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Disability Law Commons

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Articles 1 - 28 of 28

Full-Text Articles in Disability Law

From Mainstreaming To Marginalization? Idea's De Facto Segregation Consequences And Prospects For Restoring Equity In Special Education, Kerrigan O'Malley Mar 2016

From Mainstreaming To Marginalization? Idea's De Facto Segregation Consequences And Prospects For Restoring Equity In Special Education, Kerrigan O'Malley

Law Student Publications

As a basic construct for recommending measures to correct the prevailing inequities in special education, this comment examines the de facto segregation impact IDEA stemming from the Supreme Court's interpretive rulings and from the Act's own enforcement norms. The analysis further identifies the equality compromising consequences of specific IDEA provisions and considers prospects for restoring equity to special needs service delivery in these areas, with a particular focus on tuition reimbursement for private school. Respecting the historical alignment of the law of race discrimination in education and the law of disability education rights, the analysis identifies inequities that ...


Rheumatoid Arthritis: Painful Motion Is Limited Motion, Tyler Crowe Jan 2016

Rheumatoid Arthritis: Painful Motion Is Limited Motion, Tyler Crowe

Law Student Publications

Reporting on Petitti v. McDonald, No. 13-3469, ____ Vet. App. ____ (October 28, 2015): The Court was asked to clarify what constitutes "painful motion" and what evidence the Board of Veterans’ Appeals must consider when making this determination.


There’S No Place Like Work: How Modern Technology Is Changing The Judiciary’S Approach To Work-At-Home Arrangements, As An Ada Accommodation,, Benjamin D. Johnson Jan 2015

There’S No Place Like Work: How Modern Technology Is Changing The Judiciary’S Approach To Work-At-Home Arrangements, As An Ada Accommodation,, Benjamin D. Johnson

Law Student Publications

This comment addresses the extent to which the evolving definition of the "workplace" has upset the courts' traditional approach to teleworking as a reasonable accommodation for disabled employees under the ADA and ultimately necessitated changes in the reasonable accommodation framework.


Social Security Disability Insurance And Supplemental Security Income, Jennifer L. Erkulwater Jan 2015

Social Security Disability Insurance And Supplemental Security Income, Jennifer L. Erkulwater

Political Science Faculty Publications

Social Security Disability Insurance (DI) and Supplemental Security Income (SSI) are the foundation of the social safety net for Americans with disabilities. Both provide cash benefits, and because neither program is limited to specific impairments or to workers in particular occupations, as is the case with many public and private disability plans, they are broadly accessible to the American people and the most expensive of the nation's disability benefit programs. Excluding expenditures for health care, DI and SSI combined account for almost three-quarters of annual federal spending on the disabled (U.S. GAO 1999).

Disability benefits policy, though, has ...


Traumatic Brain Injury And The Americans With Disabilities Act: Implications For The Social Work Profession, Dale Margolin Cecka Jan 2014

Traumatic Brain Injury And The Americans With Disabilities Act: Implications For The Social Work Profession, Dale Margolin Cecka

Law Faculty Publications

The practice of social work has been greatly affected by the Americans with Disabilities Act of 1990 (ADA). Title I of the statute prohibits discrimination against people with disabilities, including the increasing number of workers who are returning to work after a traumatic brain injury (TBI). This article examines the extent to which the ADA protects those with TBI from being harassed, being denied reasonable workplace accommodations, or suffering other adverse actions related to perceived discrimination. To do so, it relies on judicial decisions from U.S. federal courts involving alleged workplace discrimination of this population. Implications for social work ...


No Child Left Behind And Special Education: The Need For Change In Legislation That Is Still Leving Some Students Behind, Stephanie S. Fitzgerald Apr 2013

No Child Left Behind And Special Education: The Need For Change In Legislation That Is Still Leving Some Students Behind, Stephanie S. Fitzgerald

Law Student Publications

In four parts, this article focuses on NCLB’s negative impact on special education. Part II outlines the provisions of NCLB and examines the differences between NCLB and the Individuals with Disabilities Education Act (“IDEA”). Part III provides a detailed explanation of the existing scholarly opinions in support of, and in disagreement with, NCLB. Part IV discusses the current political landscape and NCLB’s pending reauthorization. Finally, Part V, based on an analysis of the issues plaguing the current system, suggests a solution to improve the existing relationship between special education and NCLB. Furthermore, Part V addresses the positive aspects ...


Whose Choice Are We Talking About: The Exclusion Of Students With Disabilities From For-Profit Online Charter Schools, Matthew D. Bernstein Jan 2013

Whose Choice Are We Talking About: The Exclusion Of Students With Disabilities From For-Profit Online Charter Schools, Matthew D. Bernstein

Richmond Journal of Law and the Public Interest

By examining the history of special education law against the emergence of the for-profit and online education movements, this paper explores the charter school movement from a consumer law perspective. It aims to explain why much of the current debate over test scores, "accountability," and teacher evaluation obscures other systemic fault lines that implicate the very reasons we have a public education system in the first place. In turn, the goal is to suggest solutions to some fundamental questions: in the twenty-first century, do we still need a public education system? What are our collective responsibilities to students? What does ...


Parents With Mental Disabilities: The Legal Landscape, Dale Margolin Cecka Jan 2013

Parents With Mental Disabilities: The Legal Landscape, Dale Margolin Cecka

Law Faculty Publications

The ADA, coupled with federal and state child welfare laws, provides broad brush strokes for advocates of parents with mental disabilities and their children. To effectuate parents’ rights, child welfare professionals must work with the parents themselves, as well as with other state departments, to form service plans that are tailored for the success of each individual family.


Whose Choice Are We Talking About: The Exclusion Of Students With Disabilities From For-Profit Online Charter Schools, Matthew D. Bernstein Jan 2013

Whose Choice Are We Talking About: The Exclusion Of Students With Disabilities From For-Profit Online Charter Schools, Matthew D. Bernstein

Richmond Public Interest Law Review

By examining the history of special education law against the emergence of the for-profit and online education movements, this paper explores the charter school movement from a consumer law perspective. It aims to explain why much of the current debate over test scores, "accountability," and teacher evaluation obscures other systemic fault lines that implicate the very reasons we have a public education system in the first place. In turn, the goal is to suggest solutions to some fundamental questions: in the twenty-first century, do we still need a public education system? What are our collective responsibilities to students? What does ...


Persons Affected By Traumatic Brain Injury In The Workplace; Implications For Employee Assistance Programs, Dale Margolin Cecka Jan 2012

Persons Affected By Traumatic Brain Injury In The Workplace; Implications For Employee Assistance Programs, Dale Margolin Cecka

Law Faculty Publications

Employee Assistance Programs often provide behavioral health services to employees. The article discusses issues related to employees affected by traumatic brain injury such as psychosocial challenges that may accompany reentry into the workplace. Strategies that employers may utilize to accommodate such challenges are presented. Implications for practitioners are explored within the context of the Americans with Disabilities Act, disability management, and human resources.


Jamming The Revolving Door: Legislative Setbacks For Mental Health Court Systems In Virginia, Sheila Moheb Jul 2010

Jamming The Revolving Door: Legislative Setbacks For Mental Health Court Systems In Virginia, Sheila Moheb

Law Student Publications

Part II of this comment will discuss the existing issues that effectuate the tension between the criminal justice system and mentally ill offenders, which provides important context to the debate surrounding the establishment of MHCs. Part III will examine the recent federal support for alternative approaches to handling mentally ill offenders and the different operational tactics implemented by existing MHC programs. Finally, Part IV will study the launch of Virginia’s first MHC in Norfolk, while exploring the latest legislative defeat in Virginia, Senate Bill 158 of the 2010 General Assembly, which sought to establish MHCs statewide.


Special Education Law, William H. Hurd, Stephen C. Piepgrass Nov 2009

Special Education Law, William H. Hurd, Stephen C. Piepgrass

University of Richmond Law Review

No abstract provided.


No Chance To Prove Themselves: The Rights Of Mentally Disabled Parents Under The Americans With Disabilities Act And State Law, Dale Margolin Cecka Jan 2007

No Chance To Prove Themselves: The Rights Of Mentally Disabled Parents Under The Americans With Disabilities Act And State Law, Dale Margolin Cecka

Law Faculty Publications

This article explores the relationship between state child welfare laws that terminate parental rights and the federal Americans with Disabilities Act (ADA). The article begins by analyzing the application of the ADA to termination of parental rights proceedings against parents with mental disabilities. It then surveys state child welfare laws, focusing on the treatment of parents under New York State law. The article concludes by advocating for a change to reflect the principles of the ADA in state laws and in practice.


Barriers To Accessible Housing: Enforcement Issues In "Design And Construction" Cases Under The Fair Housing Act, Robert G. Schwemm Mar 2006

Barriers To Accessible Housing: Enforcement Issues In "Design And Construction" Cases Under The Fair Housing Act, Robert G. Schwemm

University of Richmond Law Review

No abstract provided.


Through The Looking Glass: Judicial Deference To Academic Decision-Making, Douglas K. Rush Jan 2006

Through The Looking Glass: Judicial Deference To Academic Decision-Making, Douglas K. Rush

Richmond Journal of Law and the Public Interest

This paper will review the statutory mandates of Section 504 and the ADA and examine the extent to which courts are willing to defer to institutional decisions concerning program modifications to accommodate learning disabled students. Courts have long recognized that academic decision-makers are entitled to deference, especially when their decisions concern issues related to educational programs. Courts must be vigilant, however, to properly weigh their role as the enforcers of Congressional legislation against the judicial policy of deference to academic decisions. Section I of this article will review the federal statutory and regulatory frameworks governing disability accommodations as they relate ...


Through The Looking Glass: Judicial Deference To Academic Decision-Making, Douglas K. Rush Jan 2006

Through The Looking Glass: Judicial Deference To Academic Decision-Making, Douglas K. Rush

Richmond Public Interest Law Review

This paper will review the statutory mandates of Section 504 and the ADA and examine the extent to which courts are willing to defer to institutional decisions concerning program modifications to accommodate learning disabled students. Courts have long recognized that academic decision-makers are entitled to deference, especially when their decisions concern issues related to educational programs. Courts must be vigilant, however, to properly weigh their role as the enforcers of Congressional legislation against the judicial policy of deference to academic decisions. Section I of this article will review the federal statutory and regulatory frameworks governing disability accommodations as they relate ...


Raytheon V. Hernandez:The Americans With Disabilities Act And Its Effect On Neutral,Non-Discriminatory (Non) Hiring Policies Of Employers, Kendra Horger Jan 2005

Raytheon V. Hernandez:The Americans With Disabilities Act And Its Effect On Neutral,Non-Discriminatory (Non) Hiring Policies Of Employers, Kendra Horger

Richmond Public Interest Law Review

This casenote will examine the legislative history and background of the ADA, the case law following its passage, the procedural and substantive background of Raytheon, the Supreme Court's holding in Raytheon, and the impact thereof.


Raytheon V. Hernandez:The Americans With Disabilities Act And Its Effect On Neutral,Non-Discriminatory (Non) Hiring Policies Of Employers, Kendra Horger Jan 2005

Raytheon V. Hernandez:The Americans With Disabilities Act And Its Effect On Neutral,Non-Discriminatory (Non) Hiring Policies Of Employers, Kendra Horger

Richmond Journal of Law and the Public Interest

This casenote will examine the legislative history and background of the ADA, the case law following its passage, the procedural and substantive background of Raytheon, the Supreme Court's holding in Raytheon, and the impact thereof.


Atkins V. Virginia: The Court's Failure To Recognize What Lies Beneath, Jaime L. Henshaw May 2003

Atkins V. Virginia: The Court's Failure To Recognize What Lies Beneath, Jaime L. Henshaw

University of Richmond Law Review

No abstract provided.


Education Law, D. Patrick Lacy Jr., Kathleen S. Mehfoud Nov 2002

Education Law, D. Patrick Lacy Jr., Kathleen S. Mehfoud

University of Richmond Law Review

No abstract provided.


Health Care Law, Peter M. Mellette, Emily W. G. Towey, J. Vaden Hunt Nov 2002

Health Care Law, Peter M. Mellette, Emily W. G. Towey, J. Vaden Hunt

University of Richmond Law Review

No abstract provided.


The Judicial Transformation Of Social Security Disability: The Case Of Mental Disorders And Childhood Disability, Jennifer L. Erkulwater Jan 2002

The Judicial Transformation Of Social Security Disability: The Case Of Mental Disorders And Childhood Disability, Jennifer L. Erkulwater

Political Science Faculty Publications

A full account of the judicial influence on Social Security disability programs would require a book-length, perhaps even encyclopedia-length, treatise and would take us far afield from our present concern. This article focuses narrowly on the activities of Legal Services attorneys, mental health reformers, and children's advocates. Although mental health reformer groups are only one of many antipoverty organizations involved in advocacy efforts on behalf of the disabled poor, they have been among the most persistent, the most active, and the most successful in using a litigation strategy to achieve their larger policy goals. According to one Social Security ...


Giving New Meaning To "Handicap": The Americans With Disabilities Act And Its Uneasy Relationship With Professional Sports In Pga Tour, Inc. V. Martin, William E. Spruill Jan 2001

Giving New Meaning To "Handicap": The Americans With Disabilities Act And Its Uneasy Relationship With Professional Sports In Pga Tour, Inc. V. Martin, William E. Spruill

University of Richmond Law Review

Imagine that an all-star batter for the New York Yankees had a circulatory disease that made it difficult and painful for him to run. Would Major League Baseball be forced to permit a designated base runner to run for the disabled batter starting from home plate? Consider Jim Abbott, the successful major league pitcher who was born without a right arm. Under the Americans With Disabilities Act ("ADA"), could Abbott, who pitched well for many years in the American League, which has the designated hitter rule, force the National League, which does not, to exempt him from its batting requirement ...


Americans With Disabilities Act: Dispelling The Myths. A Practical Guide To Eeoc's Voodoo Civil Rights And Wrongs, Charles D. Goldman Jan 1992

Americans With Disabilities Act: Dispelling The Myths. A Practical Guide To Eeoc's Voodoo Civil Rights And Wrongs, Charles D. Goldman

University of Richmond Law Review

The time is at hand for reality to replace expectation as the employment provisions of the federal mandate not to discriminate against qualified individuals with disabilities, the Americans with Disabilities Act (the "ADA"), are now the law of the land. A new era of rights, responsibilities, and opportunities dawned for private and governmental employers, and disabled persons when the rules of the United States Equal Employment Opportunity Commission ("EEOC") went into effect on July 26, 1992. A practical, common sense utilization of institutional solutions complemented by individualized applications, not ad hoc reactions, is essential. Other- wise employers' worst fears will ...


University Of Richmond Law Review Jan 1988

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.


Annual Survey Of Virginia Law: Handicap Law, Donald H. Stone Jan 1988

Annual Survey Of Virginia Law: Handicap Law, Donald H. Stone

University of Richmond Law Review

Disabled persons represent approximately fifteen percent of the population of the United States, making this minority group one of the largest in American society. In Virginia, it is estimated that there are 750,000 disabled persons. Most of these people are dependent upon some form of governmental services ranging from state funded residential placement to more subtle accommodation such as a wheelchair ramp to provide access to public buildings. The degree to which handicapped citizens are integrated into the mainstream of society depends upon the availability of these services and the implementation of laws insuring access to them.


"Arbeit Macht Frei:" Vocational Rehabilitation And The Release Of Virginia's Criminally Insane, Daryl B. Matthews, Patrick J. Coyne Jan 1982

"Arbeit Macht Frei:" Vocational Rehabilitation And The Release Of Virginia's Criminally Insane, Daryl B. Matthews, Patrick J. Coyne

University of Richmond Law Review

The release from confinement of persons acquitted by reason of insanity is one of the most perplexing problems of the criminal law. The insanity acquittee's release confronts our deepest fears, and the procedures which society employes in this process force us to face the difficult and often intractable issue of the responsibility of the criminally insane.


Note: Enforcing The Right To An "Appropriate" Education: The Education For All Handicapped Children Act Of 1975, John G. Douglass Jan 1979

Note: Enforcing The Right To An "Appropriate" Education: The Education For All Handicapped Children Act Of 1975, John G. Douglass

Law Faculty Publications

Congress passed the Education for All Handicapped Children Act of 197 in response to the need for increased funding brought about by the widespread recognition by courts and state legislatures of the right of handicapped children to an adequate education. Although the Act sets forth general requirements states must meet in order to qualify for receipt of federal funds, it does not prescribe the specific educational programs local schools must make available in order to fulfill those requirements. Instead, the heart of the federal control mechanism is a system of procedural .safeguards which provides for parental involvement in educational placement ...