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Disability Law Commons

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Articles 1 - 30 of 34

Full-Text Articles in Disability Law

The Development Of Emergency Planning For People With Disabilities Through Ada Litigation, 51 J. Marshall L. Rev. 819 (2018), Barry Taylor Jan 2018

The Development Of Emergency Planning For People With Disabilities Through Ada Litigation, 51 J. Marshall L. Rev. 819 (2018), Barry Taylor

The John Marshall Law Review

No abstract provided.


The Impact Of Estate Of Howell: Guardianship, Heir Misbehavior, And The Modern Family Within Illinois, 50 J. Marshall L. Rev. 615 (2017), Michael Habic Jan 2017

The Impact Of Estate Of Howell: Guardianship, Heir Misbehavior, And The Modern Family Within Illinois, 50 J. Marshall L. Rev. 615 (2017), Michael Habic

The John Marshall Law Review

This Comment shall discuss and evaluate the guardianship decision-making standard implemented in Estate of Howell as it relates to guardianships of disabled persons, and why Illinois has the best scheme for safeguarding the assets of a disabled adult when a guardian creates an estate plan on his or her behalf. The discussion is based on the holding in Estate of Howell that a guardian may act on behalf of the disabled adult’s interests and therefore the disabled adult’s last will and testament need not conform to the rules of intestacy, because of the hierarchical substituted judgment and best ...


The Intersection Of Agency Doctrine And Elder Law: Attorney-In-Fact Authority To Arbitrate Nursing Home Claims, 49 J. Marshall L. Rev. 39 (2015), Thomas Simmons Jan 2015

The Intersection Of Agency Doctrine And Elder Law: Attorney-In-Fact Authority To Arbitrate Nursing Home Claims, 49 J. Marshall L. Rev. 39 (2015), Thomas Simmons

The John Marshall Law Review

With the popularity of durable powers of attorney to manage the estates and personal affairs of individuals with diminished capacity, construction of the scope of powers with which agents are acting is of increasing importance. Some acts should be seen as so inherently personal or so dramatically inconsistent with the expected role of an agent as to be simply outside the scope of agency altogether. Others, such as those involving gifts, self-dealing transactions, or constitutional rights, should be never implied but honored when located within the express terms of an agent’s authority. The remaining powers should be construed and ...


Health Care For The Autistic Child In The U.S.: The Case For Federal Legislative Reform For Aba Therapy, 46 J. Marshall L. Rev. 169 (2012), Laura Hoffman Jan 2012

Health Care For The Autistic Child In The U.S.: The Case For Federal Legislative Reform For Aba Therapy, 46 J. Marshall L. Rev. 169 (2012), Laura Hoffman

The John Marshall Law Review

No abstract provided.


Battling Ptsd: Getting Reservists Suffering From Ptsd Back To Work Through Proposed Amendments To Userra And Va Disability Compensation Benefits, 45 J. Marshall L. Rev. 1201 (2012), Jeremiah Stephan Jan 2012

Battling Ptsd: Getting Reservists Suffering From Ptsd Back To Work Through Proposed Amendments To Userra And Va Disability Compensation Benefits, 45 J. Marshall L. Rev. 1201 (2012), Jeremiah Stephan

The John Marshall Law Review

No abstract provided.


Are You Covered? The Need For Improvement In Insurance Coverage For Autism Spectrum Disorder, 44 J. Marshall L. Rev. 291 (2010), Marissa Mazza Jan 2010

Are You Covered? The Need For Improvement In Insurance Coverage For Autism Spectrum Disorder, 44 J. Marshall L. Rev. 291 (2010), Marissa Mazza

The John Marshall Law Review

No abstract provided.


The Americans With Disabilities Act And Internet Accessibility For The Blind, 25 J. Marshall J. Computer & Info. L. 543 (2008), Katherine Rengel Jan 2008

The Americans With Disabilities Act And Internet Accessibility For The Blind, 25 J. Marshall J. Computer & Info. L. 543 (2008), Katherine Rengel

The John Marshall Journal of Information Technology & Privacy Law

This comment analyzes the current debate over Internet accessibility for the blind. The author proposes an amendment to the ADA which would require that all Web sites make reasonable accommodations so they are accessible to the visually impaired. The amendment would comply with the purpose of the ADA, and promote the public policy of equal access to all. Finally, the author concludes that, given the Internet’s prevalence in today’s society, an amendment to the ADA is essential to promote equality and bring the ADA into the Internet age.


Angling For A Fair Standard: A Recommendation For A Narrowly Tailored Non-Profit Exemption To The Closed Captioning Requirements, 25 J. Marshall J. Computer & Info. L. 165 (2007), Joshua Pila Jan 2007

Angling For A Fair Standard: A Recommendation For A Narrowly Tailored Non-Profit Exemption To The Closed Captioning Requirements, 25 J. Marshall J. Computer & Info. L. 165 (2007), Joshua Pila

The John Marshall Journal of Information Technology & Privacy Law

In late 2006, the FCC’s Consumer and Government Affairs Bureau (“CGB”) issued the Anglers Order, providing a wholesale exemption for non-profit entities seeking to avoid the strictures of the Commission’s closed captioning rules. Disability advocates quickly criticized the Anglers Order on administrative law and communications law grounds. This paper avoids administrative law and communications law issues, but instead criticizes the Anglers Order on non-profit law and policy grounds. The paper then recommends and supports a post-application, narrowly-tailored financial test, automatically exempting A) non-profit organizations, with B) less than $25,000 in annual revenue, who C) receive no financial ...


Law Students With Attention Deficit Disorder: How To Reach Them, How To Teach Them, 39 J. Marshall L. Rev. 349 (2006), Robin A. Boyle Jan 2006

Law Students With Attention Deficit Disorder: How To Reach Them, How To Teach Them, 39 J. Marshall L. Rev. 349 (2006), Robin A. Boyle

The John Marshall Law Review

No abstract provided.


Brief Of Amici Curiae Not Dead Yet, Adapt, Center On Disability Studies, Law And Policy At Syracuse University, Center For Self-Determination, Hospice Patients Alliance, Mouth Magazine/Freedom Clearinghouse, National Council On Independent Living, National Spinal Cord Injury Association, Self-Advocates Becoming Empowered, Society For Disability Studies, Tash And The World Institute On Disability In Support Of Petitioners, Gonzalez V. Oregon, 126 S.Ct. 904 (Supreme Court Of The United States Of America 2006) (No. 04-623), Walter J. Kendall Iii Jan 2005

Brief Of Amici Curiae Not Dead Yet, Adapt, Center On Disability Studies, Law And Policy At Syracuse University, Center For Self-Determination, Hospice Patients Alliance, Mouth Magazine/Freedom Clearinghouse, National Council On Independent Living, National Spinal Cord Injury Association, Self-Advocates Becoming Empowered, Society For Disability Studies, Tash And The World Institute On Disability In Support Of Petitioners, Gonzalez V. Oregon, 126 S.Ct. 904 (Supreme Court Of The United States Of America 2006) (No. 04-623), Walter J. Kendall Iii

Court Documents and Proposed Legislation

No abstract provided.


Open And Closed: Captioning Technology As A Means To Equality, 23 J. Marshall J. Computer & Info. L. 159 (2004), Faye Kuo Jan 2004

Open And Closed: Captioning Technology As A Means To Equality, 23 J. Marshall J. Computer & Info. L. 159 (2004), Faye Kuo

The John Marshall Journal of Information Technology & Privacy Law

It is well known that going to the movies is an extremely popular pastime for the Americans. However for millions of Americans who are deaf or hard of hearing this is not something that they can enjoy in the same terms as the rest of the other movie goers since most movie theater operators consider that providing “equal access” to deaf or hard of hearing individuals consists only of allowing them to enter the theater, purchase and ticket and sit down not install captioning technology so that deaf or hard of hearing individuals could actually understand the movie shown. The ...


Insulin-Dependent Diabetes And Access To Treatment In The Workplace: The Failure Of The Americans With Disabilities Act To Provide Protection, 37 J. Marshall L. Rev. 957 (2004), Margaret C. Mcgrath Jan 2004

Insulin-Dependent Diabetes And Access To Treatment In The Workplace: The Failure Of The Americans With Disabilities Act To Provide Protection, 37 J. Marshall L. Rev. 957 (2004), Margaret C. Mcgrath

The John Marshall Law Review

No abstract provided.


Kimel And Garrett: Another Example Of The Court Undervaluing Individual Sovereignty And Settled Expectations, 76 Temp. L. Rev. 787 (2003), Julie M. Spanbauer Jan 2003

Kimel And Garrett: Another Example Of The Court Undervaluing Individual Sovereignty And Settled Expectations, 76 Temp. L. Rev. 787 (2003), Julie M. Spanbauer

Faculty Scholarship

No abstract provided.


Americans With Disabilities Act (Ada), Seventh Circuit Review, 36 J. Marshall L. Rev. 953 (2003), Paul Cherner, Abel Leon Jan 2003

Americans With Disabilities Act (Ada), Seventh Circuit Review, 36 J. Marshall L. Rev. 953 (2003), Paul Cherner, Abel Leon

The John Marshall Law Review

No abstract provided.


Title Vii Retaliation, A Unique Breed, 36 J. Marshall L. Rev. 925 (2003), David Anthony Rutter Jan 2003

Title Vii Retaliation, A Unique Breed, 36 J. Marshall L. Rev. 925 (2003), David Anthony Rutter

The John Marshall Law Review

No abstract provided.


Are You My Parent? Are You My Child? The Role Of Genetics And Race In Defining Relationships After Reproductive Technological Mistakes, 5 Depaul J. Health Care L. 15 (2002), Raizel Liebler Jan 2002

Are You My Parent? Are You My Child? The Role Of Genetics And Race In Defining Relationships After Reproductive Technological Mistakes, 5 Depaul J. Health Care L. 15 (2002), Raizel Liebler

Faculty Scholarship

Imagine that you are a married woman who wants to have a genetically related child with your husband. Your doctor tells you that you are infertile, and therefore you and your husband go to XYZ fertility clinic to receive in vitro treatment. You have your eggs harvested, your husband supplies sperm, and ten embryos are created. Five embryos are implanted in your uterus and five are frozen and kept by the fertility clinic for your later use. You successfully conceive and give birth to twins. You notice that the children you give birth to are of a different race than ...


Genetically Defective: The Judicial Interpretation Of The Americans With Disabilities Act Fails To Protect Against Genetic Discrimination In The Workplace, 35 J. Marshall L. Rev. 457 (2002), Brian M. Holt Jan 2002

Genetically Defective: The Judicial Interpretation Of The Americans With Disabilities Act Fails To Protect Against Genetic Discrimination In The Workplace, 35 J. Marshall L. Rev. 457 (2002), Brian M. Holt

The John Marshall Law Review

No abstract provided.


Disabilities In Notary Law And Practice, 32 J. Marshall L. Rev. 1033 (1999), R. Jason Richards Jan 1999

Disabilities In Notary Law And Practice, 32 J. Marshall L. Rev. 1033 (1999), R. Jason Richards

The John Marshall Law Review

No abstract provided.


Title Vii And Negative Job References: Employees Find Safe Harbor In Robinson V. Shell Oil Company, 31 J. Marshall L. Rev. 521 (1998), Matthew J. Cleveland Jan 1998

Title Vii And Negative Job References: Employees Find Safe Harbor In Robinson V. Shell Oil Company, 31 J. Marshall L. Rev. 521 (1998), Matthew J. Cleveland

The John Marshall Law Review

No abstract provided.


Establishing A Prima Facie Case Involving Multiple Chemical Sensitivity: A Threshhold Approach, 29 J. Marshall L. Rev. 441 (1996), Merilyn Brown Jan 1996

Establishing A Prima Facie Case Involving Multiple Chemical Sensitivity: A Threshhold Approach, 29 J. Marshall L. Rev. 441 (1996), Merilyn Brown

The John Marshall Law Review

No abstract provided.


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

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

The John Marshall Law Review

No abstract provided.


The Aids Epidemic And Health Care Reform, 27 J. Marshall L. Rev. 279 (1994), William A. Bradford Jr., Michelle A. Zavos Jan 1995

The Aids Epidemic And Health Care Reform, 27 J. Marshall L. Rev. 279 (1994), William A. Bradford Jr., Michelle A. Zavos

The John Marshall Law Review

No abstract provided.


Doctors, Aids, And Confidentiality In The 1990s, 27 J. Marshall L. Rev. 331 (1994), Sheila Taub Jan 1995

Doctors, Aids, And Confidentiality In The 1990s, 27 J. Marshall L. Rev. 331 (1994), Sheila Taub

The John Marshall Law Review

No abstract provided.


The Americans With Disabilities Act And Refusals To Provide Medical Care To Persons With Hiv/Aids, 27 J. Marshall L. Rev. 347 (1994), Jack P. Desario, James D. Slack Jan 1995

The Americans With Disabilities Act And Refusals To Provide Medical Care To Persons With Hiv/Aids, 27 J. Marshall L. Rev. 347 (1994), Jack P. Desario, James D. Slack

The John Marshall Law Review

No abstract provided.


If I Tell You, Will You Treat Me, 27 J. Marshall L. Rev. 363 (1994), Mauro A. Montoya Jr. Jan 1995

If I Tell You, Will You Treat Me, 27 J. Marshall L. Rev. 363 (1994), Mauro A. Montoya Jr.

The John Marshall Law Review

No abstract provided.


Aids And Funeral Homes: Common Legal Issues Facing Funeral Directors, 27 J. Marshall L. Rev. 411 (1994), Mark E. Wojcik Jan 1995

Aids And Funeral Homes: Common Legal Issues Facing Funeral Directors, 27 J. Marshall L. Rev. 411 (1994), Mark E. Wojcik

The John Marshall Law Review

No abstract provided.


Employer's Guide To The Americans With Disabilities Act: From Job Qualifications To Reasonable Accommodations, 24 J. Marshall L. Rev. 693 (1991), Lawrence Postol, David Kadue Jan 1991

Employer's Guide To The Americans With Disabilities Act: From Job Qualifications To Reasonable Accommodations, 24 J. Marshall L. Rev. 693 (1991), Lawrence Postol, David Kadue

The John Marshall Law Review

No abstract provided.


Dellmuth V. Muth: The Eleventh Amendment Pierces The Legal Shield Of Eha Protection, 23 J. Marshall L. Rev. 487 (1990), Paula K. Maguire Jan 1990

Dellmuth V. Muth: The Eleventh Amendment Pierces The Legal Shield Of Eha Protection, 23 J. Marshall L. Rev. 487 (1990), Paula K. Maguire

The John Marshall Law Review

No abstract provided.


Discrimination Against Families With Children And Handicapped Persons Under The 1988 Amendments To The Fair Housing Act, 22 J. Marshall L. Rev. 541 (1989), Michael P. Seng Jan 1989

Discrimination Against Families With Children And Handicapped Persons Under The 1988 Amendments To The Fair Housing Act, 22 J. Marshall L. Rev. 541 (1989), Michael P. Seng

The John Marshall Law Review

No abstract provided.


Terminating The Rights Of Mentally Retarded Parents: Severing The Ties That Bind, 22 J. Marshall L. Rev. 133 (1988), Patricia Werner Jan 1988

Terminating The Rights Of Mentally Retarded Parents: Severing The Ties That Bind, 22 J. Marshall L. Rev. 133 (1988), Patricia Werner

The John Marshall Law Review

No abstract provided.