reports & Public Policy Documents
Due to the short time frame for this Review, this cannot be considered an exhaustive report. There is however quite a massive volume of information and sources introduced here touching on the particulars required by the Terms of Reference.
In section I we present legal considerations that have an impact on education in various ways, all of which are related to inclusion and the application of equality rights in Canada. Those considerations include accommodation of students with disabilities, the student-teacher relationship, discipline, safe-schools, and a framework for analysis: the new 3 R’s in education: Rights, Responsibilities and Relationships. Included are …
Who Is Eligible Under The Individuals With Disabilities Education Improvement Act?, Robert A. Garda Jr.
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
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 …
Suit Filed In Illinois Over Ada, Shauna Coleman
Suit Filed In Illinois Over Ada, Shauna Coleman
Public Interest Law Reporter
No abstract provided.
Through The Looking Glass: Judicial Deference To Academic Decision-Making, Douglas K. Rush
Through The Looking Glass: Judicial Deference To Academic Decision-Making, Douglas K. Rush
Richmond Journal of Law and the Public Interest
This paper will review the statutory mandates of Section 504 and the ADA and examine the extent to which courts are willing to defer to institutional decisions concerning program modifications to accommodate learning disabled students. Courts have long recognized that academic decision-makers are entitled to deference, especially when their decisions concern issues related to educational programs. Courts must be vigilant, however, to properly weigh their role as the enforcers of Congressional legislation against the judicial policy of deference to academic decisions. Section I of this article will review the federal statutory and regulatory frameworks governing disability accommodations as they relate …
Critical Essay: Musings On The Need To Convince Some People With Disabilities That End-Of-Life Decision-Making Advocates Are Not Out To Get Them, Kathy L. Cerminara
Critical Essay: Musings On The Need To Convince Some People With Disabilities That End-Of-Life Decision-Making Advocates Are Not Out To Get Them, Kathy L. Cerminara
Loyola University Chicago Law Journal
No abstract provided.
A Veil Of Genetic Ignorance - Protecting Genetic Privacy To Ensure Equality, Radhika Rao
A Veil Of Genetic Ignorance - Protecting Genetic Privacy To Ensure Equality, Radhika Rao
Villanova Law Review
No abstract provided.