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Disability Law Commons

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Articles 1 - 30 of 39

Full-Text Articles in Disability Law

“Appropriate” Decisions Under The Individuals With Disabilities Education Act, Perry A. Zirkel Nov 2013

“Appropriate” Decisions Under The Individuals With Disabilities Education Act, Perry A. Zirkel

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Adjudicative Remedies For Denials Of Fape Under The Idea, Perry A. Zirkel Nov 2013

Adjudicative Remedies For Denials Of Fape Under The Idea, Perry A. Zirkel

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Statement Of The Association Of Administrative Law Judges: Committee On Ways And Means, Subcommittee On Social Security, D. Randall Frye Nov 2013

Statement Of The Association Of Administrative Law Judges: Committee On Ways And Means, Subcommittee On Social Security, D. Randall Frye

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Suspension Of Social Security Benefits To Incarcerated Felons, David Z. Nisnewitz Apr 2013

Suspension Of Social Security Benefits To Incarcerated Felons, David Z. Nisnewitz

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


The Disabled And Work: Some Problems Raised And Highlighted By The Americans With Disabilities Act Of 1990, Peter M. Panken Apr 2013

The Disabled And Work: Some Problems Raised And Highlighted By The Americans With Disabilities Act Of 1990, Peter M. Panken

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Americans With Disabilities Act Of 1990, Robert B. Fitzpatrick Apr 2013

Americans With Disabilities Act Of 1990, Robert B. Fitzpatrick

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Practical Tips For Employers For Compliance With The Ada , Patrick L. Clancy Apr 2013

Practical Tips For Employers For Compliance With The Ada , Patrick L. Clancy

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


The Evolution And Role Of The Administrative Law Judge At The Office Of Hearings And Appeals In The Social Security Administration, Charles N. Bono Apr 2013

The Evolution And Role Of The Administrative Law Judge At The Office Of Hearings And Appeals In The Social Security Administration, Charles N. Bono

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Note: Flatford V. Chater: No Absolute Due Process Right To Subpoena A Physician Providing Post-Hearing Evidence At A Social Security Disability Hearing, James L. Hoyle Apr 2013

Note: Flatford V. Chater: No Absolute Due Process Right To Subpoena A Physician Providing Post-Hearing Evidence At A Social Security Disability Hearing, James L. Hoyle

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Note: Bush V. Shalala And Pratts V. Chater: Social Security Disability Ping Pong And Contrasting Approaches In The Second Circuit: The Central Role Of An Active Alj, Jorge J. Vera Jr. Apr 2013

Note: Bush V. Shalala And Pratts V. Chater: Social Security Disability Ping Pong And Contrasting Approaches In The Second Circuit: The Central Role Of An Active Alj, Jorge J. Vera Jr.

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Beyond The Threshold: Wincing At Social Security's Process Of Evaluating Pain , David J. Agatstein Apr 2013

Beyond The Threshold: Wincing At Social Security's Process Of Evaluating Pain , David J. Agatstein

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Alcoholism As A Disability Under The Social Security Act - An Analysis Of The History, And Proposals For Change, Joyce Krutick Barlow Apr 2013

Alcoholism As A Disability Under The Social Security Act - An Analysis Of The History, And Proposals For Change, Joyce Krutick Barlow

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Vocational Testimony In Social Security Hearings, Daniel F. Solomon Apr 2013

Vocational Testimony In Social Security Hearings, Daniel F. Solomon

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


A Reflection On The Future Of Administrative Adjudication As Seen From An Examination Of The Status Of Social Security Disability Adjudications, Delois Toins Leapheart Apr 2013

A Reflection On The Future Of Administrative Adjudication As Seen From An Examination Of The Status Of Social Security Disability Adjudications, Delois Toins Leapheart

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Book Reviews, David J. Agatstein Apr 2013

Book Reviews, David J. Agatstein

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


The Right To Cross-Examine Physicians In Social Security Disability Cases, Victor G. Rosenblum Apr 2013

The Right To Cross-Examine Physicians In Social Security Disability Cases, Victor G. Rosenblum

Journal of the National Association of Administrative Law Judiciary

This Article examines the alternative readings and rationales of Richardson v. Perales regarding the cross-examination of reporting physicians in social security disability claim hearings. First, Part II compares the Sixth and Second Circuit's interpretation of the Perales rule, which supports the SSA's regulation and interpretation, to the Fifth Circuit's interpretation, which explicitly proclaims cross-examination, once duly requested, to be an absolute right. Part III questions whether the Perales Court's declaration that the SSA is “an [impartial] adjudicator and not . . . an advocate or adversary” remains empirically valid. Part IV discusses the SSA's recent assertions of management prerogatives that …


A Specialized Court For Social Security? A Critique Of Recent Proposals, Robert E. Rains Apr 2013

A Specialized Court For Social Security? A Critique Of Recent Proposals, Robert E. Rains

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Aids, Employment And The Law, American Bar Association; Aids Coordinating Committee Apr 2013

Aids, Employment And The Law, American Bar Association; Aids Coordinating Committee

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Legal Implications Of Substance Abuse Testing In The Workplace, Michael S. Cecere, Phillip B. Rosen Apr 2013

Legal Implications Of Substance Abuse Testing In The Workplace, Michael S. Cecere, Phillip B. Rosen

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Was The Third Circuit Off Base In Failing To Accord Chevron Deference To Social Security Administration's Interpretation Of The Statute's Definition Of Disability?, Victor G. Rosenblum Apr 2013

Was The Third Circuit Off Base In Failing To Accord Chevron Deference To Social Security Administration's Interpretation Of The Statute's Definition Of Disability?, Victor G. Rosenblum

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Paternalistic Discrimination: The Chevron Deference Misplaced In Chevron U.S.A., Inc. V. Echazabal, Tricia M. Patterson Apr 2013

Paternalistic Discrimination: The Chevron Deference Misplaced In Chevron U.S.A., Inc. V. Echazabal, Tricia M. Patterson

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Procedures And Remedies Under Section 504 And The Ada For Public School Children With Disabilities, Mark C. Weber Apr 2013

Procedures And Remedies Under Section 504 And The Ada For Public School Children With Disabilities, Mark C. Weber

Journal of the National Association of Administrative Law Judiciary

Much has been written about procedures and remedies under the Individuals with Disabilities Education Act, but few scholars have explored procedural rights and corresponding mechanisms of administrative and judicial relief for victims of public schools' violations of children's rights under section 504 of the Rehabilitation Act of 1973 and title II of the Americans with Disabilities Act. This paper will discuss the administrative procedures that must be followed in hearings regarding complaints of violations of those laws by public school districts and the relief that hearing officers and courts may provide. It will begin with an update on developments regarding …


The Helter Skelter World Of Idea Eligibility For Specific Learning Disability: The Clash Of Response-To-Intervention And Child Find Requirements, Torin D. Togut, Jennifer E. Nix Apr 2013

The Helter Skelter World Of Idea Eligibility For Specific Learning Disability: The Clash Of Response-To-Intervention And Child Find Requirements, Torin D. Togut, Jennifer E. Nix

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


It's Time For An Alternative Dispute Resolution Procedure, S. James Rosenfeld Apr 2013

It's Time For An Alternative Dispute Resolution Procedure, S. James Rosenfeld

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Disabled Students' Rights Of Access To Charter Schools Under The Idea, Section 504 And The Ada, Robert A. Garda Jr. Apr 2013

Disabled Students' Rights Of Access To Charter Schools Under The Idea, Section 504 And The Ada, Robert A. Garda Jr.

Journal of the National Association of Administrative Law Judiciary

Charter schools are under increasing attack for denying admission to disabled students. But traditional schools also turn away disabled students, often preventing them from attending schools in their neighborhood or within their district. This Article discusses when a school is permitted under federal disability law to deny admission to a disabled student. After nearly four decades of special education jurisprudence and regulatory guidance, the circumstances under which a student with a disability may be denied admission to a particular school are still remarkably unclear. This Article first discusses the ‘zero-reject‘ principle underlying the Individuals with Disabilities Education Act and concludes …


California Hearing Officer Decisions, Ruth Colker Apr 2013

California Hearing Officer Decisions, Ruth Colker

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


School Districts And Families Under The Idea: Collaborative In Theory, Adversarial In Fact, Debra Chopp Apr 2013

School Districts And Families Under The Idea: Collaborative In Theory, Adversarial In Fact, Debra Chopp

Journal of the National Association of Administrative Law Judiciary

This article highlights the myriad forces that impede the realization of the IDEA's goals. Part II gives an overview of the history of special education and the special education process under the IDEA, particularly as it relates to the cooperative development of an individualized education program (IEP) for a disabled child. Part III examines features of the special education process that operate to the systematic detriment of parents, particularly low-income parents, and prevent them from securing an “appropriate education” for their children. What Part III does is assemble these critiques and add one that has not received attention: the ability …


Tobacco Abuse And Disability Benefits: Response To The 2003 Meisburg Analysis, Kathryn A. Kroggel Apr 2013

Tobacco Abuse And Disability Benefits: Response To The 2003 Meisburg Analysis, Kathryn A. Kroggel

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Have The Amendments To The Individuals With Disabilities Education Act Razed Rowley And Raised The Substantive Standard For "Free Appropriate Public Education?", Perry A. Zirkel Apr 2013

Have The Amendments To The Individuals With Disabilities Education Act Razed Rowley And Raised The Substantive Standard For "Free Appropriate Public Education?", Perry A. Zirkel

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Toward A Unified And Reciprocal Disability System, Paul Armstrong Apr 2013

Toward A Unified And Reciprocal Disability System, Paul Armstrong

Journal of the National Association of Administrative Law Judiciary

No abstract provided.