Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Institution
- Keyword
-
- ADA (8)
- Disability law (5)
- Competency to stand trial (4)
- People with mental disabilities (4)
- Employment discrimination (3)
-
- Essential job function (3)
- Reasonable accomodation (3)
- Constitution (2)
- Disability discrimination (2)
- Due process (2)
- Employment (2)
- Litigation (2)
- Qualified individual (2)
- Supreme Court (2)
- 1992) (1)
- 42 U.S.C. § 3615 (1)
- Accidental disability (1)
- Advance directives (Medical care)--Law and legislation (1)
- Amendments (1)
- Americans with Disabiliites Act (1)
- Americans with Disabilities Act (1)
- Appellate Division (1)
- Application (1)
- Belle Terre (1)
- Benefits (1)
- British Columbia (1)
- Burden of proof (1)
- Capacity and disability (1)
- Civil Rights Act of 1964 (1)
- Constitutional (1)
Articles 1 - 22 of 22
Full-Text Articles in Disability Law
Withholding And Withdrawing Life Support From Adults At Common Law, Joan M. Gilmour
Withholding And Withdrawing Life Support From Adults At Common Law, Joan M. Gilmour
Osgoode Hall Law Journal
This article examines the circumstances in which life support can legally be withheld or withdrawn from adults. It analyzes the situation of patients who are both capable and incapable of making decisions, taking into account recent jurisprudence in Canada, the United States, and the United Kingdom. Where competence is not an issue, both law and modern medicine espouse a strong normative commitment to patient self-determination. However, when no clear indication of the patient's treatment preference can be ascertained because of decisional incapacity, then the question of terminating life support is much more difficult. The author describes and analyzes the two …
Reproductive Technology And Disability: Searching For The "Rights" And Wrongs In Explanation, Judith Mosoff
Reproductive Technology And Disability: Searching For The "Rights" And Wrongs In Explanation, Judith Mosoff
Dalhousie Law Journal
Several years ago I worked as a lawyer representing psychiatric patients on the grounds of a large medieval-looking turn-of-the-century mental hospital in British Columbia. Soon after starting my new job I met Ann, a woman who shortly after her admission as an involuntary patient had informed her treatment team that she was pregnant. She had always wanted to have a baby. When she told her doctor about her pregnancy, he decided that this idea was part of her delusional system and prescribed anti-psychotic drugs to control her pathology. In fact she was pregnant and the medication given during the first …
Silencing The Different Voice: Competence, Feminist Theory And Law, Susan Stefan
Silencing The Different Voice: Competence, Feminist Theory And Law, Susan Stefan
University of Miami Law Review
No abstract provided.
Psychotropic Medication In The Criminal Trial Process: The Constitutional And Therapeutic Implications Of Riggjns V. Nevada, Bruce J. Winick
Psychotropic Medication In The Criminal Trial Process: The Constitutional And Therapeutic Implications Of Riggjns V. Nevada, Bruce J. Winick
NYLS Journal of Human Rights
No abstract provided.
The Americans With Disabilities Act And Collective Bargaining Agreements: Reasonable Accommodations Or Irreconcilable Conflicts?, Mary K. O'Melveny
The Americans With Disabilities Act And Collective Bargaining Agreements: Reasonable Accommodations Or Irreconcilable Conflicts?, Mary K. O'Melveny
Kentucky Law Journal
No abstract provided.
The Competence Of Criminal Defendants: Beyond Dusky And Drope, Richard J. Bonnie
The Competence Of Criminal Defendants: Beyond Dusky And Drope, Richard J. Bonnie
University of Miami Law Review
No abstract provided.
Let's Get Off The Floor: The Call For Illinois To Adopt A Higher Substantive Standard For Special Education, Michael F. Tomasek
Let's Get Off The Floor: The Call For Illinois To Adopt A Higher Substantive Standard For Special Education, Michael F. Tomasek
Loyola University Chicago Law Journal
No abstract provided.
The Right To Proceed Pro Se At Competency Hearings: Practical Solutions To A Constitutional Catch-22, Stavy A. Giulianti
The Right To Proceed Pro Se At Competency Hearings: Practical Solutions To A Constitutional Catch-22, Stavy A. Giulianti
University of Miami Law Review
No abstract provided.
Pretexts And Mental Disability Law: The Case Of Competency, Michael L. Perlin
Pretexts And Mental Disability Law: The Case Of Competency, Michael L. Perlin
University of Miami Law Review
No abstract provided.
Abolishing Competency As A Construction Of Difference: A Radical Proposal To Promote The Equality Of Persons With Disabilities, Steven J. Schwartz
Abolishing Competency As A Construction Of Difference: A Radical Proposal To Promote The Equality Of Persons With Disabilities, Steven J. Schwartz
University of Miami Law Review
No abstract provided.
Rethinking Autonomy In Long Term Care, Charles W. Lidz, Robert M. Arnold
Rethinking Autonomy In Long Term Care, Charles W. Lidz, Robert M. Arnold
University of Miami Law Review
No abstract provided.
Competency To Refuse Psychotropic Medication: Three Alternatives To The Law's Cognitive Standard, Elyn R. Saks
Competency To Refuse Psychotropic Medication: Three Alternatives To The Law's Cognitive Standard, Elyn R. Saks
University of Miami Law Review
No abstract provided.
Presumptions And Burdens Of Proof In Determining Competency To Stand Trial: An Analysis Of Medina V. California And The Supreme Court's New Due Process Methodology In Criminal Cases, Bruce J. Winick
University of Miami Law Review
No abstract provided.
Symposium: The Americans With Disabilities Act - Introductory Comments, Dawn V. Martin
Symposium: The Americans With Disabilities Act - Introductory Comments, Dawn V. Martin
Journal of Law and Health
Each of the articles included in this symposium summarizes the ADA and details the particular provisions of the Act which pertain to its thesis. Therefore, I will only briefly outline the Act's major provisions and implications for the purposes of this introductory discussion.
The Ada And Persons With Mental Disabilities: Can Sanist Attitudes Be Undone, Michael L. Perlin
The Ada And Persons With Mental Disabilities: Can Sanist Attitudes Be Undone, Michael L. Perlin
Journal of Law and Health
This leads to my thesis. What I call "sanist" attitudes and "pretextual" judicial and legislative reactions dominate social and legal discourse about mentally ill persons (and those so perceived). These attitudes affect and infect interpersonal relationships, social, cultural and political actions, judicial decisions, legislative enactments, scholarly writings, administrative rulings, and litigation strategies. They largely operate on an unconscious (and often invisible) level, and are frequently found in the writings and public pronouncements of otherwise "liberal" or "progressive" individuals. They are also rationalized through the non-reflective use of a false kind of "ordinary common sense" (OCS) and through the use of …
And Equal Participation For All...The Americans With Disabilities Act In The Courtroom, Keri K. Gould
And Equal Participation For All...The Americans With Disabilities Act In The Courtroom, Keri K. Gould
Journal of Law and Health
This article hopes to encourage the use of the ADA as a mechanism to increase courtroom accessibility to people with disabilities. The article proceeds in the following manner. Initially, I outline the procedural history and design of the Act. Then, in Part III, I discuss how the ADA seeks to ensure the increased participation of persons with disabilities in courtroom practices and procedures. In Part IV, I discuss the Act's Title II, Public Services, which controls access to and accommodations by the state courts. Next, I trace the discrimination frequently faced by persons with disabilities, which is illustrated by a …
There Goes The Neighborhood: The Evolution Of "Family" In Local Zoning Ordinances, William Graham
There Goes The Neighborhood: The Evolution Of "Family" In Local Zoning Ordinances, William Graham
Touro Law Review
No abstract provided.
The Ada As A Tool For Advocacy: A Strategy For Fighting Employment Discrimination Against People With Disabilities, Ellen M. Saideman
The Ada As A Tool For Advocacy: A Strategy For Fighting Employment Discrimination Against People With Disabilities, Ellen M. Saideman
Journal of Law and Health
There are essentially three different theories that are used to prove discrimination against people with disabilities: disparate treatment- that a person has been treated differently because of membership in a protected class - may be proved by direct evidence of discrimination or by inference. Today, employers are often open about discriminating against people with disabilities. They frequently know little about disabilities and make their decisions based on stereotypes rather than on individualized assessments. Further, medical examinations and inquiries are required by the ADA to be conducted after a job has been offered thereby enabling job applicants to determine that their …
Designing Reasonable Accomodations Through Co-Worker Participation: Therapeutic Jurisprudence And The Confidentiality Provision Of The Americans With Disabilities Act, Rose A. Daly-Rooney
Designing Reasonable Accomodations Through Co-Worker Participation: Therapeutic Jurisprudence And The Confidentiality Provision Of The Americans With Disabilities Act, Rose A. Daly-Rooney
Journal of Law and Health
The Americans with Disabilities Act prohibits discrimination on the basis of disability in employment, public accommodations, transportation, communication, and services provided by state and local government. Title I of the ADA addresses employment discrimination against people with disabilities. Among other things, the ADA prohibits an employer from rejecting an applicant solely because of the need to provide that applicant with a reasonable accommodation. At the same time, the ADA requires that an employer maintain confidentiality about the applicant or employee's medical condition or medical history obtained during acceptable inquiries, including those inquiries needed to design appropriate accommodations.
Effectively Implementing Title 1 Of The Americans With Disabilities Act For Mentally Disabled Persons: A Therapeutic Jurisprudence Analysis, Deborah A. Dorfman
Effectively Implementing Title 1 Of The Americans With Disabilities Act For Mentally Disabled Persons: A Therapeutic Jurisprudence Analysis, Deborah A. Dorfman
Journal of Law and Health
This article discusses the potential impact that Title I has on the lives of individuals with mental disabilities and methods by which it can be most effectively implemented and enforced. The following section discusses the potential impact that Title I can have on the lives of the mentally disabled, specifically in the areas of independent living and quality of life. Part III will examine problems enforcing Title I which interfere with the ability of the mentally disabled to fully benefit from the statute. The second half of this article discusses how to best implement and enforce Title I from a …
The Use Of Interpreters For The Deaf And The Legal Community's Obligation To Comply With The A.D.A., Jo Anne Simon
The Use Of Interpreters For The Deaf And The Legal Community's Obligation To Comply With The A.D.A., Jo Anne Simon
Journal of Law and Health
Title II of the ADA, which most closely resembles section 504 of the Rehabilitation Act of 1973, requires that state and local government facilities, including courts, be accessible to individuals with disabilities. Title III of the Act requires that public accommodations be accessible to persons with disabilities. The Act specifically includes attorney's offices in its definition of public accommodation. Title II and III of the Act require that reasonable accommodations be provided to qualified persons with disabilities, unless such provision would fundamentally alter the goods, services or programs provided. Reasonable accommodations can take the form of auxiliary aids and services, …