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Disability Law Commons

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Articles 1 - 18 of 18

Full-Text Articles in Disability Law

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.


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.


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.