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Articles 691 - 720 of 883
Full-Text Articles in Disability Law
The Americans With Disabilities Act Of 1990 - Progeny Of The Civil Rights Act Of 1964, Robert Dinerstein
The Americans With Disabilities Act Of 1990 - Progeny Of The Civil Rights Act Of 1964, Robert Dinerstein
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Beyond Lane: Who Is Protected By The Americans With Disabilities Act, Who Should Be?, Russell Powell
Beyond Lane: Who Is Protected By The Americans With Disabilities Act, Who Should Be?, Russell Powell
Faculty Articles
This article reviews the state of disability law under the Americans with Disabilities Act ("ADA"), with particular attention paid to Lane and other recent Supreme Court cases. In Lane, the Court affirmed that Congress validly exercised its power when it made states subject to suits under the ADA, at least with regard to limitations on access to courts. While the decision addresses Title II of the ADA (restrictions on state discrimination), it does have broader implications for the Act as a whole. Lane reflects a significant shift in the ethical paradigm used by the court to decide ADA cases and …
Everything's A Little Upside Down, As A Matter Of Fact The Wheels Have Stopped: The Fraudulence Of The Incompetency Evaluation Process, Michael L. Perlin
Everything's A Little Upside Down, As A Matter Of Fact The Wheels Have Stopped: The Fraudulence Of The Incompetency Evaluation Process, Michael L. Perlin
Articles & Chapters
Health Law in the Criminal Justice System Symposium
Brief For American Association On Mental Retardation, The Arc, The Judge David L. Bazelon Center For Mental Health Law, American Academy Of Psychiatry And The Law, And Tash, Tennard V. Dretke, James W. Ellis, Norman C. Bay, Michael Browde, Christian G. Fritz, April Land, Robert Schwartz
Brief For American Association On Mental Retardation, The Arc, The Judge David L. Bazelon Center For Mental Health Law, American Academy Of Psychiatry And The Law, And Tash, Tennard V. Dretke, James W. Ellis, Norman C. Bay, Michael Browde, Christian G. Fritz, April Land, Robert Schwartz
Faculty Scholarship
The obstacles placed by the Fifth Circuit in the path of jurors' fair consideration of a defendant's condition are inconsistent with this Court's teachings about the fundamental importance of the jury's role in determining the appropriate penalty in capital cases.
Research To Practice: Innovations In Employment Supports: Washington State's Division Of Developmental Disabilities, John Butterworth, Allison Cohen Hall
Research To Practice: Innovations In Employment Supports: Washington State's Division Of Developmental Disabilities, John Butterworth, Allison Cohen Hall
Research to Practice Series, Institute for Community Inclusion
As evidence of the positive outcomes associated with integrated employment develops it is important to identify policy and practices at the state level that expand access to employment opportunity. This brief presents findings from Institute for Community Inclusion (ICI) case study research focused on state agencies that support individuals with developmental disabilities.
Research To Practice: Local Vocational Rehabilitation Interagency Agreements For Employment: Partners, Collaborative Activities, And Impact, Cynthia A. Smith, Deborah S. Metzel, Bob Schalock
Research To Practice: Local Vocational Rehabilitation Interagency Agreements For Employment: Partners, Collaborative Activities, And Impact, Cynthia A. Smith, Deborah S. Metzel, Bob Schalock
Research to Practice Series, Institute for Community Inclusion
Federal legislation and state policies increasingly mandate or encourage interagency agreements and collaboration. This study examined the content and impact of interagency agreements between the local office of VR and the following local state agencies for FY1999: Mental Retardation/Developmental Disabilities, Mental Health, local schools, and Temporary Assistance to Needy Families.
Remembering Andrew I. Batavia, Michael Ashley Stein
Remembering Andrew I. Batavia, Michael Ashley Stein
Faculty Publications
No abstract provided.
Case Studies On The Implementation Of The Workforce Investment Act: Focus On Leadership, Sheila Fesko, Jaimie Ciulla Timmons, Allison Cohen Hall
Case Studies On The Implementation Of The Workforce Investment Act: Focus On Leadership, Sheila Fesko, Jaimie Ciulla Timmons, Allison Cohen Hall
Case Studies Series, Institute for Community Inclusion
The workforce development system has undergone significant change in the past five years, including the development and implementation of new partnerships. Maintaining the integrity of services and conducting major organizational change has been a challenge for local, state, and federal leaders. Some states have a limited vision of how this new workforce system can operate and the ways in which their customers can benefit from the new partnerships. Other states, however, have embraced the challenge put forth in the Workforce Investment Act (WIA) and have built on previous collaborations or begun new initiatives. This publication discusses some of the challenges …
Case Studies On The Implementation Of The Workforce Investment Act: Focus On Merging Cultures, Allison Cohen Hall, Jaimie Ciulla Timmons, Sheila Fesko
Case Studies On The Implementation Of The Workforce Investment Act: Focus On Merging Cultures, Allison Cohen Hall, Jaimie Ciulla Timmons, Sheila Fesko
Case Studies Series, Institute for Community Inclusion
The implementation of the Workforce Investment Act (WIA) requires major organizational change for employment, training, and disability agencies. The initiative emphasizes coordination, collaboration and communication among organizations for better service delivery. At this time, states are developing systems that will enable them to address the needs of all customers, including those with disabilities, who are seeking employment. Traditionally, service systems have required that consumers and their families who need a variety of services be able to negotiate the culture and language of multiple agencies. With the new WIA legislation, this task is now being required of the agencies themselves. In …
Research To Practice: Medicaid Involvement In Employment-Related Programs- Findings From The National Survey Of State Systems And Employment For People With Disabilities, Jennifer Sullivan Sulewski, Dana Scott Gilmore, Susan Foley
Research To Practice: Medicaid Involvement In Employment-Related Programs- Findings From The National Survey Of State Systems And Employment For People With Disabilities, Jennifer Sullivan Sulewski, Dana Scott Gilmore, Susan Foley
Research to Practice Series, Institute for Community Inclusion
This brief analyzes data from ICI's National Survey of State Systems and Employment for People with Disabilities regarding the priority Medicaid agencies place on employment and their involvement in recent policy initiatives.
Reasonable Accommodation Of Workplace Disabilities, Stewart J. Schwab, Steven L. Willborn
Reasonable Accommodation Of Workplace Disabilities, Stewart J. Schwab, Steven L. Willborn
Cornell Law Faculty Publications
Reasonable Modification Or Fundamental Alteration? Recent Developments In Ada Caselaw And Implications For Behavioral Health Policy, Sara J. Rosenbaum, Joel B. Teitelbaum, D. Richard Mauery, Alexandra M. Stewart
Reasonable Modification Or Fundamental Alteration? Recent Developments In Ada Caselaw And Implications For Behavioral Health Policy, Sara J. Rosenbaum, Joel B. Teitelbaum, D. Richard Mauery, Alexandra M. Stewart
Center for Integrated Behavioral Health Policy
No abstract provided.
Policy Brief: The Applicability Of The Ada To Personal Assistance Services In The Workplace, Robert Silverstein
Policy Brief: The Applicability Of The Ada To Personal Assistance Services In The Workplace, Robert Silverstein
Policy Briefs Series, Institute for Community Inclusion
This policy brief addresses whether providing personal assistance services in the workplace is a reasonable accommodation as defined in the ADA, and if so, under which circumstances.
Research To Practice: High-Performing States In Integrated Employment, Allison Cohen Hall, John Butterworth, Dana Scott Gilmore, Deborah Metzel
Research To Practice: High-Performing States In Integrated Employment, Allison Cohen Hall, John Butterworth, Dana Scott Gilmore, Deborah Metzel
Research to Practice Series, Institute for Community Inclusion
Despite recent improvements, community employment outcomes vary widely across states. This report highlights successful practices of states that were identified as "high performers" in integrated employment for people served by state MR/DD agencies.
Therapeutic Jurisprudence And Outpatient Commitment Law: Kendra’S Law As Case Study, Michael L. Perlin
Therapeutic Jurisprudence And Outpatient Commitment Law: Kendra’S Law As Case Study, Michael L. Perlin
Articles & Chapters
No abstract provided.
Aligning Or Maligning? Getting Inside A New Idea, Getting Behind No Child Left Behind And Getting Outside Of It All, Stephen A. Rosenbaum
Aligning Or Maligning? Getting Inside A New Idea, Getting Behind No Child Left Behind And Getting Outside Of It All, Stephen A. Rosenbaum
Publications
In this article, I briefly review the background for the latest iteration of federal special education policy, the reauthorization of the Individuals with Disabilities Education (Improvement) Act or IDEA. With a slight apology to ardent advocates for parents and children with disabilities, I then suggest ways that they and their clients can set aside their concerns about a diluted statute and learn to live with a changed legal landscape — and perhaps even flourish in an educational system that aims to raise the standards for all students. With each cycle of program review, policy revisitation and legislative revision, those who …
Kimel And Garrett: Another Example Of The Court Undervaluing Individual Sovereignty And Settled Expectations, 76 Temp. L. Rev. 787 (2003), Julie M. Spanbauer
Kimel And Garrett: Another Example Of The Court Undervaluing Individual Sovereignty And Settled Expectations, 76 Temp. L. Rev. 787 (2003), Julie M. Spanbauer
UIC Law Open Access Faculty Scholarship
No abstract provided.
Hostile Environment Actions, Title Vii, And The Ada: The Limits Of The Copy-And-Paste Function, Lisa A. Eichhorn
Hostile Environment Actions, Title Vii, And The Ada: The Limits Of The Copy-And-Paste Function, Lisa A. Eichhorn
Faculty Publications
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 …
Infected Judgment: Legal Responses To Physician Bias, Mary Crossley
Infected Judgment: Legal Responses To Physician Bias, Mary Crossley
Articles
Substantial evidence indicates that clinically irrelevant patient characteristics, including race and gender, may at times influence a physician's choice of treatment. Less clear, however, is whether a patient who is the victim of a biased medical decision has any effective legal recourse. Heedful of the difficulties of designing research to establish conclusively the role of physician bias, this article surveys published evidence suggesting the operation of physician bias in clinical decision making. The article then examines potential legal responses to biased medical judgments. A patient who is the subject of a biased decision may sue her doctor for violating his …
Substantially Limited Justice?: The Possibilities And Limits Of A New Rawlsian Analysis Of Disability-Based Discrimination, Elizabeth Pendo
Substantially Limited Justice?: The Possibilities And Limits Of A New Rawlsian Analysis Of Disability-Based Discrimination, Elizabeth Pendo
Articles
John Rawls has been called the most significant and influential moral philosopher of the twentieth century, and his ideas have deeply influenced discussions of social, political, and economic justice across disciplines including law, philosophy, and political science. Given his preeminence, does Rawls's theory of justice as fairness fail in either of the two ways described above or is it a promising analysis for achieving justice for people with disabilities?
In its most recent terms, the Supreme Court has increasingly turned its attention toward the Americans with Disabilities Act of 1990 (the ADA). In several significant decisions, it has grappled with …
The Law And Economics Of Disability Accommodations, Michael Ashley Stein
The Law And Economics Of Disability Accommodations, Michael Ashley Stein
Faculty Publications
The Americans with Disabilities Act provides a clear mandate that disabled workers be provided with "reasonable" accommodations, but does not meaningfully articulate the standards by which reasonableness ought to be measured. Until now, neither courts nor commentators have provided a systematic model for analyzing accommodation claims. This Article articulates an initial law and economics framework for analyzing disability-related accommodations. In doing so, it demonstrates how accommodations span a cost continuum that can be divided into areas of Wholly Efficient and Semi-Efficient Accommodations to be funded by private employers, Social Benefit Gain Efficient Accommodations where the costs should be borne by …
Alternative Approaches To Judicial Review Of Social Security Disability Cases, Jeffrey Lubbers
Alternative Approaches To Judicial Review Of Social Security Disability Cases, Jeffrey Lubbers
Articles in Law Reviews & Other Academic Journals
For many years, Congress has had various bills before it to create alternatives to the current practice of Article III review (in district courts) of Social Security disability cases. This report, prepared initially for the Social Security Advisory Board, reviews the various legislative proposals and statutory alternatives such as the Veterans Administration administrative/judicial review structure. It concludes that, on balance, review before an Article I court (with Court of Appeals review limited to purely legal issues) has numerous advantages over the present system. These advantages include improvements in the accuracy and consistency of results (the federal district courts have vastly …
Developing A Full And Fair Evidentiary Record In A Nonadversary Setting: Two Proposals For Improving Social Security Disability Adjudications, Jeffrey Lubbers, Frank S. Bloch, Paul R. Verkuil
Developing A Full And Fair Evidentiary Record In A Nonadversary Setting: Two Proposals For Improving Social Security Disability Adjudications, Jeffrey Lubbers, Frank S. Bloch, Paul R. Verkuil
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Beyond Dusky And Godinez: Competency Before And After Trial, Michael L. Perlin
Beyond Dusky And Godinez: Competency Before And After Trial, Michael L. Perlin
Articles & Chapters
Scholars have carefully considered all aspects of the incompetency to stand trial process, questions involving incompetency to confess, questions involving incompetency to be executed, and, to a lesser extent, questions related to incompetency to plead guilty or to waive counsel, but little attention has been paid to the relationship between incompetency and the full range of other criminal procedure issues: sentencing, appeals, consent to searches, and others. This article discusses this range of issues, assesses the factors relied upon by courts in deciding these cases and attempts to offer an agenda for future scholarly developments in this area.
The Interaction Of The Ada, The Fmla, And Workers' Compensation: Why Can't We Be Friends?, S. Elizabeth Malloy
The Interaction Of The Ada, The Fmla, And Workers' Compensation: Why Can't We Be Friends?, S. Elizabeth Malloy
Faculty Articles and Other Publications
This Article addresses some of the issues that arise when an employee injured at work qualifies for leave under the ADA, the FMLA and workers' compensation statutes. Part II of the Article provides a brief overview of these
three statutory schemes, focusing on the provisions, which define employee and employer qualification and the rights and responsibilities surrounding leave due to a work-related injury. Part III examines how the courts have resolved some of the overlapping and conflicting provisions contained in these statutes. This section particularly focuses on how the courts address employer obligations under all three statutes when an employee …
Enabling Work For People With Disabilities: A Post-Integrationist Revision Of Underutilized Tax Incentives, Francine J. Lipman
Enabling Work For People With Disabilities: A Post-Integrationist Revision Of Underutilized Tax Incentives, Francine J. Lipman
Scholarly Works
No abstract provided.
Reasonable Accommodation As Part And Parcel Of The Antidiscrimination Project, Mary Crossley
Reasonable Accommodation As Part And Parcel Of The Antidiscrimination Project, Mary Crossley
Articles
Numerous commentators have characterized the ADA's reasonable accommodation mandate - which sometimes requires employers to take affirmative steps that treat an individual with a disability differently from other workers - as a departure from the fundamental precepts of antidiscrimination law. These characterizations, however, fail to appreciate either the insights offered by disability theorists regarding the sources of inequality experienced by people with disabilities or the intrinsic conceptual kinship between the ADA's accommodation requirement and disparate impact liability and hostile environment liability under Title VII. Disability theory scholarship affirms that society's historic disregard for and devaluation of people with disabilities has …
Case Studies On The Implementation Of The Workforce Investment Act: Focus On Co-Location, Sheila Fesko, Jaimie Ciulla Timmons, Allison Cohen Hall
Case Studies On The Implementation Of The Workforce Investment Act: Focus On Co-Location, Sheila Fesko, Jaimie Ciulla Timmons, Allison Cohen Hall
Case Studies Series, Institute for Community Inclusion
Seamless service delivery means that a customer receiving services can move between two or more agencies with limited disruption. Seamless services have not been accomplished when a customer must take a cross-town bus to travel from one agency to another. To address this issue, many One-Stop career centers are looking into how staff from their partner agencies can physically share space. This can range from a single staff person from an agency working in the Center on specific days of the week (itinerant staffing) to all staff from that agency working there on a full-time basis (full co-location). Staff report …
Case Studies On The Implementation Of The Workforce Investment Act: Focus On Accessibility, Sheila Fesko, Jaimie Ciulla Timmons, Allison Cohen Hall
Case Studies On The Implementation Of The Workforce Investment Act: Focus On Accessibility, Sheila Fesko, Jaimie Ciulla Timmons, Allison Cohen Hall
Case Studies Series, Institute for Community Inclusion
Universal access is a central tenet of the Workforce Investment Act (WIA) and mandates that One-Stop Career Center (One-Stop) services be accessible for individuals with disabilities. Partnerships between Vocational Rehabilitation (VR) and workforce development agencies have increased awareness about the importance of service accessibility and states have been responding to this issue in their planning and service delivery. This brief highlights the innovative strategies states have used to make their One-Stops better able to support job seekers with disabilities. This brief is part of a series of products offering practical solutions for state and local entities as they implement the …
Case Studies On The Implementation Of The Workforce Investment Act: Focus On Involving Customers With Disabilities, Sheila Fesko, Jaimie Ciulla Timmons, Allison Cohen Hall
Case Studies On The Implementation Of The Workforce Investment Act: Focus On Involving Customers With Disabilities, Sheila Fesko, Jaimie Ciulla Timmons, Allison Cohen Hall
Case Studies Series, Institute for Community Inclusion
Although it is uniformly accepted that customers with disabilities should be involved in the process to create a new workforce system under the mandates of the Workforce Investment Act (WIA), anecdotal evidence suggests this to be more rhetoric than reality. Currently One-Stop Career Centers, workforce boards, and states are struggling with how to solicit and incorporate this important input into the planning process. The following is offered as a tool to help involve customers with disabilities as One-Stop centers are developed. This brief is part of a series of products offering practical solutions for state and local entities as they …