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Disability Law Commons

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Articles 1 - 14 of 14

Full-Text Articles in Disability Law

An Empirical Examination Of Case Outcomes Under The Ada Amendments Act , Stephen F. Befort Sep 2013

An Empirical Examination Of Case Outcomes Under The Ada Amendments Act , Stephen F. Befort

Washington and Lee Law Review

Congress enacted the ADA Amendments Act (ADAAA) in order to override four Supreme Court decisions that had narrowly restricted the scope of those protected by the Americans with Disabilities Act (ADA) and to provide “a national mandate for the elimination of discrimination.” This Article undertakes an empirical examination of the impact of the ADAA on case outcomes. The recent reported cases provide a unique opportunity for such an examination because, with the ADAAA not retroactively applicable to cases pending prior to its effective date, courts have been simultaneously deciding cases under both the pre-amendment and post-amendment standards. This study examines ...


Fragmented Lives: Disability Discrimination And The Role Of "Environment-Framing", Ani B. Satz Jan 2011

Fragmented Lives: Disability Discrimination And The Role Of "Environment-Framing", Ani B. Satz

Washington and Lee Law Review

This Article presents a novel theory that courts undermine the purpose of the Americans with Disabilities Act (ADA) by implicitly embracing environment-frames that disfavor disability protections. Courts employ environment-frames at two stages of judicial analysis under the Act: the disability eligibility and remedy stages. In determining whether a plaintiff is in the statutorily protected class, courts typically use a broad environment-frame to assess limitation of a "major life activity." The larger the environment-frame, the more likely a court will view an individual as able to perform a major life activity in some portion of her environment and deny her protected ...


Courts Must Welcome The Reality Of The Modem World: Cyberspace Is A Place Under Title Iii Of The Americans With Disabilities Act, Shani Else Jan 2008

Courts Must Welcome The Reality Of The Modem World: Cyberspace Is A Place Under Title Iii Of The Americans With Disabilities Act, Shani Else

Washington and Lee Law Review

No abstract provided.


In The Land Between Two Maps: Perceived Disabilities, Reasonable Accommodations, And Judicial Battles Over The Ada, Nicholas R. Frazier Sep 2005

In The Land Between Two Maps: Perceived Disabilities, Reasonable Accommodations, And Judicial Battles Over The Ada, Nicholas R. Frazier

Washington and Lee Law Review

No abstract provided.


Recapturing The Transformative Potential Of Employment Discrimination Law, Michelle A. Travis Jan 2005

Recapturing The Transformative Potential Of Employment Discrimination Law, Michelle A. Travis

Washington and Lee Law Review

No abstract provided.


Is There Light At The End Of The Tunnel? Balancing Finality And Accuracy For Federal Black Lung Benefits Awards, Brian L. Hager Sep 2003

Is There Light At The End Of The Tunnel? Balancing Finality And Accuracy For Federal Black Lung Benefits Awards, Brian L. Hager

Washington and Lee Law Review

No abstract provided.


Reassignment Under The Americans With Disabilities Act: Reasonable Accommodation, Affirmative Action, Or Both?, Stephen F. Befort, Tracey Holmes Donesky Sep 2000

Reassignment Under The Americans With Disabilities Act: Reasonable Accommodation, Affirmative Action, Or Both?, Stephen F. Befort, Tracey Holmes Donesky

Washington and Lee Law Review

No abstract provided.


Eradicating Discrimination Among Individuals With Disabilities: Parity In Employer-Provided, Long-Term Disability Benefit Plans, Andrea K. Short Sep 1999

Eradicating Discrimination Among Individuals With Disabilities: Parity In Employer-Provided, Long-Term Disability Benefit Plans, Andrea K. Short

Washington and Lee Law Review

No abstract provided.


The Impact Of Title Iii Of The Americans With Disabilities Act On Employer-Provided Insurance Plans: Is The Insurance Company Subject To Liability?, Jill L. Schultz Jan 1999

The Impact Of Title Iii Of The Americans With Disabilities Act On Employer-Provided Insurance Plans: Is The Insurance Company Subject To Liability?, Jill L. Schultz

Washington and Lee Law Review

No abstract provided.


What Constitutes A "Disability" Under The Americans With Disabilities Act: Should Courts Consider Mitigating Measures?, Maureen R. Walsh Jun 1998

What Constitutes A "Disability" Under The Americans With Disabilities Act: Should Courts Consider Mitigating Measures?, Maureen R. Walsh

Washington and Lee Law Review

No abstract provided.


Better Off Dead Than Disabled?: Should Courts Recognize A "Wrongful Living" Cause Of Action When Doctors Fail To Honor Patients' Advance Directives?, Adam A. Milani Jan 1997

Better Off Dead Than Disabled?: Should Courts Recognize A "Wrongful Living" Cause Of Action When Doctors Fail To Honor Patients' Advance Directives?, Adam A. Milani

Washington and Lee Law Review

No abstract provided.


School Discipline And The Handicapped Child Sep 1982

School Discipline And The Handicapped Child

Washington and Lee Law Review

No abstract provided.


The Sterilization Rights Of Mental Retardates Jan 1982

The Sterilization Rights Of Mental Retardates

Washington and Lee Law Review

No abstract provided.


Employment Discrimination And The Visually Impaired, David A. Yuckman Jan 1982

Employment Discrimination And The Visually Impaired, David A. Yuckman

Washington and Lee Law Review

No abstract provided.