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Disability Law Commons

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Articles 1 - 20 of 20

Full-Text Articles in Disability Law

Disabling Ada Retaliation Claims, Nicole Buonocore Porter Jun 2019

Disabling Ada Retaliation Claims, Nicole Buonocore Porter

Nevada Law Journal

No abstract provided.


Dying Fast: Suicide In Individuals With Gambling Disorder, Stacey A. Tovino Jan 2016

Dying Fast: Suicide In Individuals With Gambling Disorder, Stacey A. Tovino

Scholarly Works

These published remarks carefully document the history of health insurance coverage of gambling disorder. They begin by providing examples of gambling disorder insurance benefit disparities in the contexts of public health care programs and private health plans. They proceed by reviewing the effect of three pieces of legislation, including the Mental Health Parity Act of 1996, the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008, and the Affordable Care Act of 2010, on public and private insurance coverage of gambling disorder. They highlight the partial victory that will occur in some states beginning in ...


Review Of Alaska Mental Health Statutes, Sara G. Gordon, Melissa Piasecki, Gil Kahn, Dawn Nielsen Jan 2016

Review Of Alaska Mental Health Statutes, Sara G. Gordon, Melissa Piasecki, Gil Kahn, Dawn Nielsen

Scholarly Works

This report identifies key statutory provisions that we recommend be amended, a description of our findings based on interviews with stakeholders, legislative history of the Alaska statutes, reviews of national best practices and, where applicable, information about emerging areas in national mental health law for Alaska to consider in creating new law. Our recommendations are based in large part on significant advances in law and medicine in the understanding and treatment of mental illness that have occurred in the years since Alaska last made significant and substantive reforms to its criminal and civil mental health statutes. It is important to ...


Gambling Disorder, Vulnerability, And The Law: Mapping The Field, Stacey A. Tovino Jan 2016

Gambling Disorder, Vulnerability, And The Law: Mapping The Field, Stacey A. Tovino

Scholarly Works

This Article seeks to descriptively map the sub-field of gambling disorder and the law and ask whether individuals with gambling disorder are vulnerable under the law. Like other scholarship that descriptively maps ethical, legal, and social implications of lesser known conditions and developments, this Article seeks to describe the treatment of individuals with gambling disorder in a variety of illustrative, but not exhaustive, legal contexts, to identify the limited scholarship assessing the application of the law to individuals with gambling disorder, and to invite members of the health law academy to bring their significant expertise to bear on these issues ...


How Teaching About Therapeutic Jurisprudence Can Be A Tool Of Social Justice, And Lead Law Students To Personally And Socially Rewarding Careers: Sexuality And Disability As A Case Example, Michael L. Perlin, Alison J. Lynch Sep 2015

How Teaching About Therapeutic Jurisprudence Can Be A Tool Of Social Justice, And Lead Law Students To Personally And Socially Rewarding Careers: Sexuality And Disability As A Case Example, Michael L. Perlin, Alison J. Lynch

Nevada Law Journal

No abstract provided.


The Utility And Limits Of Self-Exclusion Programs, Keith C. Miller Mar 2015

The Utility And Limits Of Self-Exclusion Programs, Keith C. Miller

UNLV Gaming Law Journal

No abstract provided.


Problem Gambling Is Funny, David M. Ranscht Mar 2015

Problem Gambling Is Funny, David M. Ranscht

UNLV Gaming Law Journal

No abstract provided.


Assumed Sane, Fatma Marouf Jan 2015

Assumed Sane, Fatma Marouf

Scholarly Works

In 2014, the Board of Immigration Appeals (BIA) held in Matter of G-G-S- that a noncitizen’s mental health status at the time of an offense is irrelevant to determining whether the offense is a “particularly serious crime” for immigration purposes. Since a “particularly serious crime” is a bar to asylum and withholding of removal, it can result in a noncitizen’s deportation to a country where he or she faces a serious risk of persecution. In deciding that immigration judges “are constrained by how mental health issues were addressed as part of the criminal proceedings,” the BIA failed to ...


Medicaid At 50: No Longer Limited To The "Deserving" Poor?, David Orentlicher Jan 2015

Medicaid At 50: No Longer Limited To The "Deserving" Poor?, David Orentlicher

Scholarly Works

Professor David Orentlicher considers the significance of the passage of the Affordable Care Act on the Medicaid program. He discusses the expansion of the program's recipients from merely children, pregnant women, single caretakers of children, and disabled persons to all persons up to 138% of the federal poverty level. Professor Orentlicher argues that the Medicaid expansion reflects concerns about the high costs of health care rather than an evolution in societal thinking about the "deserving" poor. As a result, the expansion may not provide a stable source of health care coverage for the expansion population.


Summary Of Anderson V. State, Emp’T Sec. Div., 130 Nev. Adv. Op. 32, Ryan Becklean May 2014

Summary Of Anderson V. State, Emp’T Sec. Div., 130 Nev. Adv. Op. 32, Ryan Becklean

Nevada Supreme Court Summaries

The Court interpreted the meaning of the phrase “within 3 years after the initial period of disability begins” within NRS 612.344 for a worker with a recurring or degenerative condition.


Incompetent But Deportable: The Case For A Right To Mental Competence In Removal Proceedings, Fatma E. Marouf Jan 2014

Incompetent But Deportable: The Case For A Right To Mental Competence In Removal Proceedings, Fatma E. Marouf

Scholarly Works

Important strides are currently being made toward increasing procedural due process protections for noncitizens with serious mental disabilities in removal proceedings, such as providing them with competency hearings and appointed counsel. This Article goes even further, arguing that courts should recognize a substantive due process right to competence in removal proceedings, which would prevent those found mentally incompetent from being deported. Recognizing a right to competence in a quasi-criminal proceeding such as removal would not be unprecedented, as most states already recognize this right in juvenile adjudication proceedings. The Article demonstrates that the same reasons underlying the prohibition against trial ...


Lost In The Shuffle: How Health And Disability Laws Hurt Disordered Gamblers, Stacey A. Tovino Jan 2014

Lost In The Shuffle: How Health And Disability Laws Hurt Disordered Gamblers, Stacey A. Tovino

Scholarly Works

Gambling disorder is not a legally sympathetic health condition. Health insurance policies and plans have long excluded treatment for gambling disorder from health insurance coverage. Individuals with gambling disorder who seek disability income insurance benefits from public and private disability income insurers also tend not to be successful in their claims. In addition, federal and state antidiscrimination laws currently exclude individuals with gambling disorder from disability discrimination protections. This Article is the first law review article to challenge the legal treatment of individuals with gambling disorder by showing how health insurance and antidiscrimination laws hurt problem gamblers. Using neuroscience, economics ...


The Marrakesh Puzzle, Marketa Trimble Jan 2014

The Marrakesh Puzzle, Marketa Trimble

Scholarly Works

This article analyzes the puzzle created by the 2013 Marrakesh Treaty in its provisions concerning the cross-border exchange of copies of copyrighted works made for use by persons who are “blind, visually impaired, or otherwise print disabled” (copies known as “accessible format copies”). The analysis should assist executive and legislative experts as they seek optimal methods for implementing the Treaty. The article provides an overview of the Treaty, notes its unique features, and examines in detail its provisions on the cross-border exchange of accessible format copies. The article discusses three possible sources for implementation tools – choice of law rules, the ...


Patients To Peers: Barriers And Opportunities For Doctors With Disabilities, Alicia Ouellette Mar 2013

Patients To Peers: Barriers And Opportunities For Doctors With Disabilities, Alicia Ouellette

Nevada Law Journal

No abstract provided.


One Step Closer To Mental Health Parity, Lorraine Schmall Apr 2009

One Step Closer To Mental Health Parity, Lorraine Schmall

Nevada Law Journal

No abstract provided.


Recruiting Sexual Minorities And People With Disabilities To Be Dean, Joan W. Howarth Jan 2008

Recruiting Sexual Minorities And People With Disabilities To Be Dean, Joan W. Howarth

Scholarly Works

As our day-to-day work lives make abundantly clear, a law faculty is a many-headed creature: an assortment of people with a variety of interests, strengths, foibles, personalities, and identities. Within the legal academy, a dominant consensus acknowledges that a strong faculty embodies diversity along multiple axes, including, for example, race, gender, religion, age, political ideology, research and teaching methodologies, and subject matter expertise.

The dean, however, stands alone, and stands above. Thus, issues of expectation, representation, comfort with and fear of difference operate quite differently when deans are selected, and when they do their jobs. The dean exercises authority over ...


Yes, There Is A Duty To Accommodate Someone "Regarded As" Disabled Under The Ada, Marsha R. Peterson Mar 2007

Yes, There Is A Duty To Accommodate Someone "Regarded As" Disabled Under The Ada, Marsha R. Peterson

Nevada Law Journal

No abstract provided.


Representing Children With Disabilities: Legal And Ethical Considerations, Kim Brooks Tandy, Teresa Heffernan Mar 2006

Representing Children With Disabilities: Legal And Ethical Considerations, Kim Brooks Tandy, Teresa Heffernan

Nevada Law Journal

No abstract provided.


Disabilities To Exceptional Abilities: Law Students With Disabilities, Nontraditional Learners, And The Law Teacher As A Learner, Jennifer Jolly-Ryan Sep 2005

Disabilities To Exceptional Abilities: Law Students With Disabilities, Nontraditional Learners, And The Law Teacher As A Learner, Jennifer Jolly-Ryan

Nevada Law Journal

No abstract provided.


Enabling Work For People With Disabilities: A Post-Integrationist Revision Of Underutilized Tax Incentives, Francine J. Lipman Jan 2003

Enabling Work For People With Disabilities: A Post-Integrationist Revision Of Underutilized Tax Incentives, Francine J. Lipman

Scholarly Works

No abstract provided.