Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Administrative Law (52)
- Education Law (29)
- Civil Rights and Discrimination (23)
- Labor and Employment Law (11)
- Dispute Resolution and Arbitration (7)
-
- Social Welfare Law (7)
- Health Law and Policy (6)
- Judges (6)
- Medical Jurisprudence (6)
- Law and Society (5)
- Constitutional Law (3)
- Courts (3)
- Entertainment, Arts, and Sports Law (3)
- Evidence (3)
- Legal Remedies (3)
- Legislation (3)
- Criminal Law (2)
- Elder Law (2)
- Housing Law (2)
- Jurisprudence (2)
- Law and Psychology (2)
- Other Law (2)
- Religion Law (2)
- Retirement Security Law (2)
- Workers' Compensation Law (2)
- Animal Law (1)
- Civil Procedure (1)
- Contracts (1)
- Keyword
-
- Individuals with Disabilities Education Act (27)
- IDEA (26)
- Special education (17)
- Disability (14)
- Americans with Disabilities Act (12)
-
- ADA (11)
- Social security (11)
- Social Security Administration (8)
- Disability insurance (7)
- Disabled students (7)
- Discrimination (7)
- Free appropriate public education (7)
- Administrative law (6)
- Discrimination against disabled persons (6)
- Social Security (6)
- Administrative law judge (5)
- Disabilities (5)
- Disabled (5)
- Discrimination against the handicapped (5)
- Education (5)
- Due process (4)
- Employers (4)
- FAPE (4)
- Handicapped (4)
- IHO (4)
- Impartial hearing officer (4)
- Mediation (4)
- Administrative procedure (3)
- Alternative dispute resolution (3)
- California (3)
- Publication Year
- Publication
- Publication Type
Articles 61 - 85 of 85
Full-Text Articles in Disability Law
The Times They Are A Changin': A New Jurisprudence For Social Security, Jeffrey S. Wolfe
The Times They Are A Changin': A New Jurisprudence For Social Security, Jeffrey S. Wolfe
Journal of the National Association of Administrative Law Judiciary
The Social Security Administration (SSA) is wading in waters knee deep and fast rising when it comes to what is described in repeated news stories as a rising tide of backlogged Social Security disability appeals. A change in the essential jurisprudence underlying hearings afforded to those appealing an administrative denial of Social Security disability benefits is necessary to remedy the single most pressing issue in the hearings and appeals process - the hue and cry over the pending backlog of such cases.
Considering Innovative Alternatives To Handling Cases Of Adults With Special Conditions Under The Social Security Act , Sarah Robichaud
Considering Innovative Alternatives To Handling Cases Of Adults With Special Conditions Under The Social Security Act , Sarah Robichaud
Journal of the National Association of Administrative Law Judiciary
Title II and Title XVI of the Social Security Act provide critical support to individuals with disabilities. However, until recently, the way that the Social Security Administration processed medical information to make disability determinations had not changed in any fundamental way since the inception of the Act. The disability determination process is logical for many frequently handled, well-known conditions, yet there are a significant number of cases regarding special conditions that are not as well-known or as frequently considered by the Office of Disability Adjudication and Review, which administers hearings and appeals for the Social Security Administration. The Social Security …
Delineating Administrative Exhaustion Requirements And Establishing Federal Courts' Jurisdiction Under The Individuals With Disabilities Education Act: Lessons From The Case Law And Proposals For Congressional Action , Lewis M. Wasserman
Journal of the National Association of Administrative Law Judiciary
The Individuals with Disabilities Education Act (IDEA), enacted through Congress's Spending Clause Power, is the principal federal statute aimed at insuring that children with disabilities receive a Free Appropriate Public Education (FAPE) in the nation's public schools. The Act has spawned a substantial and growing body of litigation between parents and local and state educational agencies in federal and state courts during the last decade. During this period nearly 20%-21% of these cases have addressed the issue of exhaustion of IDEA's administrative remedies, and the related concern about federal courts' jurisdiction, when the law's exhaustion requirements have not been satisfied. …
Social Security's Compassionate Allowances: Innovative Initiative Or Deceptive Smokescreen, Michael Boyd
Social Security's Compassionate Allowances: Innovative Initiative Or Deceptive Smokescreen, Michael Boyd
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
The Sanctioning Authority Of Hearing Officers In Special Education Cases, Salma A. Khaleq
The Sanctioning Authority Of Hearing Officers In Special Education Cases, Salma A. Khaleq
Journal of the National Association of Administrative Law Judiciary
Under the Individuals with Disabilities Education Act (IDEA or the Act), children with disabilities are entitled to a free, appropriate public education (FAPE). The Act provides a procedural safeguard for children and their parents seeking to challenge a state or local educational agency's educational plan for the child in the form of a due process hearing presided over by a hearing officer or an administrative law judge (ALJ). This article describes the current case law concerning the authority of ALJs to sanction parties and attorneys for misconduct during these special education proceedings. Due to the limited number of cases available …
There But For The Grace Of God Go I: The Right Of Cross-Examination In Social Security Disability Hearings , Bradley S. Dixon
There But For The Grace Of God Go I: The Right Of Cross-Examination In Social Security Disability Hearings , Bradley S. Dixon
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: An Update, Perry A. Zirkel
The Remedial Authority Of Hearing And Review Officers Under The Individuals With Disabilities Education Act: An Update, Perry A. Zirkel
Journal of the National Association of Administrative Law Judiciary
This article provides an update of a comprehensive review that was published five years ago, which synthesized the various sources of law specific to the remedial authority of hearing/review officers (H/ROs) under the Individuals with Disabilities Education Act (IDEA).
Equal Protection And The New Rational Basis Test: The Mentally Retarded Are Not Second Class Citizens In Cleburne, Gordon W. Johnson
Equal Protection And The New Rational Basis Test: The Mentally Retarded Are Not Second Class Citizens In Cleburne, Gordon W. Johnson
Pepperdine Law Review
Recently, the Fifth Circuit held that classifications involving the mentally retarded were quasi-suspect and should be reviewed under a heightened scrutiny analysis. The Supreme Court reversed that holding but granted the retarded a remedy by applying a more genuine scrutiny under the rational basis test. The Court's decision in City of Cleburne, Texas v. Cleburne Living Center, Inc. raises the question whether the Court intends to apply an increased level of scrutiny under the rational basis test or whether this case merely represents another ad hoc decision made on the horns of a dilemma. This Note discusses the uncertain impact …
Beyond Abortion: Human Genetics And The New Eugenics, John R. Harding Jr.
Beyond Abortion: Human Genetics And The New Eugenics, John R. Harding Jr.
Pepperdine Law Review
No abstract provided.
Assisted Suicide: A Tough Pill To Swallow, Mary Margaret Penrose
Assisted Suicide: A Tough Pill To Swallow, Mary Margaret Penrose
Pepperdine Law Review
No abstract provided.
Bragdon V. Abbott: The Supreme Court's Anti-Discrimination Advocacy And The Reopening Of Pandora's Box , Brett D. Watson
Bragdon V. Abbott: The Supreme Court's Anti-Discrimination Advocacy And The Reopening Of Pandora's Box , Brett D. Watson
Pepperdine Law Review
No abstract provided.
Medicating The Ada - Sutton V. United Airlines, Inc.: Considering Mitigating Measures To Define Disability, Ian D. Thompson
Medicating The Ada - Sutton V. United Airlines, Inc.: Considering Mitigating Measures To Define Disability, Ian D. Thompson
Pepperdine Law Review
No abstract provided.
Cedar Rapids Community School District V. Garret F.: A High Price For Equal Education , Kristie Harding
Cedar Rapids Community School District V. Garret F.: A High Price For Equal Education , Kristie Harding
Pepperdine Law Review
No abstract provided.
Jumping On The Bandwagon: The United States Supreme Court Prohibits The Execution Of Mentally Retarded Persons In Atkins V. Virginia, Lisa Odom
Pepperdine Law Review
No abstract provided.
I'M So Lonesome I Could Cry ... But Could I Sue?: Whether 'Interacting With Others' Is A Major Life Activity Under The Ada, Bryan P. Stephenson
I'M So Lonesome I Could Cry ... But Could I Sue?: Whether 'Interacting With Others' Is A Major Life Activity Under The Ada, Bryan P. Stephenson
Pepperdine Law Review
No abstract provided.
Toyota Motor Manufacturing V. Williams: A Case Of Carpal Tunnel Syndrome Weakens The Grip Of The Americans With Disabilities Act, Andrea Kloehn Naef
Toyota Motor Manufacturing V. Williams: A Case Of Carpal Tunnel Syndrome Weakens The Grip Of The Americans With Disabilities Act, Andrea Kloehn Naef
Pepperdine Law Review
No abstract provided.
The Section 5 Power After Tennessee V. Lane, William D. Araiza
The Section 5 Power After Tennessee V. Lane, William D. Araiza
Pepperdine Law Review
No abstract provided.
The Aclu And The Propriety Of Dispute Resolution In Civil Rights Controversies, Amber Mckinney
The Aclu And The Propriety Of Dispute Resolution In Civil Rights Controversies, Amber Mckinney
Pepperdine Dispute Resolution Law Journal
Section I examines the history, purpose, and methodology of the American Civil Liberties Union. Section II discusses the historical development and use of Alternative Dispute Resolution. Section III, Part A provides examples of its use in environmental controversies, Americans with Disabilities Act disputes, and employment conflicts. Section III, Part B explains the arguments for and against the use of Alternative Dispute Resolution in Civil Rights Controversies. Section IV, Part A looks at examples of the use of Alternative Dispute Resolution by the American Civil Liberties Union, while Part B provides insight into the interplay of Alternative Dispute Resolution and the …
New Amendments To Resolving Special Education Disputes: Any Good Ideas?, Demetra Edwards
New Amendments To Resolving Special Education Disputes: Any Good Ideas?, Demetra Edwards
Pepperdine Dispute Resolution Law Journal
This article first analyzes the state of affairs under the Individuals with Disabilities Education Act (IDEA), prior to the passage of the Individuals with Disabilities Education Improvement Act of 2004, and the affects that the 1997 reauthorization alternative dispute resolution amendments had on special education law. Next, this article will address the appropriateness of the newly enacted negotiation and settlement methods, specifically the resolution session provision, and the benefits and detriments for resolving special education issues using these processes. This article will further discuss the amendments regarding attorneys' fees, and finally the House's failed proposal for voluntary binding arbitration and …
Available Dispute Resolution Processes Within The Reauthorized Individuals With Disabilities Education Improvement Act (Ideia) Of 2004: Where Do Mediation Principles Fit In? , Andrea F. Blau
Pepperdine Dispute Resolution Law Journal
The Individual Disabilities Education Act of 1997 first offered mediation processes to parents and school systems as an available dispute resolution process. Congress mandated that mediation be made available whenever a due process hearing was filed. The intent was to assist parents and school systems in resolving their differences regarding the educational needs for children with disabilities through increased discussions and collaborative efforts; this would reduce the need for costly and adversarial litigation. Alternative dispute resolution processes have taken an increasingly dominant role within the newly reauthorized IDEIA of 2004, reflecting Congressional promotion of parent and district collaboration for achieving …
The Disability History Mystery: Assessing The Employer's Reasonable Accommodation Obligation In "Record Of Disability" Cases, Michael D. Moberly
The Disability History Mystery: Assessing The Employer's Reasonable Accommodation Obligation In "Record Of Disability" Cases, Michael D. Moberly
Pepperdine Law Review
No abstract provided.
What Can We Hope For From Law?, Ellen S. Pryor
What Can We Hope For From Law?, Ellen S. Pryor
Pepperdine Law Review
What can a lawyer of faith hope for, and expect from, law? This Essay, based on the 2008 Louis Brandeis Lecture given at Pepperdine University, discusses why and how this question matters not just as a matter of theory but to our real-world lawyering journeys. The Essay discusses two of the frameworks that can shape our answer to the question: a natural law viewpoint and what the Essay calls a “Lutheran” view. After explaining how these two perspectives might lead to different expectations about the effects of law, the Essay discusses whether either of these approaches is more sustaining or …
"Mortal [K]Ombat In Cleats": An Examination Of The Effectiveness Of The National Football League's Disability Plan And Its Impact On Retired Players, Brett Edwin Lovellette
"Mortal [K]Ombat In Cleats": An Examination Of The Effectiveness Of The National Football League's Disability Plan And Its Impact On Retired Players, Brett Edwin Lovellette
Pepperdine Law Review
No abstract provided.
On Equal Footing: Does Accommodating Athletes With Disabilities Destroy The Competitive Playing Field Or Level It?, Sarah J. Wild
On Equal Footing: Does Accommodating Athletes With Disabilities Destroy The Competitive Playing Field Or Level It?, Sarah J. Wild
Pepperdine Law Review
No abstract provided.
Why Context Matters: Defining Service Animals Under Federal Law, Rebecca J. Huss
Why Context Matters: Defining Service Animals Under Federal Law, Rebecca J. Huss
Pepperdine Law Review
This Article analyzes the differing definitions of service animals under federal law as interpreted by three separate agencies. The regulations and case law interpreting the issue under the Americans with Disabilities Act, the Fair Housing Act, and the Air Carrier Access Act illustrate the need for further clarification in order to ensure that individuals with disabilities are granted the full protection of the law.