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Articles 1 - 23 of 23
Full-Text Articles in Disability Law
Blindsight: How We See Disabilities In Tort Litigation, Anne Bloom, Paul Steven Miller
Blindsight: How We See Disabilities In Tort Litigation, Anne Bloom, Paul Steven Miller
Washington Law Review
Tort litigation operates with a distorted perspective of disability. It suffers from blindsight; it does not see people with disabilities the way they see themselves. Disability advocates emphasize that most people with disabilities lead happy lives. Deeply rooted biases, however, make it difficult for this perspective to be recognized. Tort litigation’s heavy emphasis on medical testimony and its repeated portrayal of plaintiffs as “less than whole” over-emphasize the physical aspects of disability and unfairly depict people with disabilities as tragic. When legal actors embrace these views, they reinforce harmful stereotypes outside the courthouse doors. Newly disabled plaintiffs are also likely …
State Mandated Disability Insurance As Salve To The Consumer Bankruptcy Imbroglio, Alena Allen
State Mandated Disability Insurance As Salve To The Consumer Bankruptcy Imbroglio, Alena Allen
BYU Law Review
From Main Street to Wall Street, Americans are hurting. In 2009, over 1.4 million families filed for bankruptcy. Researchers examining the causes of bankruptcy discovered that as many as sixty-two percent of all bankruptcies were precipitated by a medical crisis. Because many Americans are living paycheck to paycheck and lack disability insurance, when a medical crisis strikes, bank accounts are quickly depleted by the amalgam of high medical bills and lost wages. Disability insurance provides needed wage replacement when a worker is unable to work due to an illness or injury. This Article presents the case for statemandated disability insurance …
Creating New Law Or Restoring The Old - Retroactivity And The Americans With Disabilities Amendments Act Of 2008: A Comment On Eeoc V Autozone, Frederick J. Melkey
Creating New Law Or Restoring The Old - Retroactivity And The Americans With Disabilities Amendments Act Of 2008: A Comment On Eeoc V Autozone, Frederick J. Melkey
North Carolina Central Law Review
No abstract provided.
Augmenting Advocacy: Giving Voice To The Medical-Legal Partnership Model In Medicaid Proceedings And Beyond, Marybeth Musumeci
Augmenting Advocacy: Giving Voice To The Medical-Legal Partnership Model In Medicaid Proceedings And Beyond, Marybeth Musumeci
University of Michigan Journal of Law Reform
The denial of Medicaid coverage for augmentative communication devices, despite an existing legal framework that mandates the opposite result, raises fundamental questions about what independence means for people with disabilities. This situation, compounded by the barriers in the Medicaid administrative appeal process encountered by such beneficiaries, invites new approaches to the delivery of civil legal services, such as medical-legal partnerships (MLPs). MLPs are formalized arrangements that bring lawyers into a healthcare setting to provide specialist consultations when patients experience legal problems that affect health. While there is an emerging scholarship on MLPs, this Article offers the first in-depth analysis of …
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.
Whither The Disability Rights Movement?, Robert W. Pratt
Whither The Disability Rights Movement?, Robert W. Pratt
Michigan Law Review
While reading this book in 2010, almost twenty years to the date after President George H.W. Bush signed the Americans with Disability Act ("ADA"), one realizes how much the world of politics has changed. It is difficult to remember a time when such major legislation passed the U.S. Senate by a vote of 91 to 6 and the House of Representatives by 377 to 28. Even more surprising, as we look back to 1990, is the fact that the executive branch was controlled by a different political party than the legislative branch. Contrast this legislative record with the milieu surrounding …
Television For All: Increasing Television Accessibility For The Visually Impaired Through The Fcc's Ability To Regulate Video Description Technology, Joshua S. Robare
Television For All: Increasing Television Accessibility For The Visually Impaired Through The Fcc's Ability To Regulate Video Description Technology, Joshua S. Robare
Federal Communications Law Journal
Video descriptions allow people who have visual impairments to get the full benefits from television. Through voiceovers those who have problems seeing are told what is happening on screen allowing them to get the most out of viewing television. However, the Federal Communications Commission currently lacks the authority to require broadcasters to create video descriptions for their programs following the decision in Motion Picture Association of America, Inc. v. Federal Communications Commission. This situation contrasts with closed caption which allows viewers with hearing problems read the dialog being said on screen. The FCC retained the power to regulate closed captions …
Sub-Minimum Wage Or Sub-Human? The Potential Impact On The Civil Rights Of People With Disabilities In Employment, Laura C. Hoffman
Sub-Minimum Wage Or Sub-Human? The Potential Impact On The Civil Rights Of People With Disabilities In Employment, Laura C. Hoffman
Public Interest Law Reporter
No abstract provided.
It's More Than Ramps: Housing Accessibility For People With Disabilities, Kim Borowicz, Hillary Coustan
It's More Than Ramps: Housing Accessibility For People With Disabilities, Kim Borowicz, Hillary Coustan
Public Interest Law Reporter
No abstract provided.
Keynote Speaker, Patricia A. Shiu
Keynote Speaker, Patricia A. Shiu
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Selected Bibliography Relating To Law Students And Lawyers With Disabilities, Adeen Postar
Selected Bibliography Relating To Law Students And Lawyers With Disabilities, Adeen Postar
American University Journal of Gender, Social Policy & the Law
No abstract provided.
The Gestalt Of The School-To-Prison Pipeline: The Duality Of Overrepresentation Of Minorities In Special Education And Racial Disparity In School Discipline On Minorities, Torin D. Togut
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Who’S The Boss?: The Need For Thoughtful Identification Of The Client(S) In Special Education Cases , Yael Zakai Cannon
Who’S The Boss?: The Need For Thoughtful Identification Of The Client(S) In Special Education Cases , Yael Zakai Cannon
American University Journal of Gender, Social Policy & the Law
No abstract provided.
The Underwhelming Impact Of The Americans With Disabilities Act Amendments Act, Stacy A. Hickox
The Underwhelming Impact Of The Americans With Disabilities Act Amendments Act, Stacy A. Hickox
University of Baltimore Law Review
The 2008 amendments to the Americans with Disabilities Act (ADA) were intended to expand the protection against discrimination for persons with disabilities beyond the Supreme Court's narrow interpretation of who is "disabled." While the amendments and the Equal Employment Opportunity Commission (EEOC) Americans with Disabilities Act Amendments Act (ADAAA) regulations address some of the Court's narrow interpretations of the ADA, lower courts may still be able to limit coverage of persons with disabilities who are still able to perform tasks that involve a major life activity, which is limited by their impairment, and persons who have impairments with temporary or …
Veterans Benefits In 2010: A New Dialogue Between The Supreme Court And The Federal Circuit, Paul R. Gugliuzza
Veterans Benefits In 2010: A New Dialogue Between The Supreme Court And The Federal Circuit, Paul R. Gugliuzza
American University Law Review
No abstract provided.
Masthead, Editors
Masthead, Editors
University of Pennsylvania Journal of Law and Social Change
No abstract provided.
Fragmented Lives: Disability Discrimination And The Role Of "Environment-Framing", Ani B. Satz
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 …
Assisting Law Students With Disabilities In The 21st Century, David Jaffe
Assisting Law Students With Disabilities In The 21st Century, David Jaffe
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Technology: Are You (And Your Vendors) Ahead Of, Or On The Curve?, Kenneth Hirsh, Sharon Krevor-Weisbaum, Gary Norman, Bryan Rapp
Technology: Are You (And Your Vendors) Ahead Of, Or On The Curve?, Kenneth Hirsh, Sharon Krevor-Weisbaum, Gary Norman, Bryan Rapp
American University Journal of Gender, Social Policy & the Law
No abstract provided.
The Learning Disability Mess, Ruth Colker
The Learning Disability Mess, Ruth Colker
American University Journal of Gender, Social Policy & the Law
No abstract provided.
How Idea Fails Families Without Means: Causes And Corrections From The Frontlines Of Special Education, Elisa Hyman, Dean Hill Rivkin, Stephen A. Rosenbaum
How Idea Fails Families Without Means: Causes And Corrections From The Frontlines Of Special Education, Elisa Hyman, Dean Hill Rivkin, Stephen A. Rosenbaum
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Racial Perspectives On Eligibility For Special Education For Students Of Color Who Are Struggling, Is Special Education A Potential Evil Or A Potential Good?, Jonathan Feldman
Racial Perspectives On Eligibility For Special Education For Students Of Color Who Are Struggling, Is Special Education A Potential Evil Or A Potential Good?, Jonathan Feldman
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Research Project Bar Examination Accommodations For Adhd Graduates, Neha Sampat, Esme Grant
Research Project Bar Examination Accommodations For Adhd Graduates, Neha Sampat, Esme Grant
American University Journal of Gender, Social Policy & the Law
No abstract provided.