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Disability Law Commons

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1998

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Institution
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Articles 1 - 23 of 23

Full-Text Articles in Disability Law

Research To Practice: Barriers To Transition Planning For Parents Of Adolescents With Special Health Care Needs, Jaimie Ciulla Timmons, James P. Mcintyre Jr., Jean Whitney-Thomas, John Butterworth, Deborah Allen Dec 1998

Research To Practice: Barriers To Transition Planning For Parents Of Adolescents With Special Health Care Needs, Jaimie Ciulla Timmons, James P. Mcintyre Jr., Jean Whitney-Thomas, John Butterworth, Deborah Allen

Research to Practice Series, Institute for Community Inclusion

An examination of the transition planning experiences and concerns of family members of young adults with special health care needs.


Research To Practice: Employing People With Disabilities: Small Business Concerns And Recommendations, Oce Harrison Aug 1998

Research To Practice: Employing People With Disabilities: Small Business Concerns And Recommendations, Oce Harrison

Research to Practice Series, Institute for Community Inclusion

Survey results from Massachusetts small businesses regarding hiring and employing people with disabilities.


Regulation Of Pornography On The Internet In The United States And The United Kingdom: A Comparative Analysis, Dawn A. Edick Aug 1998

Regulation Of Pornography On The Internet In The United States And The United Kingdom: A Comparative Analysis, Dawn A. Edick

Boston College International and Comparative Law Review

No abstract provided.


Controlled Impairments Under The Americans With Disabilities Act: A Search For The Meaning Of "Disability", Erica Worth Harris Jul 1998

Controlled Impairments Under The Americans With Disabilities Act: A Search For The Meaning Of "Disability", Erica Worth Harris

Washington Law Review

The Americans with Disabilities Act (ADA) protects individuals with disabilities from discrimination. Since its passage in 1991, the number of individuals seeking protection under the Act has steadily increased and the types of impairments claimed to qualify as disabilities have dramatically expanded. Many disability claims test the boundaries of the Act and reveal a muddied conception of what constitutes a disability for purposes of the ADA. This Article investigates the meaning of the term disability to define more clearly who should benefit under the Act. By focusing on controlled impairments, a group of disability claims that has produced a split ...


Tools For Inclusion: Americans With Disabilities Act (Ada) Title 1: Employment, Joe Marrone Jun 1998

Tools For Inclusion: Americans With Disabilities Act (Ada) Title 1: Employment, Joe Marrone

Tools for Inclusion Series, Institute for Community Inclusion

Brief overview of the concepts and scope of the Americans with Disabilities Act, plus resource lists.


What Constitutes A "Disability" Under The Americans With Disabilities Act: Should Courts Consider Mitigating Measures?, Maureen R. Walsh Jun 1998

What Constitutes A "Disability" Under The Americans With Disabilities Act: Should Courts Consider Mitigating Measures?, Maureen R. Walsh

Washington and Lee Law Review

No abstract provided.


Research To Practice: Grant Development And Decision-Making: Comparison Of Funding Agencies And Community-Based Minority Organizations, Institute For Community Inclusion, University Of Massachusetts Boston May 1998

Research To Practice: Grant Development And Decision-Making: Comparison Of Funding Agencies And Community-Based Minority Organizations, Institute For Community Inclusion, University Of Massachusetts Boston

Research to Practice Series, Institute for Community Inclusion

This report compares the perspectives of government funding agencies and community-based minority organizations on grant development and decision-making, and gives recommendations on how these groups can work together effectively to fund disability programs.


Tools For Inclusion: The Americans With Disabilities Act: General Overview, Karen Zimbrich May 1998

Tools For Inclusion: The Americans With Disabilities Act: General Overview, Karen Zimbrich

Tools for Inclusion Series, Institute for Community Inclusion

Brief overview of the concepts and scope of the Americans with Disabilities Act, plus resource lists.


Biting The Hand That Feeds Them-State Prisons And The Ada: Responding To Amos V. Maryland Department Of Public Safety & Correctional Services, Jennifer L. Lange May 1998

Biting The Hand That Feeds Them-State Prisons And The Ada: Responding To Amos V. Maryland Department Of Public Safety & Correctional Services, Jennifer L. Lange

BYU Law Review

No abstract provided.


Research To Practice: Disability Organizations' Perspectives On The Needs Of Youth With Disabilities Who Are Runaway Or Homeless, David Temelini, Sheila Fesko Apr 1998

Research To Practice: Disability Organizations' Perspectives On The Needs Of Youth With Disabilities Who Are Runaway Or Homeless, David Temelini, Sheila Fesko

Research to Practice Series, Institute for Community Inclusion

Findings from a national survey of state-level disability organizations on issues regarding runaway or homeless youth who have disabilities.


The Holy And The Handicapped: An Examination Of The Different Applications Of The Reasonable-Accommodation Clauses In Title Vii And The Ada, Alan D. Schuchman Apr 1998

The Holy And The Handicapped: An Examination Of The Different Applications Of The Reasonable-Accommodation Clauses In Title Vii And The Ada, Alan D. Schuchman

Indiana Law Journal

No abstract provided.


Asymptomatic Hiv As A Disability Under The Americans With Disabilities Act, Elizabeth C. Chambers Apr 1998

Asymptomatic Hiv As A Disability Under The Americans With Disabilities Act, Elizabeth C. Chambers

Washington Law Review

The Americans with Disabilities Act (ADA) does not state whether it prohibits discrimination against individuals who are infected with HIV but asymptomatic. Some courts have held that the language of the ADA is unambiguous and does not cover asymptomatic HIV as a disability because the virus is not an "impairment" that substantially limits a "major life activity." Other courts have looked behind the statutory language and found that Congress intended to protect asymptomatic individuals with HIV because the virus impairs one's ability to procreate and/or engage in sexual relations. This Comment argues that asymptomatic individuals with HIV are ...


The First Step Forward—The Aids Dismissal Case And The Protection Against Aids-Based Employment Discrimination In Japan, Marc Lim Mar 1998

The First Step Forward—The Aids Dismissal Case And The Protection Against Aids-Based Employment Discrimination In Japan, Marc Lim

Washington International Law Journal

The fight against AIDS in Japan, a journey that has encountered much resistance from a Japanese public and corporate sector ill-educated on the disease, may have taken a new turn. Before 1995, employees infected with HIV or suffering from AIDS had little recourse in fighting against the discrimination they faced in their private lives and in the Japanese corporate sector. With the AIDS Dismissal Case, the Japanese judiciary, in a show of judicial activism, found the dismissal of an HIV-infected worker based upon his HIV status illegal and an infringement upon the worker's human rights. In addition, the court ...


Is Hiv "Extraordinary"?, Jordan B. Hansell Feb 1998

Is Hiv "Extraordinary"?, Jordan B. Hansell

Michigan Law Review

The Sentencing Reform Act of 1984 (the "Act") attempts to reduce inconsistencies in the sentences of defendants convicted of comparable crimes. The Act created a Sentencing Commission (the "Commission") and authorized it to promulgate a set of sentencing guidelines to steer judicial decisionmaking. To fulfill this mandate, the Commission drafted the Federal Sentencing Guidelines (the "Guidelines"), which Congress enacted in 1987. Although Congress wanted to eliminate sentencing disparities, it also wanted to allow some degree of individualized sentencing. To achieve the correct balance, the Commission created three categories of characteristics: those a court must consider in sentencing each defendant; those ...


Whose Federalism, S. Elizabeth Malloy Jan 1998

Whose Federalism, S. Elizabeth Malloy

Faculty Articles and Other Publications

This Article examines briefly the Seminole Tribe and City of Boerne decisions. Part II then focuses on the ADA and the reasons why Congress made it applicable to government conduct as well as private conduct. Finally, Part III examines the argument, based on the new federalism, that the ADA should not apply to state entities. It does not appear that the Court's new federalism has had a liberty-enhancing effect for some of the most vulnerable persons in our society. The Court's revitalized federalism jurisprudence has led to questions about the continuing validity of many of our civil rights ...


Growth In Disability Benefits: Explanations And Policy Implications, Kalman Rupp, David C. Stapleton Jan 1998

Growth In Disability Benefits: Explanations And Policy Implications, Kalman Rupp, David C. Stapleton

Upjohn Press

This collection of original papers reveals why caseloads of the nation's two largest income entitlement programs for disability - Social Security Disability Income (SSDI) and Supplemental Security Income (SSI) - have soared.


Reevaluating Substantive Due Process As A Source Of Protection For Psychiatric Patients To Refuse Drugs, William M. Brooks Jan 1998

Reevaluating Substantive Due Process As A Source Of Protection For Psychiatric Patients To Refuse Drugs, William M. Brooks

Scholarly Works

No abstract provided.


Civil Rights And Self-Concept: Life Stories Of Law, Disability And Employment, Frank W. Munger, David M. Engel Jan 1998

Civil Rights And Self-Concept: Life Stories Of Law, Disability And Employment, Frank W. Munger, David M. Engel

Articles & Chapters

No abstract provided.


Title Vii And Negative Job References: Employees Find Safe Harbor In Robinson V. Shell Oil Company, 31 J. Marshall L. Rev. 521 (1998), Matthew J. Cleveland Jan 1998

Title Vii And Negative Job References: Employees Find Safe Harbor In Robinson V. Shell Oil Company, 31 J. Marshall L. Rev. 521 (1998), Matthew J. Cleveland

The John Marshall Law Review

No abstract provided.


Beyond The Americans With Disabilities Act: A National Employment Policy For People With Disabilities, Mark C. Weber Jan 1998

Beyond The Americans With Disabilities Act: A National Employment Policy For People With Disabilities, Mark C. Weber

Buffalo Law Review

No abstract provided.


Threshold Barriers To Title 1 And Title Iii Of The Americans With Disabilities Act: Discrimination Against Mental Illness In Long-Term Disability Benefits, Nancy Lee Firak Jan 1998

Threshold Barriers To Title 1 And Title Iii Of The Americans With Disabilities Act: Discrimination Against Mental Illness In Long-Term Disability Benefits, Nancy Lee Firak

Journal of Law and Health

Any discussion of the ADA presents an organizational challenge not only because of the complex structure of the Act itself, but also because the ADA implicates other complex federal remedial schemes such as the Employee Retirement Income Security Act (ERISA) and the Rehabilitation Act. The social policy implications of the issues under discussion in this article are complex and at times even contradictory, as is perhaps unavoidable. Part II outlines a typical case in which the employer provided inferior long-term disability benefits to those with mental disabilities. The purpose of Part II is to provide the reader with a map ...


Disability, Deference, And The Integrity Of The Academic Enterprise, Anne Proffitt Dupre Jan 1998

Disability, Deference, And The Integrity Of The Academic Enterprise, Anne Proffitt Dupre

Scholarly Works

Congress has established a complex set of laws regarding the education of disabled students. This Article discusses the obligations the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, and the Individuals with Disabilities Education Act impose on schools and focuses on how courts interpreting these statutes address the decisions of educators regarding how best to educate disabled students. Professor Dupre brings to light a striking contrast between how courts regard the decisions of educators in higher education as opposed to the decisions of educators in primary and secondary schools, routinely according the former considerable deference while often ...


When A Handicap May Be An Advantage: Mcpherson V. Michigan High School Athletic Association Evaluates The Relationship Of The Rehabilitation Act And The Ada To Athletic Association Maximum Semester Rules, John P. Encarnacion Jan 1998

When A Handicap May Be An Advantage: Mcpherson V. Michigan High School Athletic Association Evaluates The Relationship Of The Rehabilitation Act And The Ada To Athletic Association Maximum Semester Rules, John P. Encarnacion

Jeffrey S. Moorad Sports Law Journal

No abstract provided.