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Disability Law Commons

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Full-Text Articles in Disability Law

Still Kickin’ After All These Years: Sutton And Toyota As Shadow Precedents, Deborah A. Widiss Jan 2015

Still Kickin’ After All These Years: Sutton And Toyota As Shadow Precedents, Deborah A. Widiss

Articles by Maurer Faculty

Congress’s ability to override judicial opinions that interpret statutes is generally understood as an important aspect of maintaining legislative supremacy. In a series of articles, I have challenged the validity of this assumption by showing that courts often continue to rely on overridden precedents—what I have called shadow precedents. My earlier work explores instances in which it was unclear or debatable whether the override or the prior precedent should control. This article further documents such ambiguities, but its primary objective is to highlight examples of ongoing reliance on shadow precedents where it is unquestionably improper. It suggests, however, that citation …


Gilbert Redux: The Interaction Of The Pregnancy Discrimination Act And The Amended Americans With Disabilities Act, Deborah Widiss Jan 2013

Gilbert Redux: The Interaction Of The Pregnancy Discrimination Act And The Amended Americans With Disabilities Act, Deborah Widiss

Articles by Maurer Faculty

Pregnancy — a health condition that only affects women — raises complicated questions regarding the interaction of employment policies addressing sex discrimination and those addressing disability. The Pregnancy Discrimination Act (PDA), enacted in 1978, mandates that employers “shall” treat pregnant employees “the same for all employment-related purposes” as other employees “similar in their ability or inability to work.” Despite the clarity of this language, some courts permit employers to treat pregnant employees less favorably than employees with other health conditions, so long as the employer does so pursuant to a “pregnancy-blind” policy such as accommodating only workplace injuries or disabilities …


A Disability By Any Other Name Is Still A Disability: Log Cabin, The Disability Spectrum, And The Ada (Aa), Gabrielle L. Goodwin Jan 2009

A Disability By Any Other Name Is Still A Disability: Log Cabin, The Disability Spectrum, And The Ada (Aa), Gabrielle L. Goodwin

Articles by Maurer Faculty

In EEOC v. Lee's Log Cabin, the Seventh Circuit followed the Supreme Court precedent of the last decade that has increasingly narrowed the determination of what constitutes a disabled individual under the Americans with Disabilities Act. In 2008, Congress passed the ADA Amendments Act in an attempt to restore the ADA to its original purpose and the original vision of the ADA's drafters and supporters. Whether these amendments will produce dramatic changes in the way the administrative agencies and courts apply the ADA remains to be seen. Nonetheless, the only way the ADA or its amendments will successfully protect against …


The Effect Of Representation In Nonadversary Proceedings -- A Study Of Three Disability Programs, William D. Popkin Jan 1977

The Effect Of Representation In Nonadversary Proceedings -- A Study Of Three Disability Programs, William D. Popkin

Articles by Maurer Faculty

No abstract provided.


Effectiveness Of The Social Security Review System In Disability Cases, William D. Popkin Jan 1974

Effectiveness Of The Social Security Review System In Disability Cases, William D. Popkin

Articles by Maurer Faculty

No abstract provided.


Proposed Procedure For Administering Heart Cases Under The Washington Industrial Insurance Act, Ivan C. Rutledge Jan 1956

Proposed Procedure For Administering Heart Cases Under The Washington Industrial Insurance Act, Ivan C. Rutledge

Articles by Maurer Faculty

No abstract provided.


Book Review. Vernier, C. G., American Family Laws, Vol. 5: Incompetents And Dependents, Ralph F. Fuchs Jan 1938

Book Review. Vernier, C. G., American Family Laws, Vol. 5: Incompetents And Dependents, Ralph F. Fuchs

Articles by Maurer Faculty

No abstract provided.