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Disability Law Commons

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1999

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Articles 1 - 23 of 23

Full-Text Articles in Disability Law

Tools For Inclusion: Helpful Hints: How To Fill Out A Winning Pass Application, Jaimie Ciulla Timmons, Steven Graham Dec 1999

Tools For Inclusion: Helpful Hints: How To Fill Out A Winning Pass Application, Jaimie Ciulla Timmons, Steven Graham

Tools for Inclusion Series, Institute for Community Inclusion

This brief uses the story of one career woman to illustrate how to apply for and use a PASS (Plan for Achieving Self Support), a Social Security program that allows people receiving SSI to maintain benefits as they start working.


Tools For Inclusion: Understanding The Ssi Work Incentives, John Butterworth Nov 1999

Tools For Inclusion: Understanding The Ssi Work Incentives, John Butterworth

Tools for Inclusion Series, Institute for Community Inclusion

Information about Social Security Administration programs that can help people who receive Supplemental Security Income (SSI) to retain benefits that can support and ensure long-term employment.


The Benefits Of Voluntary Inpatient Psychiatric Hospitalization: Myth Or Reality?, Donald H. Stone Oct 1999

The Benefits Of Voluntary Inpatient Psychiatric Hospitalization: Myth Or Reality?, Donald H. Stone

All Faculty Scholarship

Throughout the United States, mentally ill persons are confined against their will in psychiatric hospitals as a result of being accused of dangerous behavior. Some are committed involuntarily by a judge after an administrative hearing during which they are afforded legal representation, a right to be present, and important due process protections, including the right to cross-examine witnesses and present one's own witnesses. However, a significant number of individuals, initially confined in psychiatric institutions for allegedly posing a danger to life or safety, never see an impartial judge, lawyer, or even a family member. These mentally ill individuals are ...


Eradicating Discrimination Among Individuals With Disabilities: Parity In Employer-Provided, Long-Term Disability Benefit Plans, Andrea K. Short Sep 1999

Eradicating Discrimination Among Individuals With Disabilities: Parity In Employer-Provided, Long-Term Disability Benefit Plans, Andrea K. Short

Washington and Lee Law Review

No abstract provided.


"Don't Tread On The Ada": Olmstead V. L.C. Ex Rel. Zimring And The Future Of Community Intergration For Individuals With Mental Disabilities, Joanne Karger Sep 1999

"Don't Tread On The Ada": Olmstead V. L.C. Ex Rel. Zimring And The Future Of Community Intergration For Individuals With Mental Disabilities, Joanne Karger

Boston College Law Review

No abstract provided.


Policy Brief: Provisions In The Workforce Investment Act Describing The Interplay Between Workforce Investment Systems And Vocational Rehabilitation Programs, Robert Silverstein May 1999

Policy Brief: Provisions In The Workforce Investment Act Describing The Interplay Between Workforce Investment Systems And Vocational Rehabilitation Programs, Robert Silverstein

Policy Briefs Series, Institute for Community Inclusion

This brief identifies the sections in Title I of the Workforce Investment Act that specifically reference the state VR program, individuals with disabilities, and organizations representing individuals with disabilities.


Arbitration, Labor Contracts, And The Ada: The Benefits Of Pre-Dispute Arbitration Agreements And An Update On The Conflict Between The Duty To Accommodate And Seniority Rights, Jan William Sturner Apr 1999

Arbitration, Labor Contracts, And The Ada: The Benefits Of Pre-Dispute Arbitration Agreements And An Update On The Conflict Between The Duty To Accommodate And Seniority Rights, Jan William Sturner

University of Arkansas at Little Rock Law Review

No abstract provided.


Former Employees' Right To Relief Under The Americans With Disabilities Act, Donna L. Mack Apr 1999

Former Employees' Right To Relief Under The Americans With Disabilities Act, Donna L. Mack

Washington Law Review

The Americans with Disabilities Act (ADA) does not state whether a former employee may sue a former employer regarding post-employment fringe benefits. Some courts have held that former employees who are retired or have total disabilities have no right to relief under the statute because they do not meet the ADA's requirement that a claimant be a "qualified individual with a disability." Other courts have concluded that former employees receiving post-employment benefits do have a right to relief under the statute. These courts reasoned that an internal ambiguity in the statute requires courts to look to the legislative history ...


Special Education, Equal Protection And Education Finance: Does The Individuals With Disabilities Education Act Violate A General Education Student's Fundamental Right To Education, Gregory F. Corbett Mar 1999

Special Education, Equal Protection And Education Finance: Does The Individuals With Disabilities Education Act Violate A General Education Student's Fundamental Right To Education, Gregory F. Corbett

Boston College Law Review

No abstract provided.


Institute Brief: Recreation In The Community, Maria Paiewonsky, Susan Tufts Jan 1999

Institute Brief: Recreation In The Community, Maria Paiewonsky, Susan Tufts

The Institute Brief Series, Institute for Community Inclusion

Recommendations from community recreation providers on how to include youth with disabilities in recreation programs.


Research To Practice: The Successes And Struggles Of Closing A Facility-Based Employment Service, John Butterworth, Sheila Fesko Jan 1999

Research To Practice: The Successes And Struggles Of Closing A Facility-Based Employment Service, John Butterworth, Sheila Fesko

Research to Practice Series, Institute for Community Inclusion

A brief overview of findings from the Conversion to Integrated Employment monographs.


Constitutional Protection For Conversations Between Therapists And Clients, Paul E. Salamanca Jan 1999

Constitutional Protection For Conversations Between Therapists And Clients, Paul E. Salamanca

Law Faculty Scholarly Articles

People have long perceived a connection between mental and even physical illness and physical anguish. Yet, modern culture tends to view both types of illness from an increasingly medical perspective, seeking a genetic or environmental explanation. In most cases, this “medical model” is probably the best approach, even if it is imperfect. First, the purely medical explanation may be accurate. Second, even if it is not accurate, treating the symptoms of a disease with a spiritual source is probably easier than treating the source itself. Ultimately, however, we must take note that disease is often not the result of genetics ...


Institute Brief: Quality Employment Services: Will You Know It When You See It?, David Hoff Jan 1999

Institute Brief: Quality Employment Services: Will You Know It When You See It?, David Hoff

The Institute Brief Series, Institute for Community Inclusion

Guidelines and steps for people with disabilities to evaluate agencies in order to receive services that best meet their individual needs.


Determining Reasonable Accommodations Under The Ada: Why Courts Should Require Employers To Participate In An "Interactive Process", Alysa M. Barancik Jan 1999

Determining Reasonable Accommodations Under The Ada: Why Courts Should Require Employers To Participate In An "Interactive Process", Alysa M. Barancik

Loyola University Chicago Law Journal

No abstract provided.


The Rights Of Bar Examination Applicants With Disabilities In The United States, Edwin R. Hazen, Robert D. Dinerstein Jan 1999

The Rights Of Bar Examination Applicants With Disabilities In The United States, Edwin R. Hazen, Robert D. Dinerstein

Human Rights Brief

No abstract provided.


The Americans With Certain Disabilities Act: Title I Of The Ada And The Supreme Court's Result Oriented Jurisprudence, Frank S. Ravitch Jan 1999

The Americans With Certain Disabilities Act: Title I Of The Ada And The Supreme Court's Result Oriented Jurisprudence, Frank S. Ravitch

Faculty Publications

No abstract provided.


Disabilities In Notary Law And Practice, 32 J. Marshall L. Rev. 1033 (1999), R. Jason Richards Jan 1999

Disabilities In Notary Law And Practice, 32 J. Marshall L. Rev. 1033 (1999), R. Jason Richards

The John Marshall Law Review

No abstract provided.


"Half-Wracked Prejudice Leaped Forth:" Sanism, Pretextuality, And Why And How Mental Disability Law Developed As It Did, Michael L. Perlin Jan 1999

"Half-Wracked Prejudice Leaped Forth:" Sanism, Pretextuality, And Why And How Mental Disability Law Developed As It Did, Michael L. Perlin

Articles & Chapters

Mental disability law jurisprudence is often incoherent Much of its incoherence can be explained by two concepts that dominate this area of the law: sanism (the irrational prejudices that cause, and are reflected in, prevailing social attitudes toward mentally disabled persons, and those so perceived) and pretextuality (the courts' acceptance -- either implicit or explicit -- of testimonial dishonesty and their decisions to engage in dishonest decisionmaking in mental disability law cases). Mental disability law is frequently premised on stereotypes and on prejudice, on typification and fear. These distortions reflect sanism; cases that sanction the use of such stereotypes and prejudice reflect ...


The Americans With Disabilities Act And Its Application To High School, Collegiate And Professional Athletics, Jonathan R. Cook Jan 1999

The Americans With Disabilities Act And Its Application To High School, Collegiate And Professional Athletics, Jonathan R. Cook

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


The Impact Of Title Iii Of The Americans With Disabilities Act On Employer-Provided Insurance Plans: Is The Insurance Company Subject To Liability?, Jill L. Schultz Jan 1999

The Impact Of Title Iii Of The Americans With Disabilities Act On Employer-Provided Insurance Plans: Is The Insurance Company Subject To Liability?, Jill L. Schultz

Washington and Lee Law Review

No abstract provided.


Half-Wracked Prejudice Leaped Forth: Sanism, Pretextuality, And Why And How Mental Disability Law Developed As It Did, Michael L. Perlin Jan 1999

Half-Wracked Prejudice Leaped Forth: Sanism, Pretextuality, And Why And How Mental Disability Law Developed As It Did, Michael L. Perlin

Articles & Chapters

Mental disability law jurisprudence is often incoherent Much of its incoherence can be explained by two concepts that dominate this area of the law: sanism (the irrational prejudices that cause, and are reflected in, prevailing social attitudes toward mentally disabled persons, and those so perceived) and pretextuality (the courts' acceptance -- either implicit or explicit -- of testimonial dishonesty and their decisions to engage in dishonest decisionmaking in mental disability law cases). Mental disability law is frequently premised on stereotypes and on prejudice, on typification and fear. These distortions reflect sanism; cases that sanction the use of such stereotypes and prejudice reflect ...


Mr. Peanut Goes To Court: Accomodating An Individuals Peanut Allergy In Schools And Day Care Centers Under The Americans Wtih Disabilities Act, Marie Plicka Jan 1999

Mr. Peanut Goes To Court: Accomodating An Individuals Peanut Allergy In Schools And Day Care Centers Under The Americans Wtih Disabilities Act, Marie Plicka

Journal of Law and Health

This article explores the ADA and the interpretive case law, as it pertains to schools and day care centers, in hopes of better understanding the purpose of the statute as well as to predict its future. Part II of this article provides a brie explanation of peanut allergies. Part III contains an overview of Title II and Title III of the ADA and their interpretive regulations. Part IV analyzes whether an individual asserting a Title II claim under the ADA, where the relief sought is also available under the Individual with Disabilities Education Act before asserting his or her ADA ...


Academic Standards Or Discriminatory Hoops? Learning-Disabled Student-Athlete And The Ncaa Initial Academic Eligibility Requirements, Maureen A. Weston Prof. Dec 1998

Academic Standards Or Discriminatory Hoops? Learning-Disabled Student-Athlete And The Ncaa Initial Academic Eligibility Requirements, Maureen A. Weston Prof.

Maureen A Weston

This Article explores the impact of federal disability laws on the NCAA's authority to apply its initial academic eligibility requirements to learning-disabled student-athletes. Part II provides an overview of the three primary federal laws governing students with learning disabilities. Part III describes the NCAA and the standards and processes it employs to determine freshman eligibility for athletic scholarships and participation in intercollegiate sports. Part IV tracks the judicial responses to litigation brought by students with learning disabilities challenging the NCAA eligibility criteria under the ADA. Part V analyzes the ADA's application to the NCAA and identifies specific instances ...