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Disability Law Commons

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Articles 1 - 19 of 19

Full-Text Articles in Disability Law

Use Of Facial Recognition Technology For Medical Purposes: Balancing Privacy With Innovation, Seema Mohapatra Jun 2016

Use Of Facial Recognition Technology For Medical Purposes: Balancing Privacy With Innovation, Seema Mohapatra

Pepperdine Law Review

Imagine applying for a job, and as part of your application process, your prospective employer asks for a photograph. You, as an eager candidate, comply with the request and, unbeknownst to you, the employer runs your picture through a software program that scans you for any common genetic diseases and that estimates your longevity. Alas, your face indicates that you may die young. No job for you. Although this sounds like science fiction, we may not be that far off from this scenario. In June 2014, scientists from Oxford reported that they have developed a facial recognition program that uses ...


Special Treatment Stigma After The Ada Amendments Act, Nicole Buonocore Porter Mar 2016

Special Treatment Stigma After The Ada Amendments Act, Nicole Buonocore Porter

Pepperdine Law Review

This article explores a unique source of stigma suffered by individuals with disabilities in the workplace. Instead of focusing on those with the most stigmatizing disabilities, I focus on those individuals who have disabilities that are not perceived as very severe, yet they still suffer stigma. These individuals are stigmatized because of the special treatment they receive (or are perceived as receiving) through workplace accommodations provided pursuant to the Americans with Disabilities Act (ADA). In prior work, I have called this phenomenon “special treatment stigma,” the harm that arises from receiving special treatment in the workplace, especially when co-workers believe ...


Mi Casa Es Su Casa: The Benefits Of A Hud Mediation Program For Resolving Housing Accommodation Or Modification Disputes Between Landlords And Tenants With Disabilities, Adam Knobler Jan 2015

Mi Casa Es Su Casa: The Benefits Of A Hud Mediation Program For Resolving Housing Accommodation Or Modification Disputes Between Landlords And Tenants With Disabilities, Adam Knobler

Pepperdine Law Review

After first providing a background on federal housing laws that prohibit discrimination based on disability, this article then proceeds to describe and analyze the remedies available to tenants who have experienced disability discrimination. The article concludes that, not only are such remedies as filing a complaint or pursuing litigation difficult and time-consuming, they could also damage the long-term relationship between the parties and preclude the possibility of creative remedies that satisfy the needs of both parties. The article finishes by proposing that HUD develop an agency-wide mediation program based on the model of the Equal Employment Opportunity Commission (EEOC) mediation ...


Do You Believe He Can Fly? Royce White And Reasonable Accommodations Under The Americans With Disabilities Act For Nba Players With Anxiety Disorder And Fear Of Flying, Michael A. Mccann Apr 2014

Do You Believe He Can Fly? Royce White And Reasonable Accommodations Under The Americans With Disabilities Act For Nba Players With Anxiety Disorder And Fear Of Flying, Michael A. Mccann

Pepperdine Law Review

This Article examines the legal ramifications of Royce White, a basketball player with general anxiety disorder and obsessive compulsive disorder, playing in the NBA. White's conditions cause him to have a fear of flying, thus making it difficult to play in the NBA. This subject is without precedent in sports law and, because of the unique aspects of an NBA playing career, lacks clear analogy to other employment circumstances. This dispute also illuminates broader legal and policy issues in the relationship between employment and mental illness. This Article argues that White would likely fail in a lawsuit against an ...


Equal Protection And The New Rational Basis Test: The Mentally Retarded Are Not Second Class Citizens In Cleburne, Gordon W. Johnson Jan 2013

Equal Protection And The New Rational Basis Test: The Mentally Retarded Are Not Second Class Citizens In Cleburne, Gordon W. Johnson

Pepperdine Law Review

Recently, the Fifth Circuit held that classifications involving the mentally retarded were quasi-suspect and should be reviewed under a heightened scrutiny analysis. The Supreme Court reversed that holding but granted the retarded a remedy by applying a more genuine scrutiny under the rational basis test. The Court's decision in City of Cleburne, Texas v. Cleburne Living Center, Inc. raises the question whether the Court intends to apply an increased level of scrutiny under the rational basis test or whether this case merely represents another ad hoc decision made on the horns of a dilemma. This Note discusses the uncertain ...


Beyond Abortion: Human Genetics And The New Eugenics, John R. Harding Jr. Nov 2012

Beyond Abortion: Human Genetics And The New Eugenics, John R. Harding Jr.

Pepperdine Law Review

No abstract provided.


Assisted Suicide: A Tough Pill To Swallow, Mary Margaret Penrose Nov 2012

Assisted Suicide: A Tough Pill To Swallow, Mary Margaret Penrose

Pepperdine Law Review

No abstract provided.


Bragdon V. Abbott: The Supreme Court's Anti-Discrimination Advocacy And The Reopening Of Pandora's Box , Brett D. Watson Oct 2012

Bragdon V. Abbott: The Supreme Court's Anti-Discrimination Advocacy And The Reopening Of Pandora's Box , Brett D. Watson

Pepperdine Law Review

No abstract provided.


Medicating The Ada - Sutton V. United Airlines, Inc.: Considering Mitigating Measures To Define Disability, Ian D. Thompson Jul 2012

Medicating The Ada - Sutton V. United Airlines, Inc.: Considering Mitigating Measures To Define Disability, Ian D. Thompson

Pepperdine Law Review

No abstract provided.


Cedar Rapids Community School District V. Garret F.: A High Price For Equal Education , Kristie Harding Jul 2012

Cedar Rapids Community School District V. Garret F.: A High Price For Equal Education , Kristie Harding

Pepperdine Law Review

No abstract provided.


Jumping On The Bandwagon: The United States Supreme Court Prohibits The Execution Of Mentally Retarded Persons In Atkins V. Virginia, Lisa Odom Apr 2012

Jumping On The Bandwagon: The United States Supreme Court Prohibits The Execution Of Mentally Retarded Persons In Atkins V. Virginia, Lisa Odom

Pepperdine Law Review

No abstract provided.


I'M So Lonesome I Could Cry ... But Could I Sue?: Whether 'Interacting With Others' Is A Major Life Activity Under The Ada, Bryan P. Stephenson Apr 2012

I'M So Lonesome I Could Cry ... But Could I Sue?: Whether 'Interacting With Others' Is A Major Life Activity Under The Ada, Bryan P. Stephenson

Pepperdine Law Review

No abstract provided.


Toyota Motor Manufacturing V. Williams: A Case Of Carpal Tunnel Syndrome Weakens The Grip Of The Americans With Disabilities Act, Andrea Kloehn Naef Apr 2012

Toyota Motor Manufacturing V. Williams: A Case Of Carpal Tunnel Syndrome Weakens The Grip Of The Americans With Disabilities Act, Andrea Kloehn Naef

Pepperdine Law Review

No abstract provided.


The Section 5 Power After Tennessee V. Lane, William D. Araiza Mar 2012

The Section 5 Power After Tennessee V. Lane, William D. Araiza

Pepperdine Law Review

No abstract provided.


The Disability History Mystery: Assessing The Employer's Reasonable Accommodation Obligation In "Record Of Disability" Cases, Michael D. Moberly Mar 2012

The Disability History Mystery: Assessing The Employer's Reasonable Accommodation Obligation In "Record Of Disability" Cases, Michael D. Moberly

Pepperdine Law Review

No abstract provided.


What Can We Hope For From Law?, Ellen S. Pryor Feb 2012

What Can We Hope For From Law?, Ellen S. Pryor

Pepperdine Law Review

What can a lawyer of faith hope for, and expect from, law? This Essay, based on the 2008 Louis Brandeis Lecture given at Pepperdine University, discusses why and how this question matters not just as a matter of theory but to our real-world lawyering journeys. The Essay discusses two of the frameworks that can shape our answer to the question: a natural law viewpoint and what the Essay calls a “Lutheran” view. After explaining how these two perspectives might lead to different expectations about the effects of law, the Essay discusses whether either of these approaches is more sustaining or ...


"Mortal [K]Ombat In Cleats": An Examination Of The Effectiveness Of The National Football League's Disability Plan And Its Impact On Retired Players, Brett Edwin Lovellette Feb 2012

"Mortal [K]Ombat In Cleats": An Examination Of The Effectiveness Of The National Football League's Disability Plan And Its Impact On Retired Players, Brett Edwin Lovellette

Pepperdine Law Review

No abstract provided.


On Equal Footing: Does Accommodating Athletes With Disabilities Destroy The Competitive Playing Field Or Level It?, Sarah J. Wild Feb 2012

On Equal Footing: Does Accommodating Athletes With Disabilities Destroy The Competitive Playing Field Or Level It?, Sarah J. Wild

Pepperdine Law Review

No abstract provided.


Why Context Matters: Defining Service Animals Under Federal Law, Rebecca J. Huss Feb 2012

Why Context Matters: Defining Service Animals Under Federal Law, Rebecca J. Huss

Pepperdine Law Review

This Article analyzes the differing definitions of service animals under federal law as interpreted by three separate agencies. The regulations and case law interpreting the issue under the Americans with Disabilities Act, the Fair Housing Act, and the Air Carrier Access Act illustrate the need for further clarification in order to ensure that individuals with disabilities are granted the full protection of the law.