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Disability Law Commons

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Journal

2012

Discipline
Institution
Keyword
Publication

Articles 1 - 30 of 35

Full-Text Articles in Disability Law

Doubly Protected And Doubly Discriminated: The Paradox Of Women With Disabilities After Conflict, Kathleen Cornelsen Dec 2012

Doubly Protected And Doubly Discriminated: The Paradox Of Women With Disabilities After Conflict, Kathleen Cornelsen

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Determining The Appropriate Framework For Commuting Accommodations Under The Americans With Disabilities Act, Samrah Mahmoud Dec 2012

Determining The Appropriate Framework For Commuting Accommodations Under The Americans With Disabilities Act, Samrah Mahmoud

UC Irvine Law Review

No abstract provided.


Beyond Abortion: Human Genetics And The New Eugenics, John R. Harding Jr. Nov 2012

Beyond Abortion: Human Genetics And The New Eugenics, John R. Harding Jr.

Pepperdine Law Review

No abstract provided.


Assisted Suicide: A Tough Pill To Swallow, Mary Margaret Penrose Nov 2012

Assisted Suicide: A Tough Pill To Swallow, Mary Margaret Penrose

Pepperdine Law Review

No abstract provided.


Bragdon V. Abbott: The Supreme Court's Anti-Discrimination Advocacy And The Reopening Of Pandora's Box , Brett D. Watson Oct 2012

Bragdon V. Abbott: The Supreme Court's Anti-Discrimination Advocacy And The Reopening Of Pandora's Box , Brett D. Watson

Pepperdine Law Review

No abstract provided.


Continuing Combat At Home: How Judges And Attorneys Can Improve Their Handling Of Combat Veterans With Ptsd In Criminal Courts, Jeffrey Lewis Wieand Jr. Sep 2012

Continuing Combat At Home: How Judges And Attorneys Can Improve Their Handling Of Combat Veterans With Ptsd In Criminal Courts, Jeffrey Lewis Wieand Jr.

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Medicating The Ada - Sutton V. United Airlines, Inc.: Considering Mitigating Measures To Define Disability, Ian D. Thompson Jul 2012

Medicating The Ada - Sutton V. United Airlines, Inc.: Considering Mitigating Measures To Define Disability, Ian D. Thompson

Pepperdine Law Review

No abstract provided.


Cedar Rapids Community School District V. Garret F.: A High Price For Equal Education , Kristie Harding Jul 2012

Cedar Rapids Community School District V. Garret F.: A High Price For Equal Education , Kristie Harding

Pepperdine Law Review

No abstract provided.


A Group Home Exclusively For Married Couples With Developmental Disabilities: A Natural Next-Step, Marissa Debellis Jul 2012

A Group Home Exclusively For Married Couples With Developmental Disabilities: A Natural Next-Step, Marissa Debellis

Touro Law Review

No abstract provided.


Discouraging Voluntary Disclosure: Eeoc V. C.R. England And Confidentiality Under The Ada, Jessica Jones May 2012

Discouraging Voluntary Disclosure: Eeoc V. C.R. England And Confidentiality Under The Ada, Jessica Jones

BYU Law Review

No abstract provided.


Federal Efforts To Achieve Mental Health Parity: A Step In The Right Direction, But Discrimination Remains, Lucas Quass Apr 2012

Federal Efforts To Achieve Mental Health Parity: A Step In The Right Direction, But Discrimination Remains, Lucas Quass

Legislation and Policy Brief

Prior to the 1970s, many healthcare plans in the U.S. offered benefits without discriminating between mental health and general healthcare coverage. In the 1970s and 1980s, the cost of healthcare increased dramatically and employers eliminated or limited mental health benefits in an attempt to reduce insurance costs. To manage insurance costs, employers began using more cost sharing mechanisms and benefit caps on mental health benefits. However, these limitations were not applied equally to mental health and general health benefits and a coverage disparity was created. Today, insurers often do not provide coverage for mental health on the same terms as …


The Americans With Disabilities Act: Should The Amendments To The Act Help Individuals With Mental Illness?, Abigail J. Schopick Apr 2012

The Americans With Disabilities Act: Should The Amendments To The Act Help Individuals With Mental Illness?, Abigail J. Schopick

Legislation and Policy Brief

On July 26, 1990, President George H.W. Bush signed into law the Americans with Disabilities Act of 1990 (ADA). The ADA was intended to eliminate discrimination against individuals with disabilities by expanding the Rehabilitation Act (Rehab Act) to cover people with disabilities in need of coverage from a non-federal employer or entity. Unfortunately, due to a number of Supreme Court cases narrowing the focus of the ADA, the individuals that were intended by Congress to have full protection under the law were no longer assured adequate coverage. In 2008, in response to the narrowing of the definition of disability and …


Jumping On The Bandwagon: The United States Supreme Court Prohibits The Execution Of Mentally Retarded Persons In Atkins V. Virginia, Lisa Odom Apr 2012

Jumping On The Bandwagon: The United States Supreme Court Prohibits The Execution Of Mentally Retarded Persons In Atkins V. Virginia, Lisa Odom

Pepperdine Law Review

No abstract provided.


I'M So Lonesome I Could Cry ... But Could I Sue?: Whether 'Interacting With Others' Is A Major Life Activity Under The Ada, Bryan P. Stephenson Apr 2012

I'M So Lonesome I Could Cry ... But Could I Sue?: Whether 'Interacting With Others' Is A Major Life Activity Under The Ada, Bryan P. Stephenson

Pepperdine Law Review

No abstract provided.


Toyota Motor Manufacturing V. Williams: A Case Of Carpal Tunnel Syndrome Weakens The Grip Of The Americans With Disabilities Act, Andrea Kloehn Naef Apr 2012

Toyota Motor Manufacturing V. Williams: A Case Of Carpal Tunnel Syndrome Weakens The Grip Of The Americans With Disabilities Act, Andrea Kloehn Naef

Pepperdine Law Review

No abstract provided.


The Section 5 Power After Tennessee V. Lane, William D. Araiza Mar 2012

The Section 5 Power After Tennessee V. Lane, William D. Araiza

Pepperdine Law Review

No abstract provided.


The Aclu And The Propriety Of Dispute Resolution In Civil Rights Controversies, Amber Mckinney Mar 2012

The Aclu And The Propriety Of Dispute Resolution In Civil Rights Controversies, Amber Mckinney

Pepperdine Dispute Resolution Law Journal

Section I examines the history, purpose, and methodology of the American Civil Liberties Union. Section II discusses the historical development and use of Alternative Dispute Resolution. Section III, Part A provides examples of its use in environmental controversies, Americans with Disabilities Act disputes, and employment conflicts. Section III, Part B explains the arguments for and against the use of Alternative Dispute Resolution in Civil Rights Controversies. Section IV, Part A looks at examples of the use of Alternative Dispute Resolution by the American Civil Liberties Union, while Part B provides insight into the interplay of Alternative Dispute Resolution and the …


New Amendments To Resolving Special Education Disputes: Any Good Ideas?, Demetra Edwards Mar 2012

New Amendments To Resolving Special Education Disputes: Any Good Ideas?, Demetra Edwards

Pepperdine Dispute Resolution Law Journal

This article first analyzes the state of affairs under the Individuals with Disabilities Education Act (IDEA), prior to the passage of the Individuals with Disabilities Education Improvement Act of 2004, and the affects that the 1997 reauthorization alternative dispute resolution amendments had on special education law. Next, this article will address the appropriateness of the newly enacted negotiation and settlement methods, specifically the resolution session provision, and the benefits and detriments for resolving special education issues using these processes. This article will further discuss the amendments regarding attorneys' fees, and finally the House's failed proposal for voluntary binding arbitration and …


Available Dispute Resolution Processes Within The Reauthorized Individuals With Disabilities Education Improvement Act (Ideia) Of 2004: Where Do Mediation Principles Fit In? , Andrea F. Blau Mar 2012

Available Dispute Resolution Processes Within The Reauthorized Individuals With Disabilities Education Improvement Act (Ideia) Of 2004: Where Do Mediation Principles Fit In? , Andrea F. Blau

Pepperdine Dispute Resolution Law Journal

The Individual Disabilities Education Act of 1997 first offered mediation processes to parents and school systems as an available dispute resolution process. Congress mandated that mediation be made available whenever a due process hearing was filed. The intent was to assist parents and school systems in resolving their differences regarding the educational needs for children with disabilities through increased discussions and collaborative efforts; this would reduce the need for costly and adversarial litigation. Alternative dispute resolution processes have taken an increasingly dominant role within the newly reauthorized IDEIA of 2004, reflecting Congressional promotion of parent and district collaboration for achieving …


The Disability History Mystery: Assessing The Employer's Reasonable Accommodation Obligation In "Record Of Disability" Cases, Michael D. Moberly Mar 2012

The Disability History Mystery: Assessing The Employer's Reasonable Accommodation Obligation In "Record Of Disability" Cases, Michael D. Moberly

Pepperdine 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 these scholarly voids. …


What Can We Hope For From Law?, Ellen S. Pryor Feb 2012

What Can We Hope For From Law?, Ellen S. Pryor

Pepperdine Law Review

What can a lawyer of faith hope for, and expect from, law? This Essay, based on the 2008 Louis Brandeis Lecture given at Pepperdine University, discusses why and how this question matters not just as a matter of theory but to our real-world lawyering journeys. The Essay discusses two of the frameworks that can shape our answer to the question: a natural law viewpoint and what the Essay calls a “Lutheran” view. After explaining how these two perspectives might lead to different expectations about the effects of law, the Essay discusses whether either of these approaches is more sustaining or …


"Mortal [K]Ombat In Cleats": An Examination Of The Effectiveness Of The National Football League's Disability Plan And Its Impact On Retired Players, Brett Edwin Lovellette Feb 2012

"Mortal [K]Ombat In Cleats": An Examination Of The Effectiveness Of The National Football League's Disability Plan And Its Impact On Retired Players, Brett Edwin Lovellette

Pepperdine Law Review

No abstract provided.


On Equal Footing: Does Accommodating Athletes With Disabilities Destroy The Competitive Playing Field Or Level It?, Sarah J. Wild Feb 2012

On Equal Footing: Does Accommodating Athletes With Disabilities Destroy The Competitive Playing Field Or Level It?, Sarah J. Wild

Pepperdine Law Review

No abstract provided.


Why Context Matters: Defining Service Animals Under Federal Law, Rebecca J. Huss Feb 2012

Why Context Matters: Defining Service Animals Under Federal Law, Rebecca J. Huss

Pepperdine Law Review

This Article analyzes the differing definitions of service animals under federal law as interpreted by three separate agencies. The regulations and case law interpreting the issue under the Americans with Disabilities Act, the Fair Housing Act, and the Air Carrier Access Act illustrate the need for further clarification in order to ensure that individuals with disabilities are granted the full protection of the law.


Gray Matters: Autism, Impairment, And The End Of Binaries, Kevin Barry Feb 2012

Gray Matters: Autism, Impairment, And The End Of Binaries, Kevin Barry

San Diego Law Review

First diagnosed by psychiatrist Leo Kanner in 1943, autism has exploded into the public consciousness in recent years. From science to science fiction, academia to popular culture, autism has captured the world's attention and imagination. Autism has also ignited a fierce debate among stakeholders who seek to define its essence. Many parents of autistic children regard autism as a scourge and press for a cure. The "neurodiversity movement," comprised mostly of autistic adults, regards autism as a different way of being worthy of respect and even celebration. The autism war is well underway, and given autism's swelling ranks and proposed …


Impairment As Protected Status: A New Universality For Disability Rights, Michelle A. Travis Jan 2012

Impairment As Protected Status: A New Universality For Disability Rights, Michelle A. Travis

Georgia Law Review

This Article analyzes the fundamental change to federal
civil rights law that Congress accomplished through the
ADA Amendments Act of 2008 (the ADAAA). Congress
enacted the ADAAA in response to a series of United States
Supreme Court opinions that had narrowly interpreted the
definition of disability in the Americans with Disabilities
Act of 1990. Although many commentators have
recognized the ADAAA's intent to restore the class of
individuals with disabilities to the breadth that Congress
originally intended, this Article argues that the ADAAA
accomplished something more significant: it extricated
disability from the broader concept of impairment. As a
result, the …


Childhood, Interrupted: Encouraging The De-Institutionalization Of Utah's State Hospital, Sara Montoya Jan 2012

Childhood, Interrupted: Encouraging The De-Institutionalization Of Utah's State Hospital, Sara Montoya

Utah OnLaw: The Utah Law Review Online Supplement

While boasting a culture that is rich in family and community values, Utah ought to be leading the way in developing and implementing a comprehensive and efficient system of care that protects children and families by placing tools within the home and the community to strengthen these core units of Utah society. Further, with the Utah State Hospital at the end of its physical lifespan, and a crippled economy requiring more budget pinching than ever, the timing is particularly conducive to taking these crucial steps forward. With these litigation tools, an advocacy group or family might be able to successfully …


Implementing Legal Capacity Under Article 12 Of The Un Convention On The Rights Of Persons With Disabilities: The Difficult Road From Guardianship To Supported Decision-Making, Robert D. Dinerstein Jan 2012

Implementing Legal Capacity Under Article 12 Of The Un Convention On The Rights Of Persons With Disabilities: The Difficult Road From Guardianship To Supported Decision-Making, Robert D. Dinerstein

Human Rights Brief

No abstract provided.


When Treatment Is Torture: Protecting People With Disabilities Detained In Institutions, Eric Rosenthal, Laurie Ahern Jan 2012

When Treatment Is Torture: Protecting People With Disabilities Detained In Institutions, Eric Rosenthal, Laurie Ahern

Human Rights Brief

No abstract provided.