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Americans with Disabilities Act

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Full-Text Articles in Disability Law

Classifying Wcag 2.0 Guidelines As The Legal Standard For Websites Under Title Iii Of The Americans With Disabilities Act, Toni Cannady Mar 2019

Classifying Wcag 2.0 Guidelines As The Legal Standard For Websites Under Title Iii Of The Americans With Disabilities Act, Toni Cannady

Catholic University Law Review

Over the last two decades, technological advancements have driven significant changes in society that have led to more productivity, more convenience, and more accessibility. In particular, websites serve as a platform for consumers to engage in commerce. Under Title III of the Americans with Disabilities Act, public accommodations are prohibited from discriminating on the basis of disability. Nonetheless, to date, the law “has failed to keep pace with these technological advances” creating profound effects for individuals with disabilities and businesses alike. However, in the absence of clearly defined standards, lawsuits by plaintiffs have fueled a new body of judicially made ...


Why America Is Better Off Because Of The Americans With Disabilities Act And The Individuals With Disabilities Education Act, Peter Blanck Jan 2019

Why America Is Better Off Because Of The Americans With Disabilities Act And The Individuals With Disabilities Education Act, Peter Blanck

Touro Law Review

No abstract provided.


From Storefront To Dashboard: The Use Of The Americans With Disabilities Act To Govern Websites, Kelby S. Carlson Aug 2018

From Storefront To Dashboard: The Use Of The Americans With Disabilities Act To Govern Websites, Kelby S. Carlson

Catholic University Law Review

The question of the effects of technological change on the interpretation of statutes is a complicated one. Particularly for statutes that govern a broad range of issues, the advent of new technology can precipitate re-examination of the rationale behind, and nature of, the relevant law. The Americans with Disabilities Act was enacted, in part, to give Americans with disabilities greater access to public space, allowing them to enjoy the advantages such access offers on an equal footing with the able-bodied. The adoption of digital technology across society and, in particular, the widespread ubiquity of the internet now raise questions about ...


A Call For Ncaa Adapted Sports Championships: Following The Eastern College Athletic Conference’S Lead To Nationalize Collegiate Athletic Opportunities For Student-Athletes With Disabilities, Dayle Marie Comerford Jan 2018

A Call For Ncaa Adapted Sports Championships: Following The Eastern College Athletic Conference’S Lead To Nationalize Collegiate Athletic Opportunities For Student-Athletes With Disabilities, Dayle Marie Comerford

Marquette Sports Law Review

None


Higher Education Institutions' Treatment Of Students Deemed A "Direct Threat" To Themselves And The Ada, Dana Martin May 2017

Higher Education Institutions' Treatment Of Students Deemed A "Direct Threat" To Themselves And The Ada, Dana Martin

Northwestern Journal of Law & Social Policy

As the rates of mental illness among college students continues to rise, colleges and universities are faced with new challenges in appropriately accommodating their students who struggle with these conditions. Unfortunately, misunderstanding and stigmatization of mental illness coupled with the fear of being the site of the next on-campus violent tragedy often leads schools to act adversely to the best interest of the student exhibiting at-risk behavior. This Note examines recent actions taken by schools against students demonstrating suicidal behavior in the context of Title II of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act of ...


How Minnesota's Reliance On Private Group Homes Impacts The Rights Of Indviduals With Disabilities, Abbie J. Thurmes Jan 2017

How Minnesota's Reliance On Private Group Homes Impacts The Rights Of Indviduals With Disabilities, Abbie J. Thurmes

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.


Anti-Incarcerative Remedies For Illegal Conditions Of Confinement, Margo Schlanger Aug 2016

Anti-Incarcerative Remedies For Illegal Conditions Of Confinement, Margo Schlanger

University of Miami Race & Social Justice Law Review

No abstract provided.


The Insufficiency Of The Law Surrounding Food Allergies, Aimee Nienstadt Apr 2016

The Insufficiency Of The Law Surrounding Food Allergies, Aimee Nienstadt

Pace Law Review

This paper proceeds in five parts. First, I will give an overview of food allergies. The second section will discuss legal protections at the federal level, including the ADA and other specific federal laws that are aimed at food allergies. The third section will discuss legal protections at the state level, including state laws directed at school districts and state laws directed at restaurants. The fourth section will discuss actions by the private/non-profit sector. The final section of my paper will discuss further necessary legislative changes for people with food allergies.


Expressive Law And The Americans With Disabilities Act, Alex C. Geisinger, Michael Ashley Stein Apr 2016

Expressive Law And The Americans With Disabilities Act, Alex C. Geisinger, Michael Ashley Stein

Michigan Law Review

The question of why people follow the law has long been a subject of scholarly consideration. Prevailing accounts of how law changes behavior coalesce around two major themes: legitimacy and deterrence. Advocates of legitimacy argue that law is obeyed when it is created through a legitimate process and its substance comports with community mores. Others emphasize deterrence, particularly those who subscribe to law-and-economics theories. These scholars argue that law makes certain socially undesirable behaviors more costly, and thus individuals are less likely to undertake them.


Special Treatment Stigma After The Ada Amendments Act, Nicole Buonocore Porter Mar 2016

Special Treatment Stigma After The Ada Amendments Act, Nicole Buonocore Porter

Pepperdine Law Review

This article explores a unique source of stigma suffered by individuals with disabilities in the workplace. Instead of focusing on those with the most stigmatizing disabilities, I focus on those individuals who have disabilities that are not perceived as very severe, yet they still suffer stigma. These individuals are stigmatized because of the special treatment they receive (or are perceived as receiving) through workplace accommodations provided pursuant to the Americans with Disabilities Act (ADA). In prior work, I have called this phenomenon “special treatment stigma,” the harm that arises from receiving special treatment in the workplace, especially when co-workers believe ...


For The Protection Of Society's Most Vulnerable, The Ada Should Apply To Arrests, Thomas J. Auner Jan 2016

For The Protection Of Society's Most Vulnerable, The Ada Should Apply To Arrests, Thomas J. Auner

Loyola of Los Angeles Law Review

No abstract provided.


Trying To Fit A Square Peg Into A Round Hole: Why Title Ii Of The Americans With Disabilities Act Must Apply To All Law Enforcement Services, Michael Pecorini Jan 2016

Trying To Fit A Square Peg Into A Round Hole: Why Title Ii Of The Americans With Disabilities Act Must Apply To All Law Enforcement Services, Michael Pecorini

Journal of Law and Policy

Police use of force has been subject to greater scrutiny in recent years in the wake of several high-profile killings of African Americans. Less attention, however, has been paid to the increasingly routine violent encounters between police and individuals with mental illness or intellectual and development disabilities (“I/DD”). This is particularly problematic, as police have become the de-facto first responders to these individuals and far too often police responses to these individuals result in tragedy.

This Note argues that the Americans with Disabilities Act requires law enforcement to provide reasonable accommodations during their interactions with and seizures of individuals ...


Organ Transplantation Eligibility: Discrimination On The Basis Of Cognitive Disability, Tien-Kha Tran Jan 2016

Organ Transplantation Eligibility: Discrimination On The Basis Of Cognitive Disability, Tien-Kha Tran

Journal of Law and Policy

Congress passed the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990 in response to the extensive history of discrimination Americans with disabilities have faced. These federal statutes provide that no individual is to be precluded from enjoying the programs provided by certain entities solely on the basis of their disability. However, this is difficult in regards to organ transplantation and individuals with cognitive disabilities. The issue lies where a physician is faced with the difficult decision in pursuing their moral and ethical obligations to preserve life while determining whether a specific cognitive disability is a contraindication ...


Towards Reasonable: The Rise Of State Pregnancy Accommodation Laws, Stephanie A. Pisko Jan 2016

Towards Reasonable: The Rise Of State Pregnancy Accommodation Laws, Stephanie A. Pisko

Michigan Journal of Gender & Law

In light of the recent Supreme Court decision Young v. UPS, pregnancy accommodation in the workplace is once again at the forefront of employment law. Pregnancy is not considered a disability under the ADA, nor is it within the scope of Title VII protections, but states are passing their own pregnancy accommodation laws. These laws will affect employers and employees alike, but exactly how is uncertain. Perhaps the most natural (and obvious) result of the explosion of state pregnancy accommodation laws will be a federal law, or an amendment to the ADA categorizing pregnancy as a disability. But there are ...


Schooling The Police: Race, Disability, And The Conduct Of School Resource Officers, Amanda Merkwae Oct 2015

Schooling The Police: Race, Disability, And The Conduct Of School Resource Officers, Amanda Merkwae

Michigan Journal of Race and Law

On March 25, 2015, police officers effectuated a violent seizure of a citizen in Kenner, Louisiana: [T]he police grabbed her by the ankles and dragged her away [from the tree]. . . . [She was] lying face down on the ground, handcuffed with her face pressed so closely to the ground that she was having difficulty breathing due to the grass and dirt that was so close to her nose and mouth. An officer was kneeling on top of her, pinning her down with a knee squarely in [her] back. Several other officers, as well as several school administrators, stood around the ...


Law And The Revolution In Neuroscience: An Early Look At The Field, Henry T. Greely Jun 2015

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 ...


An Idea For Special Education: Why The Idea Should Have Primacy Over The Ada In Adjudicating Education Claims For Students With Disabilities, Angela Estrella-Lemus May 2015

An Idea For Special Education: Why The Idea Should Have Primacy Over The Ada In Adjudicating Education Claims For Students With Disabilities, Angela Estrella-Lemus

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


There's No Place Like Work: How Modern Technology Is Changing The Judiciary's Approach To Work-At-Home Arrangements As An Ada Accommodation, Benjamin D. Johnson May 2015

There's No Place Like Work: How Modern Technology Is Changing The Judiciary's Approach To Work-At-Home Arrangements As An Ada Accommodation, Benjamin D. Johnson

University of Richmond Law Review

No abstract provided.


Shelby, Race, And Disability Rights, Ravi Malhotra Apr 2015

Shelby, Race, And Disability Rights, Ravi Malhotra

Journal of Race, Gender, and Ethnicity

No abstract provided.


The Disability-Employability Divide: Bottlenecks To Equal Opprotunity, Bradley A. Areheart, Michael Ashley Stein Apr 2015

The Disability-Employability Divide: Bottlenecks To Equal Opprotunity, Bradley A. Areheart, Michael Ashley Stein

Michigan Law Review

Equal opportunity might appear to comprise a relatively simple question: Do similarly situated persons have an equal chance to attain a particular goal, or do obstacles irrelevant to their qualifications or to the desired goal preclude achievement? But equal opportunity is complicated.1 There are descriptive and prescriptive dimensions to this question. Nuances exist when determining who is similarly situated, whether those individuals have the same opportunity, what goals we care about equalizing, and whether the ultimate aspiration is equality of opportunity or equality of outcome. Moreover, what means should we employ to remove obstacles, are these means likely to ...


Designing A Flexible World For The Many: "Essential Functions" And Title I Of The Americans With Disabilities Act, Michael J. Powers Jan 2014

Designing A Flexible World For The Many: "Essential Functions" And Title I Of The Americans With Disabilities Act, Michael J. Powers

University of Michigan Journal of Law Reform

This Note explores how courts interpret the meaning of “essential functions” under Title I of the Americans with Disabilities Act. To be protected under the ADA, a plaintiff must be able to perform the “essential functions” of her job with or without a reasonable accommodation. In general, courts follow one of two approaches when interpreting this phrase. The first approach narrowly focuses on the employer’s judgment regarding which functions are essential. The second approach considers the employer’s judgment, but looks beyond to consider the broader employment relationship. This Note argues that these different approaches have led to varying ...


Americans With Disabilities Act Of 1990, Robert B. Fitzpatrick Apr 2013

Americans With Disabilities Act Of 1990, Robert B. Fitzpatrick

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Practical Tips For Employers For Compliance With The Ada , Patrick L. Clancy Apr 2013

Practical Tips For Employers For Compliance With The Ada , Patrick L. Clancy

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Alcoholism As A Disability Under The Social Security Act - An Analysis Of The History, And Proposals For Change, Joyce Krutick Barlow Apr 2013

Alcoholism As A Disability Under The Social Security Act - An Analysis Of The History, And Proposals For Change, Joyce Krutick Barlow

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Procedures And Remedies Under Section 504 And The Ada For Public School Children With Disabilities, Mark C. Weber Apr 2013

Procedures And Remedies Under Section 504 And The Ada For Public School Children With Disabilities, Mark C. Weber

Journal of the National Association of Administrative Law Judiciary

Much has been written about procedures and remedies under the Individuals with Disabilities Education Act, but few scholars have explored procedural rights and corresponding mechanisms of administrative and judicial relief for victims of public schools' violations of children's rights under section 504 of the Rehabilitation Act of 1973 and title II of the Americans with Disabilities Act. This paper will discuss the administrative procedures that must be followed in hearings regarding complaints of violations of those laws by public school districts and the relief that hearing officers and courts may provide. It will begin with an update on developments ...


Disabled Students' Rights Of Access To Charter Schools Under The Idea, Section 504 And The Ada, Robert A. Garda Jr. Apr 2013

Disabled Students' Rights Of Access To Charter Schools Under The Idea, Section 504 And The Ada, Robert A. Garda Jr.

Journal of the National Association of Administrative Law Judiciary

Charter schools are under increasing attack for denying admission to disabled students. But traditional schools also turn away disabled students, often preventing them from attending schools in their neighborhood or within their district. This Article discusses when a school is permitted under federal disability law to deny admission to a disabled student. After nearly four decades of special education jurisprudence and regulatory guidance, the circumstances under which a student with a disability may be denied admission to a particular school are still remarkably unclear. This Article first discusses the ‘zero-reject‘ principle underlying the Individuals with Disabilities Education Act and concludes ...


"It's Not You, It's Me" - When Are Client Companies Liable For Staffing Firms' Discriminatory Hiring Practices?, Lara Samuels Jan 2013

"It's Not You, It's Me" - When Are Client Companies Liable For Staffing Firms' Discriminatory Hiring Practices?, Lara Samuels

American University Business 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.


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.


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.