Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Keyword
-
- Disabilities (3)
- Civil Rights Act of 1964 (2)
- Disability law (2)
- Accommodations (1)
- Americans With Disabilities Act (1)
-
- Americans with Disabilities Act (1)
- Asperger's (1)
- Autism (1)
- Brown v. Board (1)
- Companion animal (1)
- Crime (1)
- Defense (1)
- Disabled student (1)
- Discrimination (1)
- EHA (1)
- Education of the Handicapped Act (1)
- Equal Pay Act (1)
- FMRI (1)
- Fair Housing Amendment Act (1)
- Fee-shifting statute (1)
- Functional magnetic resonance imaging (1)
- Genetic Information Nondiscrimination Act (1)
- Genetic testing (1)
- Guardian (1)
- Guardianship (1)
- Health insurance benefits (1)
- Law school (1)
- Legal education (1)
- Mental health (1)
- Mental retardation (1)
Articles 1 - 12 of 12
Full-Text Articles in Disability Law
The Right Of The Physically And Mentally Handicapped: Amendments Necessary To Guarantee Protection Through The Civil Rights Act Of 1964, Patrick T. Ryan
The Right Of The Physically And Mentally Handicapped: Amendments Necessary To Guarantee Protection Through The Civil Rights Act Of 1964, Patrick T. Ryan
Akron Law Review
SINGLE STROKES of the government's pen can seldom alone accomplish social goals. To insure vitality, legislation requires review, revision and amendment. Though worthy of praise for initial and continuing contributions towards social betterment, the Civil Rights Act of 19641 falls into this classification. Its scope is too narrow because it fails to include a significant group of persons sorely in need of its protection. This legislation needs the depth evoked by its title rather than the limitations of its present language. Amendment is required to protect the rights of the physically and mentally handicapped.
Guardianship Of Adults With Mental Retardation: Towards A Presumption Of Competence, Amie L. Bruggeman
Guardianship Of Adults With Mental Retardation: Towards A Presumption Of Competence, Amie L. Bruggeman
Akron Law Review
Statutes should be revised so that people with varying levels of mental retardation are allowed to live as independently as they are able. To achieve this goal, legislators and members of the legal community must become aware of the nature of mental retardation, consider the individual personhood of one having this condition, and devise a legal framework with enough flexibility to accommodate both the individual and society. Ohio's guardianship laws and their relationship to adults with mental retardation require analysis. Although progress has been made in Ohio towards the goal of facilitating maximum enjoyment of independence, the present guardianship laws …
Gradually Developed Disabilities: A Dilemma For Workers' Compensation, M. Thomas Arnold
Gradually Developed Disabilities: A Dilemma For Workers' Compensation, M. Thomas Arnold
Akron Law Review
This article will examine some of these problems and attempt to make a few modest suggestions as to the direction future consideration of the compensability of gradually developed disabilities should take.
Title Vii Discrimination Actions: Applicable Or Inapplicable To The Partnership Decision? Hishon V. King & Spalding, Gus Yogmour
Title Vii Discrimination Actions: Applicable Or Inapplicable To The Partnership Decision? Hishon V. King & Spalding, Gus Yogmour
Akron Law Review
An underlying premise of a partnership is that it is a strictly voluntary association between two or more persons for a business purpose. The concept that a partnership can be forced against its will to accept another individual into the organization as a partner is repugnant to the underlying premise of voluntariness of association. One purpose of Title VII of The Civil Rights Act of 1964 is to prohibit discrimination on the basis of sex and to place men and women on an equal footing. In order for this equal footing to exist, an individual's capabilities can be the only …
The Burlington Decision: A Vehicle To Enforce Free Appropriate Public Education For The Handicapped, Martha A. Motsco
The Burlington Decision: A Vehicle To Enforce Free Appropriate Public Education For The Handicapped, Martha A. Motsco
Akron Law Review
This note will present an overview of early case law relevant to the Education of the Handicapped Act ("EHA"), discuss the facts and rationale of the Burlington v. Department of Education decision, and analyze the implications of Burlington as they relate to implementing the EHA in the future.
Pre-Employment Inquiries: Drug Testing, Alcohol Screening, Physical Exams, Honesty Testing, Genetics Screening - Do They Discriminate? An Empirical Study, Donald H. Stone
Pre-Employment Inquiries: Drug Testing, Alcohol Screening, Physical Exams, Honesty Testing, Genetics Screening - Do They Discriminate? An Empirical Study, Donald H. Stone
Akron Law Review
Statistics serve as a reminder that many disabled people continue to face obstacles in gaining access into the employment arena. This Article will reveal how disabled persons are at greater risk when employers increase their screening and testing arsenal in the job selection area.
Disabilities, Law Schools, And Law Students: A Proactive And Holistic Approach, Kevin H. Smith
Disabilities, Law Schools, And Law Students: A Proactive And Holistic Approach, Kevin H. Smith
Akron Law Review
The understandable and laudable desire of law schools to comply with federal laws and regulations forbidding discrimination against, and requiring the provision of reasonable accommodations to, qualified disabled law students has diverted attention from the range of disabilities possessed by law students and the spectrum of issues raised by disabled students in law school. This article is intended to serve as a starting point and a means to stimulate the needed examination and discussion.
Buckhannon Board And Care Home, Inc. V. West Virginia Department Of Health And Human Resources: To The Prevailing Party Goes The Spoils . . . And The Attorney's Fee!, Robin Stanley
Akron Law Review
This Note examines the definition of “prevailing party” as defined by the Supreme Court’s majority in Buckhannon Board & Care Home, Inc. v. West Virginia Department of Health & Human Resources where the case resulted in something short of a judgment on the merits. Part II provides a historical background of fee-shifting statutes, the development of fee-shifting in the United States, and the expansion of the catalyst theory by the district courts for prevailing parties under feeshifting statutes. Part III provides a statement of the facts, including the procedural history and the Supreme Court’s decision in Buckhannon. Finally, Part IV …
Neuroscience And Health Law: An Integrative Approach, Stacey A. Tovino J.D., Ph.D.
Neuroscience And Health Law: An Integrative Approach, Stacey A. Tovino J.D., Ph.D.
Akron Law Review
Neuroscience is one of the fastest growing scientific fields in terms of the numbers of scientists and the knowledge being gained. In recent years, both the scope of neuroscience and the methodologies employed by neuroscientists have broadly expanded, from biochemical and genetic analysis of individual nerve cells and their molecular constituents, to the imaging of brain structure and function. Perhaps the most significant recent neuroscientific achievement is the ability of neuroimaging technologies, including functional magnetic resonance imaging (fMRI), to image brain function. Clinicians and scientists use fMRI not only to map sensory, motor, and cognitive function, but also to study …
Asperger's Disorder, High-Functioning Autism, And Guardianship In Ohio, Michael E. Bloom
Asperger's Disorder, High-Functioning Autism, And Guardianship In Ohio, Michael E. Bloom
Akron Law Review
Early in the 1940s, two men, worlds apart and unaware of each other’s work, used the term “autism” to describe children that had remarkably similar characteristics, namely core impairments in socialization, communication, and imagination. In the United States in 1943, Leo Kanner published an account of “early infantile autism,” describing children with impaired social interaction, impaired communication, and stereotyped behaviors and interests.Kanner’s children seemed to relate better to objects than people. In Austria in 1944, Hans Asperger used the term “autistic psychopathy” to describe children with impaired social interaction, behavioral oddities, and poor coordination. Asperger’s children, who displayed no delay …
Law And The Revolution In Neuroscience: An Early Look At The Field, Henry T. Greely
Law And The Revolution In Neuroscience: An Early Look At The Field, Henry T. Greely
Akron Law Review
Several of the articles in this symposium consider different aspects of the intersection of neuroscience and testing for deception. Professor Joelle Moreno’s article provides an important philosophic link for those thinking about the role of the academy in evaluating novel scientific evidence such as neuroscience. Noting that “profound validity questions divide cognitive neuroscientists,” Professor Moreno cautions against ready admission of cognitive neuroscience evidence, recognizing that the images presented may be far more persuasive to judges and juries than they legitimately should be. Quoting studies on the effect of neuroscience evidence in forming opinions, she reminds readers that cognitive neuroscience evidence …
Re-Evaluating The Role Of Companion Animals In The Era Of The Aging Boomer, Rebecca J. Huss
Re-Evaluating The Role Of Companion Animals In The Era Of The Aging Boomer, Rebecca J. Huss
Akron Law Review
This Article is divided into four substantive parts. Part II considers the role of pets in the United States and the impact of companion animals in the lives of seniors. Part III analyzes issues that the elderly may face in keeping or interacting with companion animals in their residences. Part IV analyzes federal laws that ensure that persons with disabilities using service and assistance animals will have access to public accommodations and housing. Part V of this Article considers risks and ethical issues involved with having animals in the lives of the elderly.