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Articles 1 - 8 of 8
Full-Text Articles in Disability Law
Reclaiming The Right To Consent: Judicial Bypass Mechanism As A Way For Persons With Disabilities To Lawfully Consent To Sexual Activity In Ohio, Melissa S. Obodzinski
Reclaiming The Right To Consent: Judicial Bypass Mechanism As A Way For Persons With Disabilities To Lawfully Consent To Sexual Activity In Ohio, Melissa S. Obodzinski
Cleveland State Law Review
In Ohio, it is a criminal offense to engage in sexual conduct with another when his or her ability to consent is “substantially impaired” because of a mental or physical condition. There is no mechanism for persons with intellectual and/or developmental disabilities to receive judicial notice of whether their ability to consent is “substantially impaired” prior to criminal adjudication, nor is there a way for them to affirmatively prove that they have the capacity to consent to sexual activity. Thus, under Ohio law, intellectually and/or developmentally disabled individuals may be functionally and irrevocably barred from engaging in sexual intimacy for …
The Future Of The Americans With Disabilities Act: Website Accessibility Litigation After Covid-19, Randy Pavlicko
The Future Of The Americans With Disabilities Act: Website Accessibility Litigation After Covid-19, Randy Pavlicko
Cleveland State Law Review
The Americans with Disabilities Act (ADA) was enacted in 1990 to eliminate discrimination against individuals with disabilities. Over time, as society has become more reliant on the internet, the issue of whether the ADA’s scope extends beyond physical places to online technology has emerged. A circuit split developed on this issue, and courts have discussed three interpretations of the ADA’s scope: (1) the ADA applies to physical places only; (2) the ADA applies to a website or mobile app that has a sufficient nexus to a physical place; or (3) the ADA broadly applies beyond physical places to online technology. …
Depression: The Often Overlooked Sequela Of Head Trauma, Samuel D. Hodge Jr., Jack E. Hubbard
Depression: The Often Overlooked Sequela Of Head Trauma, Samuel D. Hodge Jr., Jack E. Hubbard
Cleveland State Law Review
Depression is a common sequela of head trauma. Approximately half of all individuals with a cranial injury will experience depression within the first year, regardless of the severity of the injury. The ailment is characterized clinically as a mood disorder, often associated with intense feelings of sadness. However, depression is more complex than mood disorders, as many mental and bodily complaints—such as insomnia, fatigue, anxiety, appetite changes, aches and pains, and lack of interest in previously enjoyable activities—are associated with depression. These intense feelings, particularly when combined with despair and hopelessness, can lead to suicide, a dreaded potential complication of …
Leave As An Accommodation: When Is Enough, Enough?, Stacy A. Hickox, Joseph M. Guzman
Leave As An Accommodation: When Is Enough, Enough?, Stacy A. Hickox, Joseph M. Guzman
Cleveland State Law Review
The right to reasonable accommodations under the Americans with Disabilities Act includes leave that will enable an employee with a disability to return to work rather than being discharged. This right may seem unreasonable for an employer needing employees to be at work to be productive, raising the question of when leave as an accommodation becomes unreasonable or imposes an undue hardship on an employer. In the absence of specific guidance from the Supreme Court, the circuit courts apply a variety of approaches, ranging from individualized analysis to determinations that any leave exceeding some number of weeks is unreasonable. In …
Equal Access To Post-Secondary Education: The Sisyphean Impact Of Flagging Test Scores Of Persons With Disabilities , Helia Garrido Hull
Equal Access To Post-Secondary Education: The Sisyphean Impact Of Flagging Test Scores Of Persons With Disabilities , Helia Garrido Hull
Cleveland State Law Review
In view of the social stigma associated with disabilities, and the inherent costs of providing accommodations to disabled students, the opportunity for bias within the admissions selection process is clear. As a result, the practice of flagging standardized tests has come under increasing scrutiny. The practice of distinguishing test takers having a disability from those who do not runs counter to the social policy of inclusion, and prevents disabled individuals from enjoying the benefits of equal citizenship. Part II of this paper provides a brief overview of the prejudice disabled individuals have endured throughout history, and discusses some early movements …
The Applicability Of The Ada To Private Internet Web Sites, Carrie L. Kiedrowski
The Applicability Of The Ada To Private Internet Web Sites, Carrie L. Kiedrowski
Cleveland State Law Review
This article proposes that private commercial web sites are considered places of public accommodation; consequently, private Internet web sites must be accessible to people with disabilities under the Americans with Disabilities Act. Part I introduces the thesis of this article. Part II sets out the historical inception of the legal rights of accessibility for people with disabilities in public and private entities. Additionally, Part II describes recent federal actions mandating accessibility of government related web sites. Part III addresses the question of whether Internet web sites are considered places of public accommodation under the ADA, including an analysis of supporting …
New Protections For Persons With Mental Illness In The Workplace Under The Americans With Disabilities Act Of 1990, Janet Lowder Hamilton
New Protections For Persons With Mental Illness In The Workplace Under The Americans With Disabilities Act Of 1990, Janet Lowder Hamilton
Cleveland State Law Review
The growth of civil rights for the disabled in recent years has focused on the problems of physical disabilities and removal of architectural barriers. Notable gains have been made in society's recognition of the rights and needs of such individuals through the American’s with Disabilities Act, but acknowledgement of the less obvious condition of psychiatric disability has lagged far behind. This is particularly true of individuals with mental illness, which constitutes probably the largest single group of disabled individuals, and one of the least vocal. Because of negative social attitudes, individuals with mild disorders hesitate to call attention to their …
The Medical Improvement Standard: An Ounce Of Presumption Is Worth A Pound Of Cure, Diane Jankowski
The Medical Improvement Standard: An Ounce Of Presumption Is Worth A Pound Of Cure, Diane Jankowski
Cleveland State Law Review
Massive termination of Social Security disability benefits has stirred considerable controversy over the procedure employed to separate wrongfully-terminated, deserving recipients from malingerers. After meeting the statutory definition of "disability," most recipients are not automatically granted continuous benefits. Rather, the Social Security Administration undertakes periodic investigations to determine whether recipients continue to remain eligible for disability compensation. Procedural questions concerning terminations were settled by a 1982 Amendment to the Social Security Act that mandated face-to-face reconsideration hearings. Problems remained, however, regarding which party bore the burden of proof in presenting evidence of continued disability. Although this Note will briefly outline the …