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Disability Law Commons

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1997

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Institution
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Articles 1 - 14 of 14

Full-Text Articles in Disability Law

Evaluating Purely Reproductive Disorders Under The Americans With Disabilities Act, Todd Lebowitz Dec 1997

Evaluating Purely Reproductive Disorders Under The Americans With Disabilities Act, Todd Lebowitz

Michigan Law Review

Approximately 2.8 million American couples suffer from infertility, a condition generally defined by the medical community as the failure to conceive after one year of unprotected intercourse. During the past thirty years, diagnostic and therapeutic techniques for treating infertility have improved drastically, enabling many previously infertile couples to bear children. These techniques, however, involve considerable expense and inconvenience, frequently requiring patients to take time off from work. Disputes with employers may follow, sometimes resulting in the infertile employee's termination. Some terminated employees, claiming that infertility constitutes a disability, then sue their former employers under the Americans with Disabilities ...


A Funny Thing Happened On The Way To The (Alternative) Forum: Reexamjnjng Alexander V. Gardner-Denver In The Wake Of Gilmer V. Interstate/Johnson Lane Corp., Sarah Rudoph Cole Sep 1997

A Funny Thing Happened On The Way To The (Alternative) Forum: Reexamjnjng Alexander V. Gardner-Denver In The Wake Of Gilmer V. Interstate/Johnson Lane Corp., Sarah Rudoph Cole

BYU Law Review

No abstract provided.


The Abled, Disabled, And Enabled: Is Seeing The Difference A Learning Disability Or Merely A Crime? Aug 1997

The Abled, Disabled, And Enabled: Is Seeing The Difference A Learning Disability Or Merely A Crime?

International Bulletin of Political Psychology

This article identifies many of the Issues underlying the controversy over providing special accommodations for people who state that they have learning disabilities.


Abusing Deaf Immigrants And Hearing No Evil, Editor Jul 1997

Abusing Deaf Immigrants And Hearing No Evil, Editor

International Bulletin of Political Psychology

The author discusses the on-going abuse of deaf immigrants.


Disability And The Public Schools: The Case Against "Inclusion", Anne Proffitt Dupre Jul 1997

Disability And The Public Schools: The Case Against "Inclusion", Anne Proffitt Dupre

Washington Law Review

The Individuals with Disabilities Education Act (IDEA) requires states that wish to qualify for federal assistance to demonstrate that they have a policy ensuring all children with disabilities the right to a "free appropriate public education." IDEA also requires that disabled children be educated with nondisabled children "to the maximum extent appropriate." This Article focuses on the tension between IDEA's mandates for appropriate education and integration to the maximum extent appropriate. Advocates of full inclusion claim that, under IDEA, all disabled children-regardless of characteristics-must be placed in the general education classroom for the entire day. Many courts have tacitly ...


Pacourek V. Inland Steel Company: Enforcing Equal Protection Rights By Designating Infertility As A Disability Under The American's With Disabilities Act, Kristina M. Hall May 1997

Pacourek V. Inland Steel Company: Enforcing Equal Protection Rights By Designating Infertility As A Disability Under The American's With Disabilities Act, Kristina M. Hall

Brigham Young University Journal of Public Law

No abstract provided.


When Physicians Balk At Futile Care: Implications Of The Disability Rights Laws, Philip G. Peters Jr. Apr 1997

When Physicians Balk At Futile Care: Implications Of The Disability Rights Laws, Philip G. Peters Jr.

Faculty Publications

Part I of this article reviews the factual background of the futility debate. Part II introduces the antidiscrimination laws. Thereafter, Parts III, IV, and V examine the three components of the proposal suggested above.


The Collateral Source Rule And State-Provided Special Education And Therapy, Richard C. Witzel Jr. Jan 1997

The Collateral Source Rule And State-Provided Special Education And Therapy, Richard C. Witzel Jr.

Washington University Law Review

No abstract provided.


Disability Law - Susquenita School District V. Raelee S., Pendent Placement And Financial Responsibility Under The Individuals With Disabilities Education Act: The Third Circuit's Extension Of Burlington, Christine Moyles Kovan Jan 1997

Disability Law - Susquenita School District V. Raelee S., Pendent Placement And Financial Responsibility Under The Individuals With Disabilities Education Act: The Third Circuit's Extension Of Burlington, Christine Moyles Kovan

Villanova Law Review

No abstract provided.


Accomodating Vulnerabilities To Environmental Tobacco Smoke: A Prism For Understanding The Ada, Wendy E. Parmet, Mark A. Gottlieb, Richard A. Daynard Jan 1997

Accomodating Vulnerabilities To Environmental Tobacco Smoke: A Prism For Understanding The Ada, Wendy E. Parmet, Mark A. Gottlieb, Richard A. Daynard

Journal of Law and Health

This Article explores the use of the ADA to challenge smoking policies and the fears and questions that such a use raises. We argue that a careful appreciation of the ADA's application to ETS-related claims should temper the worries of both those who see such claims as trivializing the ADA and those who worry that such claims may impose enormous burdens on American businesses. Rather, we suggest that the ADA in this instance, as in others, provides a limited but critical vehicle for ensuring that individuals with disabilities may fully participate in public life. We suggest further that the ...


Better Off Dead Than Disabled?: Should Courts Recognize A "Wrongful Living" Cause Of Action When Doctors Fail To Honor Patients' Advance Directives?, Adam A. Milani Jan 1997

Better Off Dead Than Disabled?: Should Courts Recognize A "Wrongful Living" Cause Of Action When Doctors Fail To Honor Patients' Advance Directives?, Adam A. Milani

Washington and Lee Law Review

No abstract provided.


Open Debate Over Closed Doors: The Effect Of The New Developmental Disabilities Regulations On Protection And Advocacy Programs, Melissa Bowman Jan 1997

Open Debate Over Closed Doors: The Effect Of The New Developmental Disabilities Regulations On Protection And Advocacy Programs, Melissa Bowman

Kentucky Law Journal

No abstract provided.


Creating Chaos In The Name Of Consistency: Affirmative Action And The Odd Legacy Of Adarand Constructors, Inc. V. Pena, Frank S. Ravitch Jan 1997

Creating Chaos In The Name Of Consistency: Affirmative Action And The Odd Legacy Of Adarand Constructors, Inc. V. Pena, Frank S. Ravitch

Faculty Publications

No abstract provided.


Make Promises By The Hour: Sex, Drugs, The Ada, And Psychiatric Hospitalization, Michael L. Perlin Jan 1997

Make Promises By The Hour: Sex, Drugs, The Ada, And Psychiatric Hospitalization, Michael L. Perlin

Articles & Chapters

No abstract provided.