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Full-Text Articles in Disability Law

Impartial Hearings Under The Idea: Legal Issues And Answers, Perry A. Zirkel Jun 2019

Impartial Hearings Under The Idea: Legal Issues And Answers, Perry A. Zirkel

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


State Laws For Due Process Hearings Under The Individuals With Disabilities Education Act, Perry A. Zirkel Sep 2018

State Laws For Due Process Hearings Under The Individuals With Disabilities Education Act, Perry A. Zirkel

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


The Remedial Authority Of Hearing And Review Officers Under The Individuals With Disabilities Education Act: The Latest Update, Perry A. Zirkel Mar 2018

The Remedial Authority Of Hearing And Review Officers Under The Individuals With Disabilities Education Act: The Latest Update, Perry A. Zirkel

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Paternalism And The Rise Of The Disability State, David W. Engel, Jeffrey S. Wolfe Mar 2018

Paternalism And The Rise Of The Disability State, David W. Engel, Jeffrey S. Wolfe

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


The Rowley Enigma: How Much Weight Is Due To Idea State Administrative Proceedings In Federal Court?, Daniel W. Morton-Bentley Apr 2017

The Rowley Enigma: How Much Weight Is Due To Idea State Administrative Proceedings In Federal Court?, Daniel W. Morton-Bentley

Journal of the National Association of Administrative Law Judiciary

In this article, I argue that the phrase "due weight" incorporates a deferential review standard equivalent to the clear error or substantial evidence standard, a conclusion reached by a minority of the circuit courts of appeal. I further argue that, consistent with Rowley, federal courts must afford due weight to administrative officers' substantive or educational conclusions, but no weight to their procedural or non-educational conclusions. Part II offers a general outline of the IDEA, giving special attention to its judicial review provisions. In Part III, I provide a general discussion of judicial review of administrative adjudication. Part IV is devoted ...


The Third Dimension Of Fape Under The Idea: Iep Implementation, Perry A. Zirkel, Edward T. Bauer Apr 2017

The Third Dimension Of Fape Under The Idea: Iep Implementation, Perry A. Zirkel, Edward T. Bauer

Journal of the National Association of Administrative Law Judiciary

This article provides a synthesis of the three approaches to IEP implementation cases. More specifically, Part I summarizes the materiality/benefit approach, which-like the two-step approach for procedural violations but on a more intertwined basis-requires both a substantial non-implementation and an insufficient benefit. Part II summarizes the materiality-alone approach, which requires only a substantial failure. Part III summarizes the per se approach, which results in a denial of FAPE for any failure to implement beyond one that is clearly de minimis. Finally, Part IV provides conclusions and recommendations for IHOs in light of the incomplete precedential pattern to date. The ...


Save The Social Security Disability Trust Fund! And Reduce Ssi Exposure To The General Fund, Daniel F. Solomon Jun 2016

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 Jun 2016

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 Jun 2016

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 ...


Of Mouseholes And Elephants: The Statute Of Limitations For Impartial Hearings Under The Individuals With Disabilities Education Act, Perry A. Zirkel Apr 2016

Of Mouseholes And Elephants: The Statute Of Limitations For Impartial Hearings Under The Individuals 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 ...


Has The Supreme Court’S Schaffer Decision Placed A Burden On Hearing Officer Decision-Making Under The Idea?, Cathy A. Skidmore, Perry A. Zirkel Apr 2016

Has The Supreme Court’S Schaffer Decision Placed A Burden On Hearing Officer Decision-Making Under The Idea?, 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.


Special Treatment Stigma After The Ada Amendments Act, Nicole Buonocore Porter Mar 2016

Special Treatment Stigma After The Ada Amendments Act, Nicole Buonocore Porter

Pepperdine Law Review

This article explores a unique source of stigma suffered by individuals with disabilities in the workplace. Instead of focusing on those with the most stigmatizing disabilities, I focus on those individuals who have disabilities that are not perceived as very severe, yet they still suffer stigma. These individuals are stigmatized because of the special treatment they receive (or are perceived as receiving) through workplace accommodations provided pursuant to the Americans with Disabilities Act (ADA). In prior work, I have called this phenomenon “special treatment stigma,” the harm that arises from receiving special treatment in the workplace, especially when co-workers believe ...


An Idea For Special Education: Why The Idea Should Have Primacy Over The Ada In Adjudicating Education Claims For Students With Disabilities, Angela Estrella-Lemus May 2015

An Idea For Special Education: Why The Idea Should Have Primacy Over The Ada In Adjudicating Education Claims For Students With Disabilities, Angela Estrella-Lemus

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Are The Outcomes Of Hearing (And Review) Officer Decisions Different For Pro Se And Represented Parents?, Perry A. Zirkel May 2015

Are The Outcomes Of Hearing (And Review) Officer Decisions Different For Pro Se And Represented Parents?, Perry A. Zirkel

Journal of the National Association of Administrative Law Judiciary

The Individuals with Disabilities Education Act (IDEA) provides states with the option of having one or two tiers of administrative adjudication prior to the judicial level of dispute resolution. Although the numbers of states that have only a hearing officer level and those that additionally have a second tier, i.e., review officer level, have fluctuated, the net direction and overall balance has been clearly in favor of a one-tier system. Although originally established as a relatively informal and expedited means of adjudication in comparison to the courts, these administrative levels have become increasingly legalized. Given the costs of legal ...


Mi Casa Es Su Casa: The Benefits Of A Hud Mediation Program For Resolving Housing Accommodation Or Modification Disputes Between Landlords And Tenants With Disabilities, Adam Knobler Jan 2015

Mi Casa Es Su Casa: The Benefits Of A Hud Mediation Program For Resolving Housing Accommodation Or Modification Disputes Between Landlords And Tenants With Disabilities, Adam Knobler

Pepperdine Law Review

After first providing a background on federal housing laws that prohibit discrimination based on disability, this article then proceeds to describe and analyze the remedies available to tenants who have experienced disability discrimination. The article concludes that, not only are such remedies as filing a complaint or pursuing litigation difficult and time-consuming, they could also damage the long-term relationship between the parties and preclude the possibility of creative remedies that satisfy the needs of both parties. The article finishes by proposing that HUD develop an agency-wide mediation program based on the model of the Equal Employment Opportunity Commission (EEOC) mediation ...


Fixing Disability Courts, D. Randall Frye Jun 2014

Fixing Disability Courts, D. Randall Frye

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


California Year In Review: 2013 Special Education Alj Decisions, Ruth Colker Jun 2014

California Year In Review: 2013 Special Education Alj Decisions, Ruth Colker

Journal of the National Association of Administrative Law Judiciary

This article reviews 74 special education cases decided by California ALJs between January 1, 2013 and December 11, 2013. The author concludes that the ALJs provided stingy relief even when students prevailed, there was often unsuccessful litigation on behalf of a student following the termination of a consent decree or court order, many of the cases reflected negative attitudes towards the mothers of the student, and school districts often preferred more restrictive placements than the parent/student. Not surprisingly, students faced very unfavorable outcomes when they were not represented by a lawyer.


Do You Believe He Can Fly? Royce White And Reasonable Accommodations Under The Americans With Disabilities Act For Nba Players With Anxiety Disorder And Fear Of Flying, Michael A. Mccann Apr 2014

Do You Believe He Can Fly? Royce White And Reasonable Accommodations Under The Americans With Disabilities Act For Nba Players With Anxiety Disorder And Fear Of Flying, Michael A. Mccann

Pepperdine Law Review

This Article examines the legal ramifications of Royce White, a basketball player with general anxiety disorder and obsessive compulsive disorder, playing in the NBA. White's conditions cause him to have a fear of flying, thus making it difficult to play in the NBA. This subject is without precedent in sports law and, because of the unique aspects of an NBA playing career, lacks clear analogy to other employment circumstances. This dispute also illuminates broader legal and policy issues in the relationship between employment and mental illness. This Article argues that White would likely fail in a lawsuit against an ...


“Appropriate” Decisions Under The Individuals With Disabilities Education Act, Perry A. Zirkel Nov 2013

“Appropriate” Decisions Under The Individuals With Disabilities Education Act, Perry A. Zirkel

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Adjudicative Remedies For Denials Of Fape Under The Idea, Perry A. Zirkel Nov 2013

Adjudicative Remedies For Denials Of Fape Under The Idea, Perry A. Zirkel

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Statement Of The Association Of Administrative Law Judges: Committee On Ways And Means, Subcommittee On Social Security, D. Randall Frye Nov 2013

Statement Of The Association Of Administrative Law Judges: Committee On Ways And Means, Subcommittee On Social Security, D. Randall Frye

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Suspension Of Social Security Benefits To Incarcerated Felons, David Z. Nisnewitz Apr 2013

Suspension Of Social Security Benefits To Incarcerated Felons, David Z. Nisnewitz

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


The Disabled And Work: Some Problems Raised And Highlighted By The Americans With Disabilities Act Of 1990, Peter M. Panken Apr 2013

The Disabled And Work: Some Problems Raised And Highlighted By The Americans With Disabilities Act Of 1990, Peter M. Panken

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Americans With Disabilities Act Of 1990, Robert B. Fitzpatrick Apr 2013

Americans With Disabilities Act Of 1990, Robert B. Fitzpatrick

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Practical Tips For Employers For Compliance With The Ada , Patrick L. Clancy Apr 2013

Practical Tips For Employers For Compliance With The Ada , Patrick L. Clancy

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


The Evolution And Role Of The Administrative Law Judge At The Office Of Hearings And Appeals In The Social Security Administration, Charles N. Bono Apr 2013

The Evolution And Role Of The Administrative Law Judge At The Office Of Hearings And Appeals In The Social Security Administration, Charles N. Bono

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Note: Flatford V. Chater: No Absolute Due Process Right To Subpoena A Physician Providing Post-Hearing Evidence At A Social Security Disability Hearing, James L. Hoyle Apr 2013

Note: Flatford V. Chater: No Absolute Due Process Right To Subpoena A Physician Providing Post-Hearing Evidence At A Social Security Disability Hearing, James L. Hoyle

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Note: Bush V. Shalala And Pratts V. Chater: Social Security Disability Ping Pong And Contrasting Approaches In The Second Circuit: The Central Role Of An Active Alj, Jorge J. Vera Jr. Apr 2013

Note: Bush V. Shalala And Pratts V. Chater: Social Security Disability Ping Pong And Contrasting Approaches In The Second Circuit: The Central Role Of An Active Alj, Jorge J. Vera Jr.

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Beyond The Threshold: Wincing At Social Security's Process Of Evaluating Pain , David J. Agatstein Apr 2013

Beyond The Threshold: Wincing At Social Security's Process Of Evaluating Pain , David J. Agatstein

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Alcoholism As A Disability Under The Social Security Act - An Analysis Of The History, And Proposals For Change, Joyce Krutick Barlow Apr 2013

Alcoholism As A Disability Under The Social Security Act - An Analysis Of The History, And Proposals For Change, Joyce Krutick Barlow

Journal of the National Association of Administrative Law Judiciary

No abstract provided.