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Disability Law Commons

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Articles 1 - 24 of 24

Full-Text Articles in Disability Law

The Costs Of Easy Victory, Michael E. Waterstone Nov 2015

The Costs Of Easy Victory, Michael E. Waterstone

William & Mary Law Review

Studies of law and social change often focus on areas of intense conflict, including abortion, gun rights, and various issues around race, gender, and sexual orientation. Each of these has entered the culture wars, inspiring fierce resistance and organized countermovements. A reasonable assumption might be that social change in less controversial areas might be easier. In this Article, I suggest that it is not that simple. Using the disability rights movement, I demonstrate how flying under the radar leads to unappreciated obstacles. The disability rights movement had a relatively easy path to the passage of the Americans with Disabilities Act ...


Mitigating The Impact Of Title Vii's New Retaliation Standard: The Americans With Disabilities Act After University Of Texas Southwestern Medical Center V. Nassar, August T. Johannsen Oct 2014

Mitigating The Impact Of Title Vii's New Retaliation Standard: The Americans With Disabilities Act After University Of Texas Southwestern Medical Center V. Nassar, August T. Johannsen

William & Mary Law Review

No abstract provided.


Disability Cause Lawyers, Michael E. Waterstone, Michael Ashley Stein, David B. Wilkins Mar 2012

Disability Cause Lawyers, Michael E. Waterstone, Michael Ashley Stein, David B. Wilkins

William & Mary Law Review

There is a vast and growing cause lawyering literature demonstrating how attorneys and their relationship to social justice movements matter greatly for law’s ability to engender progress. But to date, there has been no examination of the work of ADA disability cause lawyers as cause lawyers. Similarly, despite an extensive literature focused on the ADA’s revolutionary civil rights aspects and the manner in which the Supreme Court’s interpretation of that statute has stymied potential transformation of American society, no academic accounts of disability law have focused on the lawyers who bring these cases. This Article responds to ...


The Mythic 43 Million Americans With Disabilities, Ruth Colker Oct 2007

The Mythic 43 Million Americans With Disabilities, Ruth Colker

William & Mary Law Review

Although Congress stated in its first statutory finding that it intended the Americans with DisabilitiesA ct (ADA) to protect at least 43 million Americans from disability discrimination, the Supreme Court has interpreted this statute so that it covers no more than 13.5 million Americans. More importantly, this Article demonstrates through the use of Census Bureau data that the ADA's employment discrimination provisions have been eviscerated to the point that the ADA protects virtually no Americans who are both disabled and able to work. This Article places that problem in the larger context of the Court undermining Congress's ...


Gimme Shelter: Does The Fair Housing Amendments Act Of 1988 Require Accommodations For The Financial Cirumstances Of The Disabled?, Brian R. Rosenau Nov 2004

Gimme Shelter: Does The Fair Housing Amendments Act Of 1988 Require Accommodations For The Financial Cirumstances Of The Disabled?, Brian R. Rosenau

William & Mary Law Review

No abstract provided.


Foreword: Disability And Identity, Michael Ashley Stein Feb 2003

Foreword: Disability And Identity, Michael Ashley Stein

William & Mary Law Review

No abstract provided.


Disabiling The Ada: Essences, Better Angels, And Unprincipled Neutrality Claims, Aviam Soifer Feb 2003

Disabiling The Ada: Essences, Better Angels, And Unprincipled Neutrality Claims, Aviam Soifer

William & Mary Law Review

No abstract provided.


Identity And Disability In The Workplace, Susanne M. Bruyere, William A. Erickson, Joshua T. Ferrentino Feb 2003

Identity And Disability In The Workplace, Susanne M. Bruyere, William A. Erickson, Joshua T. Ferrentino

William & Mary Law Review

No abstract provided.


Disability-Based Harrassment: Standing And Standards For A "New" Cause Of Action, Holland M. Tahvonen Feb 2003

Disability-Based Harrassment: Standing And Standards For A "New" Cause Of Action, Holland M. Tahvonen

William & Mary Law Review

No abstract provided.


Labor Force Participation And Income Of Individuals With Disabilities In Sheltered And Competitive Employment: Cross-Sectional And Longitudinal Analyses Of Seven States During The 1980s And 1990s, Peter Blanck, Helen A. Schartz, Kevin M. Schartz Feb 2003

Labor Force Participation And Income Of Individuals With Disabilities In Sheltered And Competitive Employment: Cross-Sectional And Longitudinal Analyses Of Seven States During The 1980s And 1990s, Peter Blanck, Helen A. Schartz, Kevin M. Schartz

William & Mary Law Review

The purpose of this investigation was to examine the labor force participation and wages of individuals with disabilities who have transitioned from facility-based (i.e., sheltered) work to employment in integrated and competitive settings. The investigators had access to data from seven states on the labor force participation and wages of more than 3000 individuals with disabilities who have moved from institutional to community placements over the past two decades.

Among the findings: the majority of individuals in these geographically diverse samples were unemployed over time; sheltered employment prepared some individuals for entry into employment in integrated settings and resulted ...


"Never Forget What They Did Here": Civil War Pensions For Gettysburg Union Army Veterans And Disability In Nineteenth-Century America, Peter Blanck, Chen Song Feb 2003

"Never Forget What They Did Here": Civil War Pensions For Gettysburg Union Army Veterans And Disability In Nineteenth-Century America, Peter Blanck, Chen Song

William & Mary Law Review

No abstract provided.


The Americans With Disabilities Act As Welfare Reform, Samuel R. Bagenstos Feb 2003

The Americans With Disabilities Act As Welfare Reform, Samuel R. Bagenstos

William & Mary Law Review

No abstract provided.


Reasonable Accommodation Of Workplace Disabilities, Stewart J. Schwab, Steven L. Willborn Feb 2003

Reasonable Accommodation Of Workplace Disabilities, Stewart J. Schwab, Steven L. Willborn

William & Mary Law Review

No abstract provided.


"Discredited" And "Discreditable:" The Search For Political Identity By People With Psychiatric Diagnoses, Susan Stefan Feb 2003

"Discredited" And "Discreditable:" The Search For Political Identity By People With Psychiatric Diagnoses, Susan Stefan

William & Mary Law Review

No abstract provided.


Disaggregating Antidiscrimination And Accommodation, J. H. Verkerke Feb 2003

Disaggregating Antidiscrimination And Accommodation, J. H. Verkerke

William & Mary Law Review

No abstract provided.


Disability, Reciprocity, And "Real Efficiency": Unified Approach, Amy L. Wax Feb 2003

Disability, Reciprocity, And "Real Efficiency": Unified Approach, Amy L. Wax

William & Mary Law Review

No abstract provided.


Disability Harassment In The Public Schools, Mark C. Weber Feb 2002

Disability Harassment In The Public Schools, Mark C. Weber

William & Mary Law Review

No abstract provided.


Determining The Intended Beneficiaries Of The Ada In The Aftermath Of Sutton: Limiting The Application Of The Disabling Corrections Corollary, Richard C. Dunn Feb 2002

Determining The Intended Beneficiaries Of The Ada In The Aftermath Of Sutton: Limiting The Application Of The Disabling Corrections Corollary, Richard C. Dunn

William & Mary Law Review

No abstract provided.


The Lay View Of What "Disability" Means Must Give Way To What Congress Says It Means: Infertility As A "Disability" Under The Americans With Disabilities Act, Deborah K. Dallmann Oct 1996

The Lay View Of What "Disability" Means Must Give Way To What Congress Says It Means: Infertility As A "Disability" Under The Americans With Disabilities Act, Deborah K. Dallmann

William & Mary Law Review

No abstract provided.


Social Security Administration Nonacquiescence On The Standard For Evaluating Pain, Erin Margaret Masson May 1995

Social Security Administration Nonacquiescence On The Standard For Evaluating Pain, Erin Margaret Masson

William & Mary Law Review

No abstract provided.


Disability Discrimination By State And Local Government: The Relationship Between Section 504 Of The Rehabilitation Act And Title Ii Of The Americans With Disabilities Act, Mark C. Weber Mar 1995

Disability Discrimination By State And Local Government: The Relationship Between Section 504 Of The Rehabilitation Act And Title Ii Of The Americans With Disabilities Act, Mark C. Weber

William & Mary Law Review

No abstract provided.


Employing The Alcoholic Under The Americans With Disabilities Act Of 1990, Wendy K. Voss Mar 1992

Employing The Alcoholic Under The Americans With Disabilities Act Of 1990, Wendy K. Voss

William & Mary Law Review

No abstract provided.


The Rehabilitation Act Of 1973: Focusing The Definition Of A Handicapped Individual, Anna P. Engh Oct 1988

The Rehabilitation Act Of 1973: Focusing The Definition Of A Handicapped Individual, Anna P. Engh

William & Mary Law Review

No abstract provided.


Employment Rights Of Handicapped Individuals: Statutory And Judicial Parameters, Toni M. Massaro Dec 1978

Employment Rights Of Handicapped Individuals: Statutory And Judicial Parameters, Toni M. Massaro

William & Mary Law Review

No abstract provided.