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Disability Law Commons

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2001

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Articles 1 - 20 of 20

Full-Text Articles in Disability Law

Constitutional Doctrine As Paring Tool: The Struggle For "Relevant" Evidence In University Of Alabama V. Garrett, Pamela Brandwein Dec 2001

Constitutional Doctrine As Paring Tool: The Struggle For "Relevant" Evidence In University Of Alabama V. Garrett, Pamela Brandwein

University of Michigan Journal of Law Reform

This Article examines the difficulties involved in translating the social model of disability into the idiom of constitutional law. The immediate focus is University of Alabama v. Garrett. Both parts of this Article consider how disability rights claims collide with a discourse of legitimacy in constitutional law. Part I focuses on the arguments presented in several major Briefs filed in support of Garrett. Constitutional doctrines are conceived as paring tools and it is shown how the Court used these doctrines to easily pare down the body of evidence Garrett's lawyers sought to claim as relevant in justifying the ADA ...


The Death Of Section 504, Ruth Colker Dec 2001

The Death Of Section 504, Ruth Colker

University of Michigan Journal of Law Reform

This Article argues that the passage of the ADA had an unexpected consequence, namely the narrowing of the rights that were understood to exist under Section 504. Section 504 covered two broad areas of the law: the law of employment for individuals employed by entities receiving federal financial assistance and the law of education for students attending primary, secondary or higher education. The effect on the law of employment, which I will discuss in Part II, has been immediate and dramatic. The effect on the law of education, discussed in Part III, cannot yet be fully documented. Recent decisions, however ...


Preface, Journal Of Law Reform Dec 2001

Preface, Journal Of Law Reform

University of Michigan Journal of Law Reform

A preface to a University of Michigan Journal of Law Reform symposium entitled The Americans With Disabilities Act: Directions for Reform.


The Imperial Sovereign: Sovereign Immunity & The Ada, Judith Olans Brown, Wendy E. Parmet Dec 2001

The Imperial Sovereign: Sovereign Immunity & The Ada, Judith Olans Brown, Wendy E. Parmet

University of Michigan Journal of Law Reform

Professors Brown and Parmet examine the impact of the Supreme Court's resurrection of state sovereign immunity on the rights of individuals protected by the Americans with Disabilities Act in light of the recent decision, Board of Trustees of the University of Alabama v. Garrett. Placing Garrett within the context of the Rehnquist Court's evolving reallocation of state and federal authority, they argue that the Court has relied upon a mythic and dangerous notion of sovereignty that is foreign to the Framers' understanding. Brown and Parmet go on to show that, by determining that federalism compels constraining congressional power ...


Disability, Equal Protection, And The Supreme Court: Standing At The Crossroads Of Progressive And Retrogressive Logic In Constitutional Classification, Anita Silvers, Michael Ashley Stein Dec 2001

Disability, Equal Protection, And The Supreme Court: Standing At The Crossroads Of Progressive And Retrogressive Logic In Constitutional Classification, Anita Silvers, Michael Ashley Stein

University of Michigan Journal of Law Reform

This Article compares current disability jurisprudence with the development of sex equality jurisprudence in the area of discrimination. It demonstrates that current disability law resembles the abandoned, sexist framework for determining sex equality and argues that disability equality cases should receive similar analysis as the more progressive, current sex equality standard. As such, the Article attempts to synthesize case law (14th Amendment Equal Protection jurisprudence) and statutory law (Title VII and the ADA) into a comprehensive overview of the state of current disability law viewed within the context of discrimination law in general.


"What's Good Is Bad, What's Bad Is Good, You'll Find Out When You Reach The Top, You're On The Bottom": Are The Americans With Disabilities Act (And Olmstead V. L. C.) Anything More Than "Idiot Wind?", Michael L. Perlin Dec 2001

"What's Good Is Bad, What's Bad Is Good, You'll Find Out When You Reach The Top, You're On The Bottom": Are The Americans With Disabilities Act (And Olmstead V. L. C.) Anything More Than "Idiot Wind?", Michael L. Perlin

University of Michigan Journal of Law Reform

Mental disability law is contaminated by "sanism, " an irrational prejudice similar to such other irrational prejudices as racism and sexism. The passage of the Americans with Disabilities Act (ADA)-a statute that focused specifically on questions of stereotyping and stigma-appeared at first to offer an opportunity to deal frontally with sanist attitudes and, optimally, to restructure the way that citizens with mental disabilities were dealt with by the remainder of society. However, in its first decade, the ADA did not prove to be a panacea for such persons. The Supreme Court's 1999 decision in Olmstead v. L.C. - ruling ...


Civil War Pension Attorneys And Disability Politics, Peter Blanck, Chen Song Dec 2001

Civil War Pension Attorneys And Disability Politics, Peter Blanck, Chen Song

University of Michigan Journal of Law Reform

Professor Blanck and Dr. Song provide a detailed examination of the pension disability program established after the Civil War for Union Army Veterans. They use many original sources and perform several statistical analyses as the basis for their summary. They draw parallels between this disability program and the ADA, and they point out that current ADA plaintiffs encounter many of the same social, political and even scientific issues that Union Army veterans dealt with when applying for their disability pensions. The Article demonstrates that history can help predict the trends within, and evolution of the ADA--essentially leading to a better ...


Envisioning A Future For Age And Disability Discrimination Claims, Alison Barnes Dec 2001

Envisioning A Future For Age And Disability Discrimination Claims, Alison Barnes

University of Michigan Journal of Law Reform

This Article considers the reasons for reinterpretations of age and disability and examines the fundamental reasons for changes in the implementation of both the ADA and ADEA. Part I presents the basic structure and relevant requirements of the two statutes and comments on the reasons their legislative purposes are not often seen as overlapping. Part II discusses the recent Supreme Court decisions that have undermined the purposes and implementation of both the ADA and ADEA and chilled causes of action based on the ADA and ADEA. Part III projects the current problems with anti-discrimination causes into the future, when older ...


Reforming Disability Nondiscrimination Laws: A Comparative Perspective, Stanley S. Herr Dec 2001

Reforming Disability Nondiscrimination Laws: A Comparative Perspective, Stanley S. Herr

University of Michigan Journal of Law Reform

Comparing the law and policies of other countries concerning disability rights to ours can help us understand how we may strengthen those rights and heighten compliance with nondiscrimination laws. Since it took effect in 1992, the Americans with Disabilities Act (ADA) has been a leading example of such comprehensive legislation on behalf of people with disabilities. Along with the United Nations Standard Rules on Equalization of Opportunities for Persons with Disabilities, the ADA has inspired many countries to develop their own disability nondiscrimination laws and remedial agencies. This process must work in both directions, however, and laws and agencies from ...


Your Dna Is Your Resume: How Inadequate Protection Of Genetic Information Perpetuates Employment Discrimination Apr 2001

Your Dna Is Your Resume: How Inadequate Protection Of Genetic Information Perpetuates Employment Discrimination

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Dissing Disabilities: A Student's Duty To Mitigate Maladies, J. J. Knauff Mar 2001

Dissing Disabilities: A Student's Duty To Mitigate Maladies, J. J. Knauff

Brigham Young University Education and Law Journal

No abstract provided.


Why An Employer Does Not Have To Answer For Preventing An Employee With A Disability From Utilizing Corrective Measures: The Relationship Between Mitigation And Reasonable Acommodation, Thad Levar Mar 2001

Why An Employer Does Not Have To Answer For Preventing An Employee With A Disability From Utilizing Corrective Measures: The Relationship Between Mitigation And Reasonable Acommodation, Thad Levar

Brigham Young University Journal of Public Law

No abstract provided.


A Conceptual Framework For Genetic Policy: Comparing The Medical, Public Health, And Fundamental Rights Models, Lori B. Andrews Jan 2001

A Conceptual Framework For Genetic Policy: Comparing The Medical, Public Health, And Fundamental Rights Models, Lori B. Andrews

Washington University Law Review

This Article presents the first attempt to develop a comprehensive legal framework governing the regulation of genetic information in the United States. Part II addresses the need for such legal framework. Part III analyzes three conceptual legal models that have been adopted in the past for regulating medical services: the medical model, the public health model, and the fundamental rights model. Part IV examines the results of medical and social scientific studies on the impact of genetic services. Part V addresses the impact of genetic services. Part VI revisits the three models to determine which is appropriate for genetics. Part ...


Making Up For Lost Time: The Third Circuit's Use Of Remedies For Violations Of The Individuals With Disabilities Education Act, Jean M. Bond Jan 2001

Making Up For Lost Time: The Third Circuit's Use Of Remedies For Violations Of The Individuals With Disabilities Education Act, Jean M. Bond

Villanova Law Review

No abstract provided.


Standing In Front Of The Disabled: Judicial Uncertainty Over Enhanced Sightlines In Sports Arenas, James Kurack Jan 2001

Standing In Front Of The Disabled: Judicial Uncertainty Over Enhanced Sightlines In Sports Arenas, James Kurack

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


Foster Care And The “Significant Risk” Of Aids: Applying The Direct Threat Exception To The Americans With Disabilities Act And The Rehabilitation Act In Doe V. County Of Centre, Annie O. Wu Jan 2001

Foster Care And The “Significant Risk” Of Aids: Applying The Direct Threat Exception To The Americans With Disabilities Act And The Rehabilitation Act In Doe V. County Of Centre, Annie O. Wu

Washington University Law Review

No abstract provided.


Comments: A Return To State Sovereignty: How Individuals With Disabilities In Maryland May Still Seek Relief Against State Employers After Board Of Trustees Of The University Of Alabama V. Garrett, Geoffrey G. Hengerer Jan 2001

Comments: A Return To State Sovereignty: How Individuals With Disabilities In Maryland May Still Seek Relief Against State Employers After Board Of Trustees Of The University Of Alabama V. Garrett, Geoffrey G. Hengerer

University of Baltimore Law Review

No abstract provided.


Driving Into The Rough: Conflicting Decisions On The Rights Of Disabled Golfers In Martin V. Pga Tour, Inc. And Olinger V. United States Golf Ass'n, Steven A. Holzbaur Jan 2001

Driving Into The Rough: Conflicting Decisions On The Rights Of Disabled Golfers In Martin V. Pga Tour, Inc. And Olinger V. United States Golf Ass'n, Steven A. Holzbaur

Villanova Law Review

No abstract provided.


Giving New Meaning To "Handicap": The Americans With Disabilities Act And Its Uneasy Relationship With Professional Sports In Pga Tour, Inc. V. Martin, William E. Spruill Jan 2001

Giving New Meaning To "Handicap": The Americans With Disabilities Act And Its Uneasy Relationship With Professional Sports In Pga Tour, Inc. V. Martin, William E. Spruill

University of Richmond Law Review

Imagine that an all-star batter for the New York Yankees had a circulatory disease that made it difficult and painful for him to run. Would Major League Baseball be forced to permit a designated base runner to run for the disabled batter starting from home plate? Consider Jim Abbott, the successful major league pitcher who was born without a right arm. Under the Americans With Disabilities Act ("ADA"), could Abbott, who pitched well for many years in the American League, which has the designated hitter rule, force the National League, which does not, to exempt him from its batting requirement ...


The Applicability Of The Ada To Private Internet Web Sites, Carrie L. Kiedrowski Jan 2001

The Applicability Of The Ada To Private Internet Web Sites, Carrie L. Kiedrowski

Cleveland State Law Review

This article proposes that private commercial web sites are considered places of public accommodation; consequently, private Internet web sites must be accessible to people with disabilities under the Americans with Disabilities Act. Part I introduces the thesis of this article. Part II sets out the historical inception of the legal rights of accessibility for people with disabilities in public and private entities. Additionally, Part II describes recent federal actions mandating accessibility of government related web sites. Part III addresses the question of whether Internet web sites are considered places of public accommodation under the ADA, including an analysis of supporting ...