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- Americans with Disabilities Act; ADA; Title I of ADA; analyzing contractual grievances; labor arbitration; reasonable accommodation; seniority clause; Section 513 of the ADA; Section 118 of the Civil Rights Act of 1991; Federal Arbitration Act; Section 203(d) of the Taft-Hartley Act; Executive Order 11246 OFCCP Revised Order Number 4; Judicial Improvements and Access to Justice Act; Administrative Dispute Resolution Act; benefits of using arbitration; resolving reasonable accommodation issue through arbitration; enforceability of arbitration agreements; Wright v. Universal Maritime Service Corp.; ADA and grievance arbitration; contractual seniority rights versus reasonable accommodation; (1)
- Americans with Disabilities Act; ADA; disability discrimination; determining disability; judicial estoppel; (1)
- Americans with Disabilities Act; ADA; disability discrimination; disability policy; Rehabilitation Act of 1973; Individuals with Disabilities Education Act; IDEA; reaction to ADA; (1)
- Americans with Disabilities Act; ADA; disability discrimination; judicial limits on ADA; corrective devices; determining disability; regarded as disabled; Murphy v. United Parcel Service; Albertsons Inc. v. Kirkingburg; (1)
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Articles 1 - 22 of 22
Full-Text Articles in Disability Law
Disability Law—From Stair Flights To Websites: An Argument For Amending The Americans With Disabilities Act To Include Title Vi That Applies To Online Spaces, Amelia Hansel
University of Arkansas at Little Rock Law Review
No abstract provided.
Doing The Right Thing, The Right Way, The First Time: Decision-Making In Public And Private Arenas Regarding The Use Of Service Animals, Maureen E. Lally-Green, Annemarie Harr Eagle Esq., Bridget M. Green
Doing The Right Thing, The Right Way, The First Time: Decision-Making In Public And Private Arenas Regarding The Use Of Service Animals, Maureen E. Lally-Green, Annemarie Harr Eagle Esq., Bridget M. Green
University of Arkansas at Little Rock Law Review
No abstract provided.
Four Pathways Of Undermining Board Of Trustees Of The University Of Alabama V. Garrett, Derek Warden
Four Pathways Of Undermining Board Of Trustees Of The University Of Alabama V. Garrett, Derek Warden
University of Arkansas at Little Rock Law Review
In Board of Trustees of the University of Alabama v. Garrett, the Supreme Court held that Title I of the ADA did not validly abrogate state sovereign immunity; and as such, a plaintiff could not obtain damages against the states or sue the states directly for injunctive relief. Many courts and scholars have read Garrett as sounding the death knell for ADA Title I government employee plaintiffs. This article shows that such fears are misplaced. Indeed, this article offers four pathways around Garrett that show Title I and its requirements are very much alive and well. First, the article shows …
Probate Law—A New Guardian Angle: A Proposed Change To Arkansas’S Public Policy On Guardianship For Individuals With Intellectual Disabilities, Gabrielle Davis-Jones
Probate Law—A New Guardian Angle: A Proposed Change To Arkansas’S Public Policy On Guardianship For Individuals With Intellectual Disabilities, Gabrielle Davis-Jones
University of Arkansas at Little Rock Law Review
No abstract provided.
Family Law–Providing For Those Who Cannot Provide For Themselves: A Proposal For The Arkansas General Assembly To Follow In The Footsteps Of An Already Expansive Guardianship Law And Grant Guardians The Right To File For Divorce On Behalf Of A Ward, Matthew L. Brunson
University of Arkansas at Little Rock Law Review
No abstract provided.
Disability Law - Americans With Disabilities Act Of 1990 - Title Ii And Title Iii And The Expansion Of Captioning For The Deaf: From Televisions And Movie Theaters To Stadiums And Arenas, Daniel Haney
University of Arkansas at Little Rock Law Review
No abstract provided.
Disability Law - Welcome To The New Town Square Of Today's Global Village: Website Accessibility For Individuals With Disabilities After Target And The 2008 Amendments To The Americans With Disabilities Act, Stephanie Khouri
University of Arkansas at Little Rock Law Review
No abstract provided.
Employment & Disability Law—Americans With Disabilities Act Of 1990—The Weight Of Personal Responsibility: Obesity, Causation, And Protected Physical Impairments, Matthew Glover
University of Arkansas at Little Rock Law Review
On July 26, 1990, Congress enacted the Americans with Disabilities Act (ADA), which became effective two years later. Because the ADA lacked a list of all the disabilities it covered, courts have considered obesity and morbid obesity to be disabilities in some cases but not in others, notwithstanding the legislation’s desire for clarity and consistency in eliminating discrimination against the individuals with disabilities.
There seems to be a trend towards presuming that obesity is a matter of personal responsibility rather than a protected disability. The most recent developments in obesity jurisprudence have held that morbid obesity—absent evidence of physiological causation—was …
The Americans With Disabilities Act Of 1900: A Road Now Too Narrow, Luther Sutter
The Americans With Disabilities Act Of 1900: A Road Now Too Narrow, Luther Sutter
University of Arkansas at Little Rock Law Review
No abstract provided.
Reflections On Disability Discrimination Policy—25 Years, Laura F. Rothstein
Reflections On Disability Discrimination Policy—25 Years, Laura F. Rothstein
University of Arkansas at Little Rock Law Review
No abstract provided.
The Supreme Court Reins In The Americans With Disabilities Act, Stephen W. Jones
The Supreme Court Reins In The Americans With Disabilities Act, Stephen W. Jones
University of Arkansas at Little Rock Law Review
No abstract provided.
Arbitration, Labor Contracts, And The Ada: The Benefits Of Pre-Dispute Arbitration Agreements And An Update On The Conflict Between The Duty To Accommodate And Seniority Rights, Jan William Sturner
Arbitration, Labor Contracts, And The Ada: The Benefits Of Pre-Dispute Arbitration Agreements And An Update On The Conflict Between The Duty To Accommodate And Seniority Rights, Jan William Sturner
University of Arkansas at Little Rock Law Review
No abstract provided.
The Individuals With Disabilities Education Act, Sharon C. Streett
The Individuals With Disabilities Education Act, Sharon C. Streett
University of Arkansas at Little Rock Law Review
No abstract provided.
The Least Restrictive Alternative: A Theory Of Justice For The Mentally Retarded, Eric D. Paulsrud
The Least Restrictive Alternative: A Theory Of Justice For The Mentally Retarded, Eric D. Paulsrud
University of Arkansas at Little Rock Law Review
No abstract provided.
Constitutional Law—Equal Protection—Zoning Ordinance Excluding Home For The Mentally Retarded Fails The Rational Basis Test, Patricia J. Dolson
Constitutional Law—Equal Protection—Zoning Ordinance Excluding Home For The Mentally Retarded Fails The Rational Basis Test, Patricia J. Dolson
University of Arkansas at Little Rock Law Review
No abstract provided.
Handicapped Law—Education For All Handicapped Children Act Does Not Require States To Provide Best Possible Option, Linda Joyce Bradley
Handicapped Law—Education For All Handicapped Children Act Does Not Require States To Provide Best Possible Option, Linda Joyce Bradley
University of Arkansas at Little Rock Law Review
No abstract provided.
Administrative Law—Social Security Disability Benefits—Adoption Of Medical-Vocational Guidelines Within Statutory Authority, H. Mayo Smith
Administrative Law—Social Security Disability Benefits—Adoption Of Medical-Vocational Guidelines Within Statutory Authority, H. Mayo Smith
University of Arkansas at Little Rock Law Review
No abstract provided.
Rights For Developmentally Disabled Citizens: A Perspective For The 80s, H. Rutherford Turnbull Iii
Rights For Developmentally Disabled Citizens: A Perspective For The 80s, H. Rutherford Turnbull Iii
University of Arkansas at Little Rock Law Review
No abstract provided.
Introduction, L. Lynn Hogue
Introduction, L. Lynn Hogue
University of Arkansas at Little Rock Law Review
No abstract provided.
Guardianship: Overcoming The Last Hurdle To Civil Rights For The Mentally Disabled, Sheryl Dicker
Guardianship: Overcoming The Last Hurdle To Civil Rights For The Mentally Disabled, Sheryl Dicker
University of Arkansas at Little Rock Law Review
No abstract provided.
Aftermath Of The Dd Act: Is There Life After Pennhurst, The, Penelope A. Boyd
Aftermath Of The Dd Act: Is There Life After Pennhurst, The, Penelope A. Boyd
University of Arkansas at Little Rock Law Review
No abstract provided.
Reviewing An Individual Habilitation Plan: A Lawyer's Guide, Marianne Bennett
Reviewing An Individual Habilitation Plan: A Lawyer's Guide, Marianne Bennett
University of Arkansas at Little Rock Law Review
No abstract provided.