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Disability Law Commons

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Washington University in St. Louis

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Articles 1 - 26 of 26

Full-Text Articles in Disability Law

The New Chinese Mental Health Laws, Zhiyuan Guo, Floyd Feeney Jan 2018

The New Chinese Mental Health Laws, Zhiyuan Guo, Floyd Feeney

Washington University Global Studies Law Review

The United Nations Convention on the Rights of Persons with Disabilities is by far the most important international agreement yet developed concerning the mentally disabled. China adopted this Convention in 2008. In 2012 China went further—making major changes in the way that China deals with mental health issues in both its criminal and its civil law. Coming first was a new Criminal Procedure Code that adds a whole new dimension to the way that China deals with the mentally ill who are charged with crimes. Equally important was the new civil mental disabilities law that China adopted later in ...


Waiting To Be Heard: Fairness, Legal Rights, And Injustices The Deaf Community Faces In Our Modern, Technological World, Justin Chavez Jan 2018

Waiting To Be Heard: Fairness, Legal Rights, And Injustices The Deaf Community Faces In Our Modern, Technological World, Justin Chavez

Washington University Global Studies Law Review

This note will examine the existing access to legal aid, employment, recourse, and education in various deaf cultures and societies. The goal is a comparative study into how the DHH communities are accepted, valued, and prioritized in different countries, and how that translates into legal infrastructure, in the form of governmentally-mandated statues, regulations, public accommodations, and legal education. This will consist of a brief history into the recognition, labeling, and acceptance of deaf citizens in ancient and modern cultures, the path to a society’s awareness and eventual recognition of deaf citizens, and how the various levels of awareness differ ...


Providing Accommodations For Prisoners In South Africa's Correctional Centres: A Constitutional Contradiction?, Megan Gabbard Bruyns Jan 2017

Providing Accommodations For Prisoners In South Africa's Correctional Centres: A Constitutional Contradiction?, Megan Gabbard Bruyns

Washington University Global Studies Law Review

No abstract provided.


Young V. United Parcel Service, Inc.: Mcdonnell Douglas To The Rescue?, William R. Corbett Jan 2015

Young V. United Parcel Service, Inc.: Mcdonnell Douglas To The Rescue?, William R. Corbett

Washington University Law Review

The Pregnancy Discrimination Act of 1978 can be interpreted in two obvious ways: one interpretation requires employers to make reasonable accommodations for pregnant employees, and the other does not require such accommodations. In Young v. United Parcel Service, Inc., the Supreme Court held that in some cases employees may be able to prove intentional pregnancy discrimination based on an employer’s failure to make accommodations for the pregnant employee when the employer makes accommodations for other disabled employees. Rather than reaching this result by interpreting the statute to require reasonable accommodations, however, the Court held that plaintiffs with “indirect evidence ...


Sweet Dreams Aren't Made Of These: How The Va's Disability Compensation Program Leaves Veterans Alone In The Nightmare Of Posttraumatic Stress Disorder, Alexandra S. Haar Jan 2011

Sweet Dreams Aren't Made Of These: How The Va's Disability Compensation Program Leaves Veterans Alone In The Nightmare Of Posttraumatic Stress Disorder, Alexandra S. Haar

Washington University Law Review

No abstract provided.


How The Biological/Social Divide Limits Disability And Equality, Martha T. Mccluskey Jan 2010

How The Biological/Social Divide Limits Disability And Equality, Martha T. Mccluskey

Washington University Journal of Law & Policy

If race and gender remain the most valuable currency of identity, Martha McCluskey’s Article intervenes to introduce other emergent categories. Her contribution, How the Biological/Social Divide Limits Disability and Equality, unpacks and criticizes the trajectory along which identity claims are expanding. She uncovers implicit rankings of race, gender, and disability operative in equality jurisprudence, showing how these rankings are reversed under formal and substantive equality models. Next, delving into the struggle for disability justice, she introduces and compares medical and social construction models of disability. Her Article contrasts how law defines disability under workers' compensation rules versus the ...


All In Your Head: A Comprehensive Approach To Somatoform Disorders In Adult Disability Claims, Gregory C. Flatt Jan 2010

All In Your Head: A Comprehensive Approach To Somatoform Disorders In Adult Disability Claims, Gregory C. Flatt

Washington University Law Review

No abstract provided.


Before Its Time: Public Perception Of Disability Rights, The Americans With Disabilities Act, And The Future Of Access And Accommodation, Mary Johnson Jan 2007

Before Its Time: Public Perception Of Disability Rights, The Americans With Disabilities Act, And The Future Of Access And Accommodation, Mary Johnson

Washington University Journal of Law & Policy

The ADA is not only a law in which economic considerations were allowed to determine civil rights, it was also a major rights law passed with virtually no public scrutiny. After its passage, anti-disability rights groups quickly moved to weaken its protections by publicly ridiculing its provisions. Unlike other civil rights laws, the ADA defined those who were to be granted its protections, and opponents focused on this, taking aim at those they felt did not deserve its protections. The concepts underlying disability rights were not widely understood by the public, and as ADA cases came before judges it was ...


A New Start On The Road Not Taken: Driving With Lane To Head Off Disability-Based Denials Of Rights, Anita Silvers, Leslie Pickering Francis Jan 2007

A New Start On The Road Not Taken: Driving With Lane To Head Off Disability-Based Denials Of Rights, Anita Silvers, Leslie Pickering Francis

Washington University Journal of Law & Policy

In this Essay, our ultimate goal is to demonstrate how advocates for the civil rights of people with disabilities can use Lane to construct a successful rights-based strategy. In doing so, we will show that Lane embarks upon a palpable and promising (but yet to be explicitly announced) rights-based standard to which important kinds of differential treatment of people with disabilities should be held. This strategy maps the way for legal thinking about disability discrimination to return from the wrong road down which Cleburne drove the national effort to achieve integration for people with disabilities. Our approach deflects disability discrimination ...


The Legal Genealogy Of The Duty To Accommodate American And Canadian Workers With Disabilities: A Comparative Perspective, Ravi Malhotra Jan 2007

The Legal Genealogy Of The Duty To Accommodate American And Canadian Workers With Disabilities: A Comparative Perspective, Ravi Malhotra

Washington University Journal of Law & Policy

In this Essay, I seek to analyze the origins of the duty to accommodate people with disabilities in Canadian law in order to present a counter-factual argument on why the duty to accommodate has not flourished in American law. Comparative legal approaches have the merit of shedding fresh light on old legal problems that might not otherwise be considered. In Part I, I trace the history of the concept of reasonable accommodation in leading Supreme Court of Canada decisions, and demonstrate how accommodation of workers with religious beliefs remained central to the development of the jurisprudence and helped make decision-makers ...


Tackling Disability Discrimination In The United Kingdom: The British Disability Discrimination Act, Charlotte Pearson, Nick Watson Jan 2007

Tackling Disability Discrimination In The United Kingdom: The British Disability Discrimination Act, Charlotte Pearson, Nick Watson

Washington University Journal of Law & Policy

The social position of disabled people in the United Kingdom, as elsewhere in the developed world, has changed dramatically in the past twenty years. Disabled people are no longer forced into confinement in long-term institutions, increasingly more disabled children are being educated in mainstream schools, and employment rates for disabled people are rising. Despite these improvements there is still considerable evidence to suggest that disabled people in the United Kingdom are subjected to discrimination. This Essay provides an overview of the development of disability discrimination legislation in the United Kingdom over the past two decades. While highlighting early attempts to ...


The Child Medication Safety Act: Special Treatment For The Parents Of Children With Adhd?, Emily Berntsen Jan 2005

The Child Medication Safety Act: Special Treatment For The Parents Of Children With Adhd?, Emily Berntsen

Washington University Law Review

No abstract provided.


The Fourth “R”: Sustaining The Ada's Private “Right” Of Action Against States For Disability Discrimination In Public Education, Matthew P. Hampton Jan 2005

The Fourth “R”: Sustaining The Ada's Private “Right” Of Action Against States For Disability Discrimination In Public Education, Matthew P. Hampton

Washington University Law Review

No abstract provided.


Causation In Retaliation Claims: Conflict Between The Prima Facie Case And The Plaintiff's Ultimate Burden Of Pretext, Rhea Gertken Jan 2003

Causation In Retaliation Claims: Conflict Between The Prima Facie Case And The Plaintiff's Ultimate Burden Of Pretext, Rhea Gertken

Washington University Law Review

No abstract provided.


Using Established Medical Criteria To Define Disability: A Proposal To Amend The Americans With Disabilities Act, Mark A. Rothstein, Serge A. Martinez, W. Paul Mckinney Jan 2002

Using Established Medical Criteria To Define Disability: A Proposal To Amend The Americans With Disabilities Act, Mark A. Rothstein, Serge A. Martinez, W. Paul Mckinney

Washington University Law Review

Part II of this Article traces the legislative history of the coverage provision of the ADA and of its predecessor statute, the Rehabilitation Act of 1973. It also explores the conceptual underpinnings of the statutory scheme of attempting to cover only individuals with severe disabilities. Part III analyzes the major cases involving coverage under the ADA, including the trilogy of 1999 Supreme Court cases. It traces the consequences of the Court’s decisions as reflected in the subsequent lower court decisions and their devastating effects on individuals with disabilities. Part IV contains a proposed amendment to the ADA to clarify ...


Foster Care And The “Significant Risk” Of Aids: Applying The Direct Threat Exception To The Americans With Disabilities Act And The Rehabilitation Act In Doe V. County Of Centre, Annie O. Wu Jan 2001

Foster Care And The “Significant Risk” Of Aids: Applying The Direct Threat Exception To The Americans With Disabilities Act And The Rehabilitation Act In Doe V. County Of Centre, Annie O. Wu

Washington University Law Review

No abstract provided.


A Conceptual Framework For Genetic Policy: Comparing The Medical, Public Health, And Fundamental Rights Models, Lori B. Andrews Jan 2001

A Conceptual Framework For Genetic Policy: Comparing The Medical, Public Health, And Fundamental Rights Models, Lori B. Andrews

Washington University Law Review

This Article presents the first attempt to develop a comprehensive legal framework governing the regulation of genetic information in the United States. Part II addresses the need for such legal framework. Part III analyzes three conceptual legal models that have been adopted in the past for regulating medical services: the medical model, the public health model, and the fundamental rights model. Part IV examines the results of medical and social scientific studies on the impact of genetic services. Part V addresses the impact of genetic services. Part VI revisits the three models to determine which is appropriate for genetics. Part ...


The Collateral Source Rule And State-Provided Special Education And Therapy, Richard C. Witzel Jr. Jan 1997

The Collateral Source Rule And State-Provided Special Education And Therapy, Richard C. Witzel Jr.

Washington University Law Review

No abstract provided.


Will The Interaction Of The Family And Medical Leave Act And The Americans With Disabilities Act Leave Employees With An “Undue Hardship”?, Lisa J. Gitnik Jan 1996

Will The Interaction Of The Family And Medical Leave Act And The Americans With Disabilities Act Leave Employees With An “Undue Hardship”?, Lisa J. Gitnik

Washington University Law Review

No abstract provided.


Disabling Employers: Problems With The Ada's Confidentiality Requirement In Unionized Workplaces, Jessica Zeldin Jan 1995

Disabling Employers: Problems With The Ada's Confidentiality Requirement In Unionized Workplaces, Jessica Zeldin

Washington University Law Review

No abstract provided.


Expanding The Protection Of Aids Victims Under The Federal Rehabilitation Act: Unifying The Views Of Courts And The Department Of Justice, Gail Bass Jan 1989

Expanding The Protection Of Aids Victims Under The Federal Rehabilitation Act: Unifying The Views Of Courts And The Department Of Justice, Gail Bass

Washington University Law Review

No abstract provided.


Resolving Placement And Financing Disputes Under The Education For All Handicapped Children Act Of 1975, David E. Schoenfeld Jan 1985

Resolving Placement And Financing Disputes Under The Education For All Handicapped Children Act Of 1975, David E. Schoenfeld

Washington University Law Review

No abstract provided.


Representation And Advocacy At Non-Adversary Hearings: The Need For Non-Adversary Representatives At Social Security Disability Hearings, Frank S. Bloch Jan 1981

Representation And Advocacy At Non-Adversary Hearings: The Need For Non-Adversary Representatives At Social Security Disability Hearings, Frank S. Bloch

Washington University Law Review

The use of independent non-adversary representatives responsible for development and presentation of all relevant evidence and issues would resolve most of the deficiencies in the hearing stage of the present Social Security process, including those resulting from deficiencies in the prehearing stages. Administrative law judges would be relieved of unmanageable responsibilities and the hearing would be conducted fairly and on a complete record without undermining the advantages of a non-adversary system or incurring the cost of instituting truly adversary proceedings.


Special Problems Of The Deaf Under The Education For All Handicapped Children Act Of 1975, Donald W. Large Jan 1980

Special Problems Of The Deaf Under The Education For All Handicapped Children Act Of 1975, Donald W. Large

Washington University Law Review

With the benefit of these years of hindsight, the purpose of this Article is fourfold: (1) To explore the anticipated problems of the Act's implementation and to show that several problems have been more severe than was predicted by most writers. (2) To analyze the Act's basic assumption regarding placement of handicapped children as nearly as possible in a "normal" situationcommonly known as "mainstreaming"-and to show that, in many situations, that assumption has proven to be more harmful than helpful. (3) To distinguish between types of handicaps, showing how the Act-by not distinguishing between types of handicaps-produces ...


Hew Proposed Policy On The Protection Of Human Subjects: Experimentation And The Institutionalized Mentally Disabled Jan 1975

Hew Proposed Policy On The Protection Of Human Subjects: Experimentation And The Institutionalized Mentally Disabled

Washington University Law Review

No abstract provided.


Workmen’S Compensation: Compensability Of Psychological Disability Precipitated By Psychological Trauma, Wolfe V. Sibley, Lindsay & Curr Co., 330 N.E.2d 603 (1975) Jan 1975

Workmen’S Compensation: Compensability Of Psychological Disability Precipitated By Psychological Trauma, Wolfe V. Sibley, Lindsay & Curr Co., 330 N.E.2d 603 (1975)

Washington University Law Review

No abstract provided.