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Articles 1 - 12 of 12
Full-Text Articles in Disability Law
Book Review Of Unspeakable: The Story Of Junius Wilson, Michael Ashley Stein, Aviam Soifer
Book Review Of Unspeakable: The Story Of Junius Wilson, Michael Ashley Stein, Aviam Soifer
Faculty Publications
No abstract provided.
Disabling Prejudice, Michael E. Waterstone, Michael Ashley Stein
Disabling Prejudice, Michael E. Waterstone, Michael Ashley Stein
Faculty Publications
No abstract provided.
Who Says You're Disabled? The Role Of Medical Evidence In The Ada Definition Of Disability, Deirdre M. Smith
Who Says You're Disabled? The Role Of Medical Evidence In The Ada Definition Of Disability, Deirdre M. Smith
Faculty Publications
The Americans with Disabilities Act (ADA), enacted by Congress seventeen years ago, offered disabled people a hope of equality and access that has not been fulfilled. 1 Court decisions halt an overwhelming majority of claims, particularly in the employment context, at the summary judgment stage. 2 A key mechanism for fencing out disabled people's claims is the pernicious requirement, based upon the very construction of disability that the ADA's proponents aimed to dispel, that medical evidence is required as a threshold matter to demonstrate that the plaintiff is entitled to seek protection under the statute. 3 The medical evidence requirement …
Disability And The Social Contract, Anita Silvers, Michael Ashley Stein
Disability And The Social Contract, Anita Silvers, Michael Ashley Stein
Faculty Publications
No abstract provided.
Disability And Employment Discrimination At The Rehnquist Court, Anita Silvers, Michael E. Waterstone, Michael Ashley Stein
Disability And Employment Discrimination At The Rehnquist Court, Anita Silvers, Michael E. Waterstone, Michael Ashley Stein
Faculty Publications
No abstract provided.
Disability, Disparate Impact, And Class Actions, Michael Ashley Stein, Michael E. Waterstone
Disability, Disparate Impact, And Class Actions, Michael Ashley Stein, Michael E. Waterstone
Faculty Publications
Following Title VII's enactment, group-based employment discrimination actions flourished due to disparate impact theory and the class action device. Courts recognized that subordination that defined a group's social identity was also sufficient legally to bind members together, even when relief had to be issued individually. Woven through these cases was a notion of panethnicity that united inherently unrelated groups into a common identity, for example, Asian Americans. Stringent judicial interpretation subsequently eroded both legal frameworks and it has become increasingly difficult to assert collective employment actions, even against discriminatory practices affecting an entire group. This deconstruction has immensely disadvantaged persons …
Beyond Breimhorst: Appropriate Accommodation Of Students With Learning Disabilities On The Sat, Nancy Leong
Beyond Breimhorst: Appropriate Accommodation Of Students With Learning Disabilities On The Sat, Nancy Leong
Faculty Publications
No abstract provided.
Under The Empirical Radar: An Initial Expressive Law Analysis Of The Ada, Michael Ashley Stein
Under The Empirical Radar: An Initial Expressive Law Analysis Of The Ada, Michael Ashley Stein
Faculty Publications
No abstract provided.
Book Review Of Anti-Discrimination Law And The European Union, Michael Ashley Stein
Book Review Of Anti-Discrimination Law And The European Union, Michael Ashley Stein
Faculty Publications
No abstract provided.
Disability, Equal Protection, And The Supreme Court: Standing At The Crossroads Of Progressive And Retrogressive Logic In Constitutional Classification, Anita Silvers, Michael Ashley Stein
Disability, Equal Protection, And The Supreme Court: Standing At The Crossroads Of Progressive And Retrogressive Logic In Constitutional Classification, Anita Silvers, Michael Ashley Stein
Faculty Publications
This Article compares current disability jurisprudence with the development of sex equality jurisprudence in the area of discrimination. It demonstrates that current disability law resembles the abandoned, sexist framework for determining sex equality and argues that disability equality cases should receive similar analysis as the more progressive, current sex equality standard. As such, the Article attempts to synthesize case law (l4th Amendment Equal Protection jurisprudence) and statutory law (Title VII and the ADA) into a comprehensive overview of the state of current disability law viewed within the context of discrimination law in general.
From Crippled To Disabled: The Legal Empowerment Of Americans With Disabilities, Michael Ashley Stein
From Crippled To Disabled: The Legal Empowerment Of Americans With Disabilities, Michael Ashley Stein
Faculty Publications
No abstract provided.
Attitudinal Barriers To Hiring Attorneys With Disabilities, Michael Ashley Stein
Attitudinal Barriers To Hiring Attorneys With Disabilities, Michael Ashley Stein
Faculty Publications
No abstract provided.