Disability Law Commons^™

Exile And The Kingdom: Integration, Harassment, And The Americans With Disabilities Act, Mark C. Weber

Maryland Law Review

No abstract provided.

Employment Law: Reasonable Accomodation Under The Americans With Disabilities Act Vs. Employee Seniority Rights: Understanding The Real Conflict In U.S. Airways V. Barnett, Blake Sonne

Oklahoma Law Review

No abstract provided.

Insulin-Dependent Diabetes And Access To Treatment In The Workplace: The Failure Of The Americans With Disabilities Act To Provide Protection, 37 J. Marshall L. Rev. 957 (2004), Margaret C. Mcgrath

UIC Law Review

No abstract provided.

Restored To Health To Be Put To Death: Reconciling The Legal And Ethical Dilemmas Of Medication To Execute In Singleton V. Norris, Kursten Hensl

Villanova Law Review

No abstract provided.

The Need For Parity In Health Insurance Benefits For The Mentally And Physically Disabled: Questioning Inconsistency Between Two Leading Anti-Discrimination Laws, Sarah Ritz

Journal of Law and Health

Discriminatory practices by the insurance industry, such as benefit limits (caps) on mental health services coverage, or complete lack of mental health care coverage fuel the disparate treatment of those with mental disabilities. These discriminatory practices have been the subject of much debate, and cases challenging those principles have not fared well in the court system. These insurance practices, which single out persons with mental illness and provide them with little or no benefits for mental health care, violate the terms of the Americans with Disabilities Act ("ADA"), and are inconsistent with other laws that seek to remedy discrimination against …

Anthony V. City Of New York, Roy G. Locke Jr.

NYLS Law Review

No abstract provided.

Our Right To Work, Our Demand To Be Heard: People With Disabilities, The 2004 Election, And Beyond, The Honorable Tony Coelho

NYLS Law Review

No abstract provided.

Introduction: Understanding The Context For The “Coelho Challenge”, Seth D. Harris

NYLS Law Review

No abstract provided.

Bates And Olmstead: Court-Initiated Strategies To Implement Community Inclusion Of Persons With Psychiatric And Other Long-Term Disabilities, Theresa A. Laurie

Maine Policy Review

In this commentary, Theresa Laurie discusses the impact of the Bates and Olmstead court decisions regarding the rights of the disabled, and their applicability to people with psychiatric and other long-term disabilities. She notes that Maine will have to make policy adjustments in order to redefine program objectives based on these court decisions.

Why Can't Discrimination Be Discrimination? Johnson V. K Mart Corp. And The Meaning Of "Discrimination" Under The Americans With Disabilities Act, Todd Prall

BYU Law Review

No abstract provided.

Three Steps And You're Out: The Misuse Of The Sequential Evaluation Process In Child Ssi Disability Determinations, Frank S. Bloch

University of Michigan Journal of Law Reform

The federal Supplemental Security Income (SSI) program provides cash benefits to financially needy persons who are 65 years of age or older, blind, or disabled. It also provides cash benefits to children with disabilities under the age of 18. This Article examines three sets of regulatory efforts to implement special disability standards for children, based first on the original SSI legislation, then on a seminal Supreme Court decision, and finally on amendments to the Social Security Act overruling the Court's decision, and shows how the "sequential evaluation process," which has been useful for adjudicating adult disability claims, has been a …

Is There Light At The End Of The Tunnel? Balancing Finality And Accuracy For Federal Black Lung Benefits Awards, Brian L. Hager

Washington and Lee Law Review

No abstract provided.

Atkins V. Virginia: The Court's Failure To Recognize What Lies Beneath, Jaime L. Henshaw

University of Richmond Law Review

No abstract provided.

Crazy (Mental Illness Under The Ada), Jane Byeff Korn

University of Michigan Journal of Law Reform

This Article examines how people with mental disabilities and mental illnesses have been treated under the Americans with Disabilities Act. Part I addresses the history of mental illness. It argues that while beliefs about the causes and content of mental illness have vacillated over time, the mentally ill have received consistently poor treatment throughout human history. Part II addresses present problems with the definition of mental illness, including how mental illness and mental disability are defined under the Americans with Disabilities Act.

Part III discusses the problems faced by people with mental illness today. The author argues the current state …

Disability Harassment: How Far Should The Ada Follow In The Footsteps Of Title Vii?, Leah C. Myers

Brigham Young University Journal of Public Law

No abstract provided.

Disaggregating Antidiscrimination And Accommodation, J. H. Verkerke

William & Mary Law Review

No abstract provided.

The Americans With Disabilities Act As Welfare Reform, Samuel R. Bagenstos

William & Mary Law Review

No abstract provided.

Disability-Based Harrassment: Standing And Standards For A "New" Cause Of Action, Holland M. Tahvonen

William & Mary Law Review

No abstract provided.

"Discredited" And "Discreditable:" The Search For Political Identity By People With Psychiatric Diagnoses, Susan Stefan

William & Mary Law Review

No abstract provided.

Foreword: Disability And Identity, Michael Ashley Stein

William & Mary Law Review

No abstract provided.

Reasonable Accommodation Of Workplace Disabilities, Stewart J. Schwab, Steven L. Willborn

William & Mary Law Review

No abstract provided.

"Never Forget What They Did Here": Civil War Pensions For Gettysburg Union Army Veterans And Disability In Nineteenth-Century America, Peter Blanck, Chen Song

William & Mary Law Review

No abstract provided.

Labor Force Participation And Income Of Individuals With Disabilities In Sheltered And Competitive Employment: Cross-Sectional And Longitudinal Analyses Of Seven States During The 1980s And 1990s, Peter Blanck, Helen A. Schartz, Kevin M. Schartz

William & Mary Law Review

The purpose of this investigation was to examine the labor force participation and wages of individuals with disabilities who have transitioned from facility-based (i.e., sheltered) work to employment in integrated and competitive settings. The investigators had access to data from seven states on the labor force participation and wages of more than 3000 individuals with disabilities who have moved from institutional to community placements over the past two decades.

Among the findings: the majority of individuals in these geographically diverse samples were unemployed over time; sheltered employment prepared some individuals for entry into employment in integrated settings and resulted in …

Disability, Reciprocity, And "Real Efficiency": Unified Approach, Amy L. Wax

William & Mary Law Review

No abstract provided.

Identity And Disability In The Workplace, Susanne M. Bruyere, William A. Erickson, Joshua T. Ferrentino

William & Mary Law Review

No abstract provided.

Disabiling The Ada: Essences, Better Angels, And Unprincipled Neutrality Claims, Aviam Soifer

William & Mary Law Review

No abstract provided.

Supreme Court Weighs Rehabilitating Against Rule-Breaking Under The Ada, Mary E. O'Malley

Public Interest Law Reporter

No abstract provided.

California School Administrator May Be Personally Liable For Idea Violation, Amanda Strainis-Walker

Public Interest Law Reporter

No abstract provided.

An Unfortunate Reversal Of Fortune: The Supreme Court's Narrowing Of The Americans With Disabilities Act, Barry C. Taylor

Public Interest Law Reporter

No abstract provided.

Department Of Justice Sues Sfx Entertainment Over Ban On Diabetic Equipment, Molly Mack

Public Interest Law Reporter

No abstract provided.