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Articles 841 - 870 of 1099
Full-Text Articles in Disability Law
Not Like It Was In The Old Days: Is The Americans With Disabilities Act Changing The Face Of Sports As We Know It, Amy M. Kearney
Not Like It Was In The Old Days: Is The Americans With Disabilities Act Changing The Face Of Sports As We Know It, Amy M. Kearney
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
Unlawful Discrimination Or A Necessity For A Fair Trial?: Exclusion Of A Law Clerk With A Disability From The Courtroom During Jury Trial Of A Personal Injury Case, Luther A. Granquist
Unlawful Discrimination Or A Necessity For A Fair Trial?: Exclusion Of A Law Clerk With A Disability From The Courtroom During Jury Trial Of A Personal Injury Case, Luther A. Granquist
William Mitchell Law Review
Today, the judicial system, broadly viewed to include bench and bar, jurors, and court personnel, includes more persons of color and more women than ever before. Issues of discrimination on the basis of race and gender continue, but progress has been made. However, few persons with evident disabilities practice law or sit on the bench. Perhaps that is why the very presence of a man with serious disabilities prompts concerns about the effect that he will have, just being there, on the outcome of a case. When more persons with evident disabilities, more persons who use wheelchairs or have personal …
Americans With Disabilities Act (Ada), Seventh Circuit Review, 36 J. Marshall L. Rev. 953 (2003), Paul Cherner, Abel Leon
Americans With Disabilities Act (Ada), Seventh Circuit Review, 36 J. Marshall L. Rev. 953 (2003), Paul Cherner, Abel Leon
UIC Law Review
No abstract provided.
Access To The Courts: A Blueprint For Successful Litigation Under The Americans With Disabilities Act And The Rehabilitation Act, Marc Charmatz, Antoinette Mcrae
Access To The Courts: A Blueprint For Successful Litigation Under The Americans With Disabilities Act And The Rehabilitation Act, Marc Charmatz, Antoinette Mcrae
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
The Latex Allergy Crisis: Proposing A Healthy Solution To The Dilemma Facing The Medical Community, Lynn Cherne-Breckner
The Latex Allergy Crisis: Proposing A Healthy Solution To The Dilemma Facing The Medical Community, Lynn Cherne-Breckner
Journal of Law and Health
The explosion in the number and severity of latex allergies began with the emergence of the AIDS epidemic as the Centers for Disease Control issued universal precautions advising health care workers to use protective barriers to prevent the spread of the infection. This resulted in constant use of the gloves by medical workers and a great increase in demand for cost effective gloves. Essentially, the quality of the glove making process decreased, increasing the amount of allergy inducing proteins excreted to wearers. Afflicted workers include physicians, nurses, dentists, dental hygienists, operating room personnel, laboratory technicians and ambulance attendants among others. …
A Sanist Will?, Pamela R. Champine
Title Vii Retaliation, A Unique Breed, 36 J. Marshall L. Rev. 925 (2003), David Anthony Rutter
Title Vii Retaliation, A Unique Breed, 36 J. Marshall L. Rev. 925 (2003), David Anthony Rutter
UIC Law Review
No abstract provided.
Safe, But Not Sound: Limiting Safe Harbor Immunity For Health And Disability Insurers And Self-Insured Employers Under The Americans With Disabilities Act, Rachel Schneller Ziegler
Safe, But Not Sound: Limiting Safe Harbor Immunity For Health And Disability Insurers And Self-Insured Employers Under The Americans With Disabilities Act, Rachel Schneller Ziegler
Michigan Law Review
When Congress passed the Americans with Disabilities Act ("ADA") on July 26, 1990, supporters heralded the Act as a full-scale victory for the 43 million disabled Americans. The Act's protections went far beyond those of its predecessor, the Rehabilitation Act of 1974, which only prohibited discrimination against individuals with disabilities by entities receiving federal funding. The new act was intended to prevent discrimination by private and public employers, public services, and public accommodations. In a bill signing ceremony at the White House, in front of more than two thousand advocates for the disabled, then President George Bush likened the ADA …
Education Law, D. Patrick Lacy Jr., Kathleen S. Mehfoud
Education Law, D. Patrick Lacy Jr., Kathleen S. Mehfoud
University of Richmond Law Review
No abstract provided.
Health Care Law, Peter M. Mellette, Emily W. G. Towey, J. Vaden Hunt
Health Care Law, Peter M. Mellette, Emily W. G. Towey, J. Vaden Hunt
University of Richmond Law Review
No abstract provided.
Least Restrictive Environments: Assessing Classroom Placement Of Students With Disabilities Under The Idea, Sarah E. Farley
Least Restrictive Environments: Assessing Classroom Placement Of Students With Disabilities Under The Idea, Sarah E. Farley
Washington Law Review
The Individuals with Disabilities Education Act (IDEA) requires school districts to educate all students receiving special education in the "least restrictive environment" appropriate for each student's needs. This provision reflects Congress' preference that children with disabilities be educated alongside their non-disabled peers to the maximum extent possible. The U.S. Supreme Court has never determined how to test whether a school district has complied with this provision, so the federal circuits have developed several different tests. However, these circuit tests all arose prior to the most recent 1997 Amendments to the IDEA. This Comment explores the development and subsequent application of …
Failure To Accommodate, Discriminatory Intent, And The Mcdonnell Douglas Framework: Distinguishing The Analyses Of Claims Arising From Subparts (A) And (B) Of § 12112(B)(5) Of The Ada, Aaron Matthew Laing
Failure To Accommodate, Discriminatory Intent, And The Mcdonnell Douglas Framework: Distinguishing The Analyses Of Claims Arising From Subparts (A) And (B) Of § 12112(B)(5) Of The Ada, Aaron Matthew Laing
Washington Law Review
The Americans with Disabilities Act (ADA) creates and protects employment opportunities for disabled persons by prohibiting adverse employment actions in the form of disparate treatment and disparate impact. Additionally, subparts (A) and (B) of § 12112(b)(5) of the ADA place distinct duties on employers to accommodate disabled persons, protecting, respectively, existing and future employment opportunities. Because the ADA protects both existing and future opportunities, the duty to accommodate may be breached in two distinct manners. When a plaintiff alleges failure to accommodate, a court must determine which section of the ADA applies and select an appropriate analytical framework for the …
Hostile Environment Actions, Title Vii, And The Ada: The Limits Of The Copy-And-Paste Function, Lisa Eichhorn
Hostile Environment Actions, Title Vii, And The Ada: The Limits Of The Copy-And-Paste Function, Lisa Eichhorn
Washington Law Review
Two federal circuits, borrowing from Title VII jurisprudence, recently recognized a cause of action for a disability-based hostile environment under the Americans with Disabilities Act (ADA). Neither opinion, however, considered how the analysis of a disability-based hostile environment claim under the ADA might differ from that of a race- or sex-based hostile environment claim under Title VII. This Article examines the differing theories of equality underlying the two statutes and argues that, because the statutes prohibit discrimination in fundamentally different ways, courts must resist the temptation to copy and paste Title VII doctrine into ADA hostile environment opinions. This Article …
Federal Power, States' Rights, Individual Rights: Mentally Disabled Prisoners And The Supreme Court's New Activism, Tom Kollas
William & Mary Bill of Rights Journal
This Note examines the situation of mentally disabled prisoners who seek to assert their rights in federal court. Neither laws affecting the disabled nor laws affecting prisoners receive heightened scrutiny by the judiciary, which, thus far, also refuses to recognize the unique burdens of those who fit both categories. Because mentally disabled prisoners do not qualify for heightened scrutiny under the Equal Protection Clause, recent developments in the federalism doctrine lead the courts to conclude that they are without jurisdiction to hear suits brought by prisoners against state penitentiaries. This Note explores the underpinnings of federalism, separation of powers, and …
Implications Of Buckhannon Board & Care Home, Incorporated V. West Virginia Department Of Health And Human Resources For Due Process Under The Individuals With Disabilities Education Act, Jennifer R. Rowe
Brigham Young University Education and Law Journal
No abstract provided.
The Fallacy Behind Increased Accountability: How Disabled Students' Constitutional Rights Have Been Disregarded In A Rush To Implement High-Stakes Exams, Ryan R. West
Brigham Young University Education and Law Journal
No abstract provided.
Perceived Disabilities, Social Cognition, And "Innocent Mistakes", Michelle A. Travis
Perceived Disabilities, Social Cognition, And "Innocent Mistakes", Michelle A. Travis
Vanderbilt Law Review
Employment discrimination takes many more forms than the current models in our antidiscrimination laws explicitly recognize. As new forms of employment discrimination are identified, courts must decide whether or not to apply our existing statutes, which many continue to believe were narrowly constructed to focus primarily on conscious acts of prejudice. Litigants have had more success challenging that notion with respect to Title I of the Americans with Disabilities Act of 1990 (the "ADA"), because Congress was relatively clearer about the multifaceted nature of disability discrimination. Legislators openly acknowledged that disability discrimination may result not only from invidious animus, but …
Determining The Intended Beneficiaries Of The Ada In The Aftermath Of Sutton: Limiting The Application Of The Disabling Corrections Corollary, Richard C. Dunn
Determining The Intended Beneficiaries Of The Ada In The Aftermath Of Sutton: Limiting The Application Of The Disabling Corrections Corollary, Richard C. Dunn
William & Mary Law Review
No abstract provided.
Disability Harassment In The Public Schools, Mark C. Weber
Disability Harassment In The Public Schools, Mark C. Weber
William & Mary Law Review
No abstract provided.
Pga Tour, Inc. V. Martin: A Hole In One For Casey Martin And The Ada, Melissa Ass Resslar
Pga Tour, Inc. V. Martin: A Hole In One For Casey Martin And The Ada, Melissa Ass Resslar
Loyola University Chicago Law Journal
No abstract provided.
Introduction, Michael J. Pappas
Introduction, Michael J. Pappas
Journal of Health Care Law and Policy
No abstract provided.
Educating Students With Complex Health Care Needs In Public Schools: The Intersection Of Health Care, Education, And The Law, Donna H. Lehr, Jill Greene
Educating Students With Complex Health Care Needs In Public Schools: The Intersection Of Health Care, Education, And The Law, Donna H. Lehr, Jill Greene
Journal of Health Care Law and Policy
No abstract provided.
The Stuart Rome Lecture: Knocking Against The Rocks: Evaluating Institutional Practices And The African-American Boy, Theresa Glennon
The Stuart Rome Lecture: Knocking Against The Rocks: Evaluating Institutional Practices And The African-American Boy, Theresa Glennon
Journal of Health Care Law and Policy
No abstract provided.
Educationally Related Mental Health Services For Children With Serious Emotional Disturbance: Addressing Barriers To Access Through The Idea, Lucy W. Shum
Journal of Health Care Law and Policy
No abstract provided.
Controversy In The Deaf Community, Molly Mack
Controversy In The Deaf Community, Molly Mack
Public Interest Law Reporter
No abstract provided.
Supreme Court Clarifies Standard For Proving 'Disability', Molly Mack
Supreme Court Clarifies Standard For Proving 'Disability', Molly Mack
Public Interest Law Reporter
No abstract provided.
Foreword: "Children With Special Needs: The Intersection Of Health Care, Education & The Law", Susan P. Leviton
Foreword: "Children With Special Needs: The Intersection Of Health Care, Education & The Law", Susan P. Leviton
Journal of Health Care Law and Policy
This foreword was written as an introduction to the May 2001 symposium sponsored by the University of Maryland Law and Health Care Program entitled "Children with Special Needs: the Intersection of Health Care Education & the Law.
Road Warrior: Two Parents' Perspective On Getting Services For Children With Special Needs, Teresa K. Lamaster, John J. O'Brien
Road Warrior: Two Parents' Perspective On Getting Services For Children With Special Needs, Teresa K. Lamaster, John J. O'Brien
Journal of Health Care Law and Policy
No abstract provided.
The Idea's Promise Unfulfilled: A Second Look At Special Education & Related Services For Children With Mental Health Needs After Garret F, Ellen A. Callegary
The Idea's Promise Unfulfilled: A Second Look At Special Education & Related Services For Children With Mental Health Needs After Garret F, Ellen A. Callegary
Journal of Health Care Law and Policy
No abstract provided.
Achieving Service Integration For Children With Special Health Care Needs: An Assessment Of Alternative Medicaid Managed Care Models, Ian Hill, Renee Schwalberg, Beth Zimmerman, Wilma Tilson
Achieving Service Integration For Children With Special Health Care Needs: An Assessment Of Alternative Medicaid Managed Care Models, Ian Hill, Renee Schwalberg, Beth Zimmerman, Wilma Tilson
Journal of Health Care Law and Policy
No abstract provided.