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Articles 1 - 7 of 7
Full-Text Articles in Disability Law
Still Kickin’ After All These Years: Sutton And Toyota As Shadow Precedents, Deborah A. Widiss
Still Kickin’ After All These Years: Sutton And Toyota As Shadow Precedents, Deborah A. Widiss
Articles by Maurer Faculty
Congress’s ability to override judicial opinions that interpret statutes is generally understood as an important aspect of maintaining legislative supremacy. In a series of articles, I have challenged the validity of this assumption by showing that courts often continue to rely on overridden precedents—what I have called shadow precedents. My earlier work explores instances in which it was unclear or debatable whether the override or the prior precedent should control. This article further documents such ambiguities, but its primary objective is to highlight examples of ongoing reliance on shadow precedents where it is unquestionably improper. It suggests, however, that citation …
Gilbert Redux: The Interaction Of The Pregnancy Discrimination Act And The Amended Americans With Disabilities Act, Deborah Widiss
Gilbert Redux: The Interaction Of The Pregnancy Discrimination Act And The Amended Americans With Disabilities Act, Deborah Widiss
Articles by Maurer Faculty
Pregnancy — a health condition that only affects women — raises complicated questions regarding the interaction of employment policies addressing sex discrimination and those addressing disability. The Pregnancy Discrimination Act (PDA), enacted in 1978, mandates that employers “shall” treat pregnant employees “the same for all employment-related purposes” as other employees “similar in their ability or inability to work.” Despite the clarity of this language, some courts permit employers to treat pregnant employees less favorably than employees with other health conditions, so long as the employer does so pursuant to a “pregnancy-blind” policy such as accommodating only workplace injuries or disabilities …
A Disability By Any Other Name Is Still A Disability: Log Cabin, The Disability Spectrum, And The Ada (Aa), Gabrielle L. Goodwin
A Disability By Any Other Name Is Still A Disability: Log Cabin, The Disability Spectrum, And The Ada (Aa), Gabrielle L. Goodwin
Articles by Maurer Faculty
In EEOC v. Lee's Log Cabin, the Seventh Circuit followed the Supreme Court precedent of the last decade that has increasingly narrowed the determination of what constitutes a disabled individual under the Americans with Disabilities Act. In 2008, Congress passed the ADA Amendments Act in an attempt to restore the ADA to its original purpose and the original vision of the ADA's drafters and supporters. Whether these amendments will produce dramatic changes in the way the administrative agencies and courts apply the ADA remains to be seen. Nonetheless, the only way the ADA or its amendments will successfully protect against …
The Effect Of Representation In Nonadversary Proceedings -- A Study Of Three Disability Programs, William D. Popkin
The Effect Of Representation In Nonadversary Proceedings -- A Study Of Three Disability Programs, William D. Popkin
Articles by Maurer Faculty
No abstract provided.
Effectiveness Of The Social Security Review System In Disability Cases, William D. Popkin
Effectiveness Of The Social Security Review System In Disability Cases, William D. Popkin
Articles by Maurer Faculty
No abstract provided.
Proposed Procedure For Administering Heart Cases Under The Washington Industrial Insurance Act, Ivan C. Rutledge
Proposed Procedure For Administering Heart Cases Under The Washington Industrial Insurance Act, Ivan C. Rutledge
Articles by Maurer Faculty
No abstract provided.
Book Review. Vernier, C. G., American Family Laws, Vol. 5: Incompetents And Dependents, Ralph F. Fuchs
Book Review. Vernier, C. G., American Family Laws, Vol. 5: Incompetents And Dependents, Ralph F. Fuchs
Articles by Maurer Faculty
No abstract provided.