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Articles 31 - 52 of 52
Full-Text Articles in Disability Law
Controversy In The Deaf Community, Molly Mack
Controversy In The Deaf Community, Molly Mack
Public Interest Law Reporter
No abstract provided.
Supreme Court Clarifies Standard For Proving 'Disability', Molly Mack
Supreme Court Clarifies Standard For Proving 'Disability', Molly Mack
Public Interest Law Reporter
No abstract provided.
Are You My Parent? Are You My Child? The Role Of Genetics And Race In Defining Relationships After Reproductive Technological Mistakes, 5 Depaul J. Health Care L. 15 (2002), Raizel Liebler
UIC Law Open Access Faculty Scholarship
Imagine that you are a married woman who wants to have a genetically related child with your husband. Your doctor tells you that you are infertile, and therefore you and your husband go to XYZ fertility clinic to receive in vitro treatment. You have your eggs harvested, your husband supplies sperm, and ten embryos are created. Five embryos are implanted in your uterus and five are frozen and kept by the fertility clinic for your later use. You successfully conceive and give birth to twins. You notice that the children you give birth to are of a different race than …
The Judicial Transformation Of Social Security Disability: The Case Of Mental Disorders And Childhood Disability, Jennifer L. Erkulwater
The Judicial Transformation Of Social Security Disability: The Case Of Mental Disorders And Childhood Disability, Jennifer L. Erkulwater
Political Science Faculty Publications
A full account of the judicial influence on Social Security disability programs would require a book-length, perhaps even encyclopedia-length, treatise and would take us far afield from our present concern. This article focuses narrowly on the activities of Legal Services attorneys, mental health reformers, and children's advocates. Although mental health reformer groups are only one of many antipoverty organizations involved in advocacy efforts on behalf of the disabled poor, they have been among the most persistent, the most active, and the most successful in using a litigation strategy to achieve their larger policy goals. According to one Social Security official, …
Foreword: "Children With Special Needs: The Intersection Of Health Care, Education & The Law", Susan P. Leviton
Foreword: "Children With Special Needs: The Intersection Of Health Care, Education & The Law", Susan P. Leviton
Journal of Health Care Law and Policy
This foreword was written as an introduction to the May 2001 symposium sponsored by the University of Maryland Law and Health Care Program entitled "Children with Special Needs: the Intersection of Health Care Education & the Law.
Road Warrior: Two Parents' Perspective On Getting Services For Children With Special Needs, Teresa K. Lamaster, John J. O'Brien
Road Warrior: Two Parents' Perspective On Getting Services For Children With Special Needs, Teresa K. Lamaster, John J. O'Brien
Journal of Health Care Law and Policy
No abstract provided.
The Idea's Promise Unfulfilled: A Second Look At Special Education & Related Services For Children With Mental Health Needs After Garret F, Ellen A. Callegary
The Idea's Promise Unfulfilled: A Second Look At Special Education & Related Services For Children With Mental Health Needs After Garret F, Ellen A. Callegary
Journal of Health Care Law and Policy
No abstract provided.
Achieving Service Integration For Children With Special Health Care Needs: An Assessment Of Alternative Medicaid Managed Care Models, Ian Hill, Renee Schwalberg, Beth Zimmerman, Wilma Tilson
Achieving Service Integration For Children With Special Health Care Needs: An Assessment Of Alternative Medicaid Managed Care Models, Ian Hill, Renee Schwalberg, Beth Zimmerman, Wilma Tilson
Journal of Health Care Law and Policy
No abstract provided.
The Provision Of School Health Services To Students With Disabilities: The Intersection Of Health Care Policy, Education And The Law In The Post-Garret F. Era, Leslie Seid Margolis
The Provision Of School Health Services To Students With Disabilities: The Intersection Of Health Care Policy, Education And The Law In The Post-Garret F. Era, Leslie Seid Margolis
Journal of Health Care Law and Policy
No abstract provided.
Rights Of People With Disabilities To Emergency Evacuation Under The Americans With Disabilities Act Of 1990, William C. Hollis Iii
Rights Of People With Disabilities To Emergency Evacuation Under The Americans With Disabilities Act Of 1990, William C. Hollis Iii
Journal of Health Care Law and Policy
No abstract provided.
The United States' Position On The Death Penalty In The Inter-American Human Rights System, Richard J. Wilson
The United States' Position On The Death Penalty In The Inter-American Human Rights System, Richard J. Wilson
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Disability, Doctors And Dollars: Distinguishing The Three Faces Of Reasonable Accommodation, Elizabeth Pendo
Disability, Doctors And Dollars: Distinguishing The Three Faces Of Reasonable Accommodation, Elizabeth Pendo
All Faculty Scholarship
Despite a decade of litigation, there is no consistent understanding of the reasonable accommodation requirement of Title I of the Americans with Disabilities Act of 1990 (the 'ADA'). Indeed, there are three inconsistent distributive outcomes that appear to comport with the reasonable accommodation requirement: cost-shifting, cost-sharing, and cost-avoidance.
One reason for such inconsistent outcomes is a failure to develop a coherent and consistent theory of disability. Because disability has been and continues to be medicalized, this Article takes a fresh look at the medical literature on health, illness, and disability. It recommends the use of the experiential health model over …
New Perspectives On Education Children With Adhd: Contributions Of The Executive Functions, Gerard A. Gioia, Peter K. Isquith
New Perspectives On Education Children With Adhd: Contributions Of The Executive Functions, Gerard A. Gioia, Peter K. Isquith
Journal of Health Care Law and Policy
No abstract provided.
Chimes Of Freedom: International Human Rights And Institutional Mental Disability Law, Michael L. Perlin
Chimes Of Freedom: International Human Rights And Institutional Mental Disability Law, Michael L. Perlin
Articles & Chapters
No abstract provided.
Disability, Employment Policy, And The Supreme Court, Michael Ashley Stein
Disability, Employment Policy, And The Supreme Court, Michael Ashley Stein
Faculty Publications
No abstract provided.
Book Review Of Anti-Discrimination Law And The European Union, Michael Ashley Stein
Book Review Of Anti-Discrimination Law And The European Union, Michael Ashley Stein
Faculty Publications
No abstract provided.
Lessons From Martin: The Ada And Athletics Don't Mix, Thomas E. Green
Lessons From Martin: The Ada And Athletics Don't Mix, Thomas E. Green
Journal of Law and Health
Martin is a professional golfer in his twenties who is stricken by Klippel-Trenaunay-Weber Syndrome. This disability makes it medically impossible for him to play golf without the use of a golf cart. Martin sued the PGA Tour in 1997 after his request to use a golf cart in a tour event was denied. The U.S. Supreme Court affirmed the Ninth Circuit's ruling allowing Martin to use a golf cart for PGA events. In another case, after initially allowing the golfer, Olinger, to compete in the qualifying rounds, the District Court, and subsequently the Court of Appeals for the Seventh Circuit, …
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
Articles & Chapters
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 too 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. …
How Not To End Disability, Janet Radcliffe Richards
How Not To End Disability, Janet Radcliffe Richards
San Diego Law Review
When advances in genetic technology offer the chance of preventing or curing disease and disability, it is one thing to recommend caution on the grounds that these obvious benefits may be outweighed by associated harms. It is quite another to deny even that there are benefits to be outweighed, and that attempts to prevent disability by these means should be resisted outright. That, however, is a view that is increasingly widespread in the disability rights movement.
Access Denied And Not Designed: The Ninth Circuit Drafts A Narrow Escape For Architect Liability Under The Americans With Disabilities Act In Lonberg V. Sanborn Theaters, Inc., Mita Chatterjee
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
Promoting Judicial Acceptance And Use Of Limited Guardianship, Lawrence A. Frolik
Promoting Judicial Acceptance And Use Of Limited Guardianship, Lawrence A. Frolik
Articles
Guardianship comes within the special province of judges. In the great majority of guardianship hearings, there is no jury. The presiding judge is the sole arbiter of whether the alleged incapacitated person meets the legal standard of mental incapacity and whether that person would benefit from the appointment of a guardian. If a guardian is appointed, the judge determines the type and extent of the powers granted to the guardian. Of course, the judge is not simply free to follow his or her own instincts or desires, for the judge is bound to determine the facts carefully and apply the …
Genetically Defective: The Judicial Interpretation Of The Americans With Disabilities Act Fails To Protect Against Genetic Discrimination In The Workplace, 35 J. Marshall L. Rev. 457 (2002), Brian M. Holt
UIC Law Review
No abstract provided.