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- Americans with disabilities act (7)
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- Americans with Disabilities Act; ADA; disability discrimination; determining disability; judicial estoppel; (1)
- Americans with Disabilities Act; ADA; disability discrimination; disability policy; Rehabilitation Act of 1973; Individuals with Disabilities Education Act; IDEA; reaction to ADA; (1)
- Americans with Disabilities Act; ADA; disability discrimination; judicial limits on ADA; corrective devices; determining disability; regarded as disabled; Murphy v. United Parcel Service; Albertsons Inc. v. Kirkingburg; (1)
- Americans with disabilities act of 1990 (1)
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- Black Lung Benefits Act of 1972 (1)
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- Journal of Health Care Law and Policy (9)
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Articles 1 - 27 of 27
Full-Text Articles in Disability Law
Reducing The Overburden: The Doris Coal Presumption And Administrative Efficiency Under The Black Lung Benefits Act, Eric R. Olson
Reducing The Overburden: The Doris Coal Presumption And Administrative Efficiency Under The Black Lung Benefits Act, Eric R. Olson
Michigan Law Review
Coal dust build-up prevents many coal miners' lungs from functioning properly. This condition, commonly referred to as black lung or pneumoconiosis, can make common activities nearly impossible. The Black Lung Benefits Act covers the cost of medical treatment for many affected miners, though procedural impediments often prevent miners from receiving care. The miner's current or former employer, when identifiable, must pay for medical care relating to the miner's black lung. Most disputes over miners' claims for medical care arise when the miner has a history of cigarette smoking and the need for medical care could arise from either coal dust …
Deference And Disability Discrimination, Rebecca Hanner White
Deference And Disability Discrimination, Rebecca Hanner White
Michigan Law Review
For thirty-five years, the civil rights community has paid scant attention to administrative law principles. Those interested in advancing on-the-job equality for this country's working men and women (or in preserving employer autonomy vis-a-vis federal encroachment) have all but ignored what many consider the arcane technicalities of administrative law. This state of affairs is strange when one considers that administration and enforcement of each of our major federal laws outlawing employment discrimination have been confided to an administrative agency, the Equal Employment Opportunity Commission ("EEOC"). The EEOC, however, has historically been given short shrift by litigants and by the judiciary. …
Let's Be Reasonable Here: Why The Ada Will Not Ruin Professional Sports, Michael Waterstone
Let's Be Reasonable Here: Why The Ada Will Not Ruin Professional Sports, Michael Waterstone
BYU Law Review
No abstract provided.
Disability Benefits And The Ada After Cleveland V. Policy Management Systems, Jessica Barth
Disability Benefits And The Ada After Cleveland V. Policy Management Systems, Jessica Barth
Indiana Law Journal
No abstract provided.
Reassignment Under The Americans With Disabilities Act: Reasonable Accommodation, Affirmative Action, Or Both?, Stephen F. Befort, Tracey Holmes Donesky
Reassignment Under The Americans With Disabilities Act: Reasonable Accommodation, Affirmative Action, Or Both?, Stephen F. Befort, Tracey Holmes Donesky
Washington and Lee Law Review
No abstract provided.
Transfer Of Rights Under The Individuals With Disabilities Act: Adulthood With Ability Or Disability?, Deborah Rebore, Perry Zirkel
Transfer Of Rights Under The Individuals With Disabilities Act: Adulthood With Ability Or Disability?, Deborah Rebore, Perry Zirkel
Brigham Young University Education and Law Journal
No abstract provided.
Sutton V. United Air Lines, Inc.: The Role Of Mitigating Measures In Determining Disabilities, Julia J. Hall
Sutton V. United Air Lines, Inc.: The Role Of Mitigating Measures In Determining Disabilities, Julia J. Hall
Mercer Law Review
In Sutton v. United Air Lines, Inc., the United States Supreme Court held that the determination of "disability" under the Americans with Disabilities Act of 1990 ("ADA") requires a consideration of any mitigating or corrective measures. The Court further held that an individual is "regarded as" disabled under the ADA if a covered entity mistakenly believes that the individual's actual, yet nonlimiting, impairment substantially limits a major life activity. This Casenote focuses only on the issue of whether the determination of disability under the ADA should be made with reference to any mitigating measures for the impairment.
The Americans With Disabilities Act Of 1900: A Road Now Too Narrow, Luther Sutter
The Americans With Disabilities Act Of 1900: A Road Now Too Narrow, Luther Sutter
University of Arkansas at Little Rock Law Review
No abstract provided.
Reflections On Disability Discrimination Policy—25 Years, Laura F. Rothstein
Reflections On Disability Discrimination Policy—25 Years, Laura F. Rothstein
University of Arkansas at Little Rock Law Review
No abstract provided.
The Americans With Disabilities Act After Sutton V. United Air Lines--Can It Live Up To Its Promise Of Freedom For Disabled Americans?, Ashley L. Pack
The Americans With Disabilities Act After Sutton V. United Air Lines--Can It Live Up To Its Promise Of Freedom For Disabled Americans?, Ashley L. Pack
Kentucky Law Journal
No abstract provided.
Aging, Rights, And Quality Of Life: Prospects For Older People With Developmental Disabilities, Mark C. Weber
Aging, Rights, And Quality Of Life: Prospects For Older People With Developmental Disabilities, Mark C. Weber
Loyola University Chicago Law Journal
No abstract provided.
Bragdon V. Abbott, Asymptomatic Genetic Conditions, And Antidiscrimination Law: A Conservative Perspective , Roger Clegg
Bragdon V. Abbott, Asymptomatic Genetic Conditions, And Antidiscrimination Law: A Conservative Perspective , Roger Clegg
Journal of Health Care Law and Policy
No abstract provided.
Discrimination Based On Hiv/Aids And Other Health Conditions: "Disability" As Defined Under Federal And State Law, David W. Webber
Discrimination Based On Hiv/Aids And Other Health Conditions: "Disability" As Defined Under Federal And State Law, David W. Webber
Journal of Health Care Law and Policy
No abstract provided.
Olmstead V. Zimring, Unnecessary Institutionalization Constitutes Discrimination Under The Americans With Disabilities Act, Shoshana Fishman
Olmstead V. Zimring, Unnecessary Institutionalization Constitutes Discrimination Under The Americans With Disabilities Act, Shoshana Fishman
Journal of Health Care Law and Policy
No abstract provided.
Cleveland V. Policy Management Systems Corporation: Triumph For The Working Disabled Or Hollow Procedural Device?, Sarah N. Otwell
Cleveland V. Policy Management Systems Corporation: Triumph For The Working Disabled Or Hollow Procedural Device?, Sarah N. Otwell
Journal of Health Care Law and Policy
No abstract provided.
Genetic Discrimination: Why Bragdondoes Not Ensure Protection, Laura F. Rothstein
Genetic Discrimination: Why Bragdondoes Not Ensure Protection, Laura F. Rothstein
Journal of Health Care Law and Policy
No abstract provided.
Adverse Impact Of Predisposition Testing On Major Life Activities: Lessons From Brca 1/2testing, Katherine A. Schneider
Adverse Impact Of Predisposition Testing On Major Life Activities: Lessons From Brca 1/2testing, Katherine A. Schneider
Journal of Health Care Law and Policy
No abstract provided.
Maintaining Athletics As An Important Part Of A High School Education: The Seventh Circuit Gives Hope To Disabled Student-Athletes In Washington V. Indiana High School Athletic Association, Inc., Kristine Larochelle
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
Is There A Pink Slip In My Genes? Genetic Discrimination In The Workplace, Paul Steven Miller, Lawrence O. Gostin
Is There A Pink Slip In My Genes? Genetic Discrimination In The Workplace, Paul Steven Miller, Lawrence O. Gostin
Journal of Health Care Law and Policy
No abstract provided.
The Definition Of Disability: Perspective Of The Disability Community, Deborah Kaplan
The Definition Of Disability: Perspective Of The Disability Community, Deborah Kaplan
Journal of Health Care Law and Policy
No abstract provided.
Bragdon V. Abbott: Extending The Americans With Disabilities Act To Asymptomatic Individuals, Eugenia Liu
Bragdon V. Abbott: Extending The Americans With Disabilities Act To Asymptomatic Individuals, Eugenia Liu
Journal of Health Care Law and Policy
No abstract provided.
A Study In Double Standards, Discipline, And The Disabled Student, Anne Proffitt Dupre
A Study In Double Standards, Discipline, And The Disabled Student, Anne Proffitt Dupre
Washington Law Review
School violence and other school discipline issues erode trust and confidence in our public schools and inhibit students from obtaining the education necessary to participate meaningfully in our nation's democratic and political institutions. This Article examines an issue of school law that appears almost insoluble-what one judge has called the "exquisitely difficult" issue of school discipline and the disabled student. The issue is governed by the Individuals with Disabilities Education Act (IDEA, enacted in 1975), which imposes significant constraints on school authorities who wish to discipline disruptive or violent disabled students. School officials have stated that IDEA left them powerless …
Between A Disability And A Hard Place: The Cancer Survivors' Catch-22 Of Proving Disability Status Under The Americans With Disabilities Act, Barbara Hoffman
Between A Disability And A Hard Place: The Cancer Survivors' Catch-22 Of Proving Disability Status Under The Americans With Disabilities Act, Barbara Hoffman
Maryland Law Review
No abstract provided.
The Wrong Tool For The Right Job: Are Commercial Websites Places Of Public Accommodation Under The Americans With Disabilities Act Of 1990?, Patrick Maroney
The Wrong Tool For The Right Job: Are Commercial Websites Places Of Public Accommodation Under The Americans With Disabilities Act Of 1990?, Patrick Maroney
Vanderbilt Journal of Entertainment & Technology Law
The text of the ADA does not support such an extension. The interpretative canons of "noscitur a sociis" and "ejusdem generis" dictate that "places of public accommodation" refer exclusively to physical facilities. The canons also sufficiently resolve any possible statutory ambiguities, thereby foreclosing the opportunity for contrary agency interpretations. Although the intentionally broad purpose and design of the ADA make the statute an attractive avenue for advocates of online expansion, that same purpose and design limit the ADA to physical facilities. This note addresses the issues in two parts. First, it presents the arguments just listed. Second, it recognizes the …
Is Hiv Disability Under The Americans With Disabilities Act: Unanswered Questions After Bragdon V. Abbott, Connie Mayer
Is Hiv Disability Under The Americans With Disabilities Act: Unanswered Questions After Bragdon V. Abbott, Connie Mayer
Journal of Law and Health
Prior to the passage of the ADA in 1990, the term "individual with a handicap" had been clearly established under federal disability laws to include all people with HIV. Every reported decision under the Rehabilitation Act and the Fair Housing Amendment Act had determined that asymptomatic HIV was protected as a per se disability. Prior to 1997, only a few Courts had faced the issue of whether a plaintiff with asymptomatic HIV was disabled under the ADA. In 1997, the Fourth and First Circuit Courts of Appeal decided cases in direct conflict with one another, opening the door for the …
Scaling Back The Ada: How The Sutton V. United Airlines Decision Affects Employees With Bipolar Disorder., Kevin Wiley Jr.
Scaling Back The Ada: How The Sutton V. United Airlines Decision Affects Employees With Bipolar Disorder., Kevin Wiley Jr.
The Scholar: St. Mary's Law Review on Race and Social Justice
The Sutton v. United Airlines decision went too far in the Supreme Court’s effort to scale back the protections of the Americans with Disabilities Act (ADA). Congress should review the Sutton decision and amend the ADA to consider disabilities as they exist without regard to mitigating measures based on the severity of the illness. To seek protection under the ADA, one must have a discernable disability, and one’s impairment must be diagnosed and disclosed to the employer. Disability, however, was not specifically defined in the ADA, and no agency or regulation has specifically defined disability for the courts to utilize …
The Supreme Court Reins In The Americans With Disabilities Act, Stephen W. Jones
The Supreme Court Reins In The Americans With Disabilities Act, Stephen W. Jones
University of Arkansas at Little Rock Law Review
No abstract provided.