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Disability Law Commons

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1993

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Articles 1 - 24 of 24

Full-Text Articles in Disability Law

The Economic Implications Of Public Disability Insurance In The United States, Patricia. M. Danzon Jan 1993

The Economic Implications Of Public Disability Insurance In The United States, Patricia. M. Danzon

Health Care Management Papers

A review of previous analyses of labor supply effects of Social Security Disability Insurance (DI) concludes that estimates of labor supply effects and net social costs are upward biased because they ignore interactions between DI and other insurances. A model of optimal insurance, postinjury accommodations, and labor supply shows that reduction in labor supply and increase in consumption when disabled do not necessarily imply moral hazard. Optimal postinjury accommodations vary inversely with firm size. The Americans with Disabilities Act will reduce wages and labor supply of healthy workers, particularly in small firms. Effects on labor supply of the disabled are ...


Attitudinal Barriers To Hiring Attorneys With Disabilities, Michael Ashley Stein Jan 1993

Attitudinal Barriers To Hiring Attorneys With Disabilities, Michael Ashley Stein

Faculty Publications

No abstract provided.


Silencing The Different Voice: Competence, Feminist Theory And Law, Susan Stefan Jan 1993

Silencing The Different Voice: Competence, Feminist Theory And Law, Susan Stefan

University of Miami Law Review

No abstract provided.


Presumptions And Burdens Of Proof In Determining Competency To Stand Trial: An Analysis Of Medina V. California And The Supreme Court's New Due Process Methodology In Criminal Cases, Bruce J. Winick Jan 1993

Presumptions And Burdens Of Proof In Determining Competency To Stand Trial: An Analysis Of Medina V. California And The Supreme Court's New Due Process Methodology In Criminal Cases, Bruce J. Winick

University of Miami Law Review

No abstract provided.


Let's Get Off The Floor: The Call For Illinois To Adopt A Higher Substantive Standard For Special Education, Michael F. Tomasek Jan 1993

Let's Get Off The Floor: The Call For Illinois To Adopt A Higher Substantive Standard For Special Education, Michael F. Tomasek

Loyola University Chicago Law Journal

No abstract provided.


The Competence Of Criminal Defendants: Beyond Dusky And Drope, Richard J. Bonnie Jan 1993

The Competence Of Criminal Defendants: Beyond Dusky And Drope, Richard J. Bonnie

University of Miami Law Review

No abstract provided.


Competency To Refuse Psychotropic Medication: Three Alternatives To The Law's Cognitive Standard, Elyn R. Saks Jan 1993

Competency To Refuse Psychotropic Medication: Three Alternatives To The Law's Cognitive Standard, Elyn R. Saks

University of Miami Law Review

No abstract provided.


Symposium: The Americans With Disabilities Act - Introductory Comments, Dawn V. Martin Jan 1993

Symposium: The Americans With Disabilities Act - Introductory Comments, Dawn V. Martin

Journal of Law and Health

Each of the articles included in this symposium summarizes the ADA and details the particular provisions of the Act which pertain to its thesis. Therefore, I will only briefly outline the Act's major provisions and implications for the purposes of this introductory discussion.


The Ada As A Tool For Advocacy: A Strategy For Fighting Employment Discrimination Against People With Disabilities, Ellen M. Saideman Jan 1993

The Ada As A Tool For Advocacy: A Strategy For Fighting Employment Discrimination Against People With Disabilities, Ellen M. Saideman

Journal of Law and Health

There are essentially three different theories that are used to prove discrimination against people with disabilities: disparate treatment- that a person has been treated differently because of membership in a protected class - may be proved by direct evidence of discrimination or by inference. Today, employers are often open about discriminating against people with disabilities. They frequently know little about disabilities and make their decisions based on stereotypes rather than on individualized assessments. Further, medical examinations and inquiries are required by the ADA to be conducted after a job has been offered thereby enabling job applicants to determine that their disability ...


The Use Of Interpreters For The Deaf And The Legal Community's Obligation To Comply With The A.D.A., Jo Anne Simon Jan 1993

The Use Of Interpreters For The Deaf And The Legal Community's Obligation To Comply With The A.D.A., Jo Anne Simon

Journal of Law and Health

Title II of the ADA, which most closely resembles section 504 of the Rehabilitation Act of 1973, requires that state and local government facilities, including courts, be accessible to individuals with disabilities. Title III of the Act requires that public accommodations be accessible to persons with disabilities. The Act specifically includes attorney's offices in its definition of public accommodation. Title II and III of the Act require that reasonable accommodations be provided to qualified persons with disabilities, unless such provision would fundamentally alter the goods, services or programs provided. Reasonable accommodations can take the form of auxiliary aids and ...


Designing Reasonable Accomodations Through Co-Worker Participation: Therapeutic Jurisprudence And The Confidentiality Provision Of The Americans With Disabilities Act, Rose A. Daly-Rooney Jan 1993

Designing Reasonable Accomodations Through Co-Worker Participation: Therapeutic Jurisprudence And The Confidentiality Provision Of The Americans With Disabilities Act, Rose A. Daly-Rooney

Journal of Law and Health

The Americans with Disabilities Act prohibits discrimination on the basis of disability in employment, public accommodations, transportation, communication, and services provided by state and local government. Title I of the ADA addresses employment discrimination against people with disabilities. Among other things, the ADA prohibits an employer from rejecting an applicant solely because of the need to provide that applicant with a reasonable accommodation. At the same time, the ADA requires that an employer maintain confidentiality about the applicant or employee's medical condition or medical history obtained during acceptable inquiries, including those inquiries needed to design appropriate accommodations.


And Equal Participation For All...The Americans With Disabilities Act In The Courtroom, Keri K. Gould Jan 1993

And Equal Participation For All...The Americans With Disabilities Act In The Courtroom, Keri K. Gould

Journal of Law and Health

This article hopes to encourage the use of the ADA as a mechanism to increase courtroom accessibility to people with disabilities. The article proceeds in the following manner. Initially, I outline the procedural history and design of the Act. Then, in Part III, I discuss how the ADA seeks to ensure the increased participation of persons with disabilities in courtroom practices and procedures. In Part IV, I discuss the Act's Title II, Public Services, which controls access to and accommodations by the state courts. Next, I trace the discrimination frequently faced by persons with disabilities, which is illustrated by ...


Defining "Disability": The Approach To Follow, Theodore J. St. Antoine Jan 1993

Defining "Disability": The Approach To Follow, Theodore J. St. Antoine

Articles

The definition of "disability" has once again become a central issue in workers' compensation law. I am partly responsible. A decade ago I served as the Governor's Special Counselor on Workers' Compensation. In my Reportto the Cabinet Council on Jobs and Economic Development, I stated: "If I could write on a clean slate, I would prefer to see the Michigan definition brought even closer into the mainstream of American law by declaring that 'disability' means a 'limitation of an employee's wage earning capacity in work suitable to his or her qualifications and training resulting from a personal injury ...


The Americans With Disabilities Act And Collective Bargaining Agreements: Reasonable Accommodations Or Irreconcilable Conflicts?, Mary K. O'Melveny Jan 1993

The Americans With Disabilities Act And Collective Bargaining Agreements: Reasonable Accommodations Or Irreconcilable Conflicts?, Mary K. O'Melveny

Kentucky Law Journal

No abstract provided.


The Disabled Employee And Reasonable Accommodation Under The Minnesota Human Rights Act: Where Does Absenteeism Attributable To The Disability Fit Into The Law? Lindgren V. Harmon Glass Co., 489 N.W.2d 804 (Minn. Ct. App. 1992), Review Denied (Minn. Oct. 20, 1992)., Laura Reilly Jan 1993

The Disabled Employee And Reasonable Accommodation Under The Minnesota Human Rights Act: Where Does Absenteeism Attributable To The Disability Fit Into The Law? Lindgren V. Harmon Glass Co., 489 N.W.2d 804 (Minn. Ct. App. 1992), Review Denied (Minn. Oct. 20, 1992)., Laura Reilly

Journal Articles

No abstract provided.


Abolishing Competency As A Construction Of Difference: A Radical Proposal To Promote The Equality Of Persons With Disabilities, Steven J. Schwartz Jan 1993

Abolishing Competency As A Construction Of Difference: A Radical Proposal To Promote The Equality Of Persons With Disabilities, Steven J. Schwartz

University of Miami Law Review

No abstract provided.


The Right To Proceed Pro Se At Competency Hearings: Practical Solutions To A Constitutional Catch-22, Stavy A. Giulianti Jan 1993

The Right To Proceed Pro Se At Competency Hearings: Practical Solutions To A Constitutional Catch-22, Stavy A. Giulianti

University of Miami Law Review

No abstract provided.


Pretexts And Mental Disability Law: The Case Of Competency, Michael L. Perlin Jan 1993

Pretexts And Mental Disability Law: The Case Of Competency, Michael L. Perlin

University of Miami Law Review

No abstract provided.


Rethinking Autonomy In Long Term Care, Charles W. Lidz, Robert M. Arnold Jan 1993

Rethinking Autonomy In Long Term Care, Charles W. Lidz, Robert M. Arnold

University of Miami Law Review

No abstract provided.


What Is Therapeutic Jurisprudence?, Michael L. Perlin Jan 1993

What Is Therapeutic Jurisprudence?, Michael L. Perlin

Articles & Chapters

No abstract provided.


The Nature And Purposes Of Advocacy For People With Disabilities, Errol Cocks, Gordon Duffy Jan 1993

The Nature And Purposes Of Advocacy For People With Disabilities, Errol Cocks, Gordon Duffy

ECU Publications Pre. 2011

Although all human beings experience vulnerability, people with disabilities experience heightened vulnerability. For some people, the consequences of this heightened vulnerability may include social devaluation, physical and social rejection, a loss of control over important areas of their lives and brutalisation. Advocacy is one vital response to vulnerability and its consequences. This monograph presents the results of the National Advocacy Research Project which involved an analysis of the status of advocacy for people with disabilities within Australia and provides direction for the future development of advocacy nationally. The monograph explicates the need for and the purposes of advocacy for people ...


The Ada And Persons With Mental Disabilities: Can Sanist Attitudes Be Undone, Michael L. Perlin Jan 1993

The Ada And Persons With Mental Disabilities: Can Sanist Attitudes Be Undone, Michael L. Perlin

Journal of Law and Health

This leads to my thesis. What I call "sanist" attitudes and "pretextual" judicial and legislative reactions dominate social and legal discourse about mentally ill persons (and those so perceived). These attitudes affect and infect interpersonal relationships, social, cultural and political actions, judicial decisions, legislative enactments, scholarly writings, administrative rulings, and litigation strategies. They largely operate on an unconscious (and often invisible) level, and are frequently found in the writings and public pronouncements of otherwise "liberal" or "progressive" individuals. They are also rationalized through the non-reflective use of a false kind of "ordinary common sense" (OCS) and through the use of ...


Effectively Implementing Title 1 Of The Americans With Disabilities Act For Mentally Disabled Persons: A Therapeutic Jurisprudence Analysis, Deborah A. Dorfman Jan 1993

Effectively Implementing Title 1 Of The Americans With Disabilities Act For Mentally Disabled Persons: A Therapeutic Jurisprudence Analysis, Deborah A. Dorfman

Journal of Law and Health

This article discusses the potential impact that Title I has on the lives of individuals with mental disabilities and methods by which it can be most effectively implemented and enforced. The following section discusses the potential impact that Title I can have on the lives of the mentally disabled, specifically in the areas of independent living and quality of life. Part III will examine problems enforcing Title I which interfere with the ability of the mentally disabled to fully benefit from the statute. The second half of this article discusses how to best implement and enforce Title I from a ...


The Americans With Disabilities Act And The Corpus Of Anti-Discrimination Law: A Force For Change In The Future Of Public Health Regulation, Lawrence O. Gostin Jan 1993

The Americans With Disabilities Act And The Corpus Of Anti-Discrimination Law: A Force For Change In The Future Of Public Health Regulation, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

In this paper the author reviews the constitutional history of the courts' attempts to check the powers of the public health department. He demonstrates how ineffective and inconsistent constitutional review has been, and suggests that adequate review criteria have not emerged. The author shows that, whether the courts are applying First, Fourth, or Fourteenth Amendment standards, ultimately they are highly deferential to public health officials. Then he carefully examines the key concepts in the Americans with Disabilities Act (ADA) as they apply to communicable disease. He reveals Congress' clear intention to include communicable disease, even asymptomatic infection, as a disability ...