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Articles 1 - 30 of 61
Full-Text Articles in Disability Law
Why Can't Discrimination Be Discrimination? Johnson V. K Mart Corp. And The Meaning Of "Discrimination" Under The Americans With Disabilities Act, Todd Prall
BYU Law Review
No abstract provided.
Brief For American Association On Mental Retardation, The Arc, The Judge David L. Bazelon Center For Mental Health Law, American Academy Of Psychiatry And The Law, And Tash, Tennard V. Dretke, James W. Ellis, Norman C. Bay, Michael Browde, Christian G. Fritz, April Land, Robert Schwartz
Brief For American Association On Mental Retardation, The Arc, The Judge David L. Bazelon Center For Mental Health Law, American Academy Of Psychiatry And The Law, And Tash, Tennard V. Dretke, James W. Ellis, Norman C. Bay, Michael Browde, Christian G. Fritz, April Land, Robert Schwartz
Faculty Scholarship
The obstacles placed by the Fifth Circuit in the path of jurors' fair consideration of a defendant's condition are inconsistent with this Court's teachings about the fundamental importance of the jury's role in determining the appropriate penalty in capital cases.
Three Steps And You're Out: The Misuse Of The Sequential Evaluation Process In Child Ssi Disability Determinations, Frank S. Bloch
Three Steps And You're Out: The Misuse Of The Sequential Evaluation Process In Child Ssi Disability Determinations, Frank S. Bloch
University of Michigan Journal of Law Reform
The federal Supplemental Security Income (SSI) program provides cash benefits to financially needy persons who are 65 years of age or older, blind, or disabled. It also provides cash benefits to children with disabilities under the age of 18. This Article examines three sets of regulatory efforts to implement special disability standards for children, based first on the original SSI legislation, then on a seminal Supreme Court decision, and finally on amendments to the Social Security Act overruling the Court's decision, and shows how the "sequential evaluation process," which has been useful for adjudicating adult disability claims, has been a …
Is There Light At The End Of The Tunnel? Balancing Finality And Accuracy For Federal Black Lung Benefits Awards, Brian L. Hager
Is There Light At The End Of The Tunnel? Balancing Finality And Accuracy For Federal Black Lung Benefits Awards, Brian L. Hager
Washington and Lee Law Review
No abstract provided.
Research To Practice: Innovations In Employment Supports: Washington State's Division Of Developmental Disabilities, John Butterworth, Allison Cohen Hall
Research To Practice: Innovations In Employment Supports: Washington State's Division Of Developmental Disabilities, John Butterworth, Allison Cohen Hall
Research to Practice Series, Institute for Community Inclusion
As evidence of the positive outcomes associated with integrated employment develops it is important to identify policy and practices at the state level that expand access to employment opportunity. This brief presents findings from Institute for Community Inclusion (ICI) case study research focused on state agencies that support individuals with developmental disabilities.
Research To Practice: Local Vocational Rehabilitation Interagency Agreements For Employment: Partners, Collaborative Activities, And Impact, Cynthia A. Smith, Deborah S. Metzel, Bob Schalock
Research To Practice: Local Vocational Rehabilitation Interagency Agreements For Employment: Partners, Collaborative Activities, And Impact, Cynthia A. Smith, Deborah S. Metzel, Bob Schalock
Research to Practice Series, Institute for Community Inclusion
Federal legislation and state policies increasingly mandate or encourage interagency agreements and collaboration. This study examined the content and impact of interagency agreements between the local office of VR and the following local state agencies for FY1999: Mental Retardation/Developmental Disabilities, Mental Health, local schools, and Temporary Assistance to Needy Families.
Atkins V. Virginia: The Court's Failure To Recognize What Lies Beneath, Jaime L. Henshaw
Atkins V. Virginia: The Court's Failure To Recognize What Lies Beneath, Jaime L. Henshaw
University of Richmond Law Review
No abstract provided.
Crazy (Mental Illness Under The Ada), Jane Byeff Korn
Crazy (Mental Illness Under The Ada), Jane Byeff Korn
University of Michigan Journal of Law Reform
This Article examines how people with mental disabilities and mental illnesses have been treated under the Americans with Disabilities Act. Part I addresses the history of mental illness. It argues that while beliefs about the causes and content of mental illness have vacillated over time, the mentally ill have received consistently poor treatment throughout human history. Part II addresses present problems with the definition of mental illness, including how mental illness and mental disability are defined under the Americans with Disabilities Act.
Part III discusses the problems faced by people with mental illness today. The author argues the current state …
Remembering Andrew I. Batavia, Michael Ashley Stein
Remembering Andrew I. Batavia, Michael Ashley Stein
Faculty Publications
No abstract provided.
Disability Harassment: How Far Should The Ada Follow In The Footsteps Of Title Vii?, Leah C. Myers
Disability Harassment: How Far Should The Ada Follow In The Footsteps Of Title Vii?, Leah C. Myers
Brigham Young University Journal of Public Law
No abstract provided.
Case Studies On The Implementation Of The Workforce Investment Act: Focus On Leadership, Sheila Fesko, Jaimie Ciulla Timmons, Allison Cohen Hall
Case Studies On The Implementation Of The Workforce Investment Act: Focus On Leadership, Sheila Fesko, Jaimie Ciulla Timmons, Allison Cohen Hall
Case Studies Series, Institute for Community Inclusion
The workforce development system has undergone significant change in the past five years, including the development and implementation of new partnerships. Maintaining the integrity of services and conducting major organizational change has been a challenge for local, state, and federal leaders. Some states have a limited vision of how this new workforce system can operate and the ways in which their customers can benefit from the new partnerships. Other states, however, have embraced the challenge put forth in the Workforce Investment Act (WIA) and have built on previous collaborations or begun new initiatives. This publication discusses some of the challenges …
Case Studies On The Implementation Of The Workforce Investment Act: Focus On Merging Cultures, Allison Cohen Hall, Jaimie Ciulla Timmons, Sheila Fesko
Case Studies On The Implementation Of The Workforce Investment Act: Focus On Merging Cultures, Allison Cohen Hall, Jaimie Ciulla Timmons, Sheila Fesko
Case Studies Series, Institute for Community Inclusion
The implementation of the Workforce Investment Act (WIA) requires major organizational change for employment, training, and disability agencies. The initiative emphasizes coordination, collaboration and communication among organizations for better service delivery. At this time, states are developing systems that will enable them to address the needs of all customers, including those with disabilities, who are seeking employment. Traditionally, service systems have required that consumers and their families who need a variety of services be able to negotiate the culture and language of multiple agencies. With the new WIA legislation, this task is now being required of the agencies themselves. In …
Research To Practice: Medicaid Involvement In Employment-Related Programs- Findings From The National Survey Of State Systems And Employment For People With Disabilities, Jennifer Sullivan Sulewski, Dana Scott Gilmore, Susan Foley
Research To Practice: Medicaid Involvement In Employment-Related Programs- Findings From The National Survey Of State Systems And Employment For People With Disabilities, Jennifer Sullivan Sulewski, Dana Scott Gilmore, Susan Foley
Research to Practice Series, Institute for Community Inclusion
This brief analyzes data from ICI's National Survey of State Systems and Employment for People with Disabilities regarding the priority Medicaid agencies place on employment and their involvement in recent policy initiatives.
Disaggregating Antidiscrimination And Accommodation, J. H. Verkerke
Disaggregating Antidiscrimination And Accommodation, J. H. Verkerke
William & Mary Law Review
No abstract provided.
The Americans With Disabilities Act As Welfare Reform, Samuel R. Bagenstos
The Americans With Disabilities Act As Welfare Reform, Samuel R. Bagenstos
William & Mary Law Review
No abstract provided.
Disability-Based Harrassment: Standing And Standards For A "New" Cause Of Action, Holland M. Tahvonen
Disability-Based Harrassment: Standing And Standards For A "New" Cause Of Action, Holland M. Tahvonen
William & Mary Law Review
No abstract provided.
"Discredited" And "Discreditable:" The Search For Political Identity By People With Psychiatric Diagnoses, Susan Stefan
"Discredited" And "Discreditable:" The Search For Political Identity By People With Psychiatric Diagnoses, Susan Stefan
William & Mary Law Review
No abstract provided.
Foreword: Disability And Identity, Michael Ashley Stein
Foreword: Disability And Identity, Michael Ashley Stein
William & Mary Law Review
No abstract provided.
Reasonable Accommodation Of Workplace Disabilities, Stewart J. Schwab, Steven L. Willborn
Reasonable Accommodation Of Workplace Disabilities, Stewart J. Schwab, Steven L. Willborn
Cornell Law Faculty Publications
Reasonable Accommodation Of Workplace Disabilities, Stewart J. Schwab, Steven L. Willborn
Reasonable Accommodation Of Workplace Disabilities, Stewart J. Schwab, Steven L. Willborn
William & Mary Law Review
No abstract provided.
Reasonable Modification Or Fundamental Alteration? Recent Developments In Ada Caselaw And Implications For Behavioral Health Policy, Sara J. Rosenbaum, Joel B. Teitelbaum, D. Richard Mauery, Alexandra M. Stewart
Reasonable Modification Or Fundamental Alteration? Recent Developments In Ada Caselaw And Implications For Behavioral Health Policy, Sara J. Rosenbaum, Joel B. Teitelbaum, D. Richard Mauery, Alexandra M. Stewart
Center for Integrated Behavioral Health Policy
No abstract provided.
Manual De Derecho Procesal Civil, Edward Ivan Cueva
Manual De Derecho Procesal Civil, Edward Ivan Cueva
Edward Ivan Cueva
No abstract provided.
"Never Forget What They Did Here": Civil War Pensions For Gettysburg Union Army Veterans And Disability In Nineteenth-Century America, Peter Blanck, Chen Song
"Never Forget What They Did Here": Civil War Pensions For Gettysburg Union Army Veterans And Disability In Nineteenth-Century America, Peter Blanck, Chen Song
William & Mary Law Review
No abstract provided.
Policy Brief: The Applicability Of The Ada To Personal Assistance Services In The Workplace, Robert Silverstein
Policy Brief: The Applicability Of The Ada To Personal Assistance Services In The Workplace, Robert Silverstein
Policy Briefs Series, Institute for Community Inclusion
This policy brief addresses whether providing personal assistance services in the workplace is a reasonable accommodation as defined in the ADA, and if so, under which circumstances.
Research To Practice: High-Performing States In Integrated Employment, Allison Cohen Hall, John Butterworth, Dana Scott Gilmore, Deborah Metzel
Research To Practice: High-Performing States In Integrated Employment, Allison Cohen Hall, John Butterworth, Dana Scott Gilmore, Deborah Metzel
Research to Practice Series, Institute for Community Inclusion
Despite recent improvements, community employment outcomes vary widely across states. This report highlights successful practices of states that were identified as "high performers" in integrated employment for people served by state MR/DD agencies.
Labor Force Participation And Income Of Individuals With Disabilities In Sheltered And Competitive Employment: Cross-Sectional And Longitudinal Analyses Of Seven States During The 1980s And 1990s, Peter Blanck, Helen A. Schartz, Kevin M. Schartz
Labor Force Participation And Income Of Individuals With Disabilities In Sheltered And Competitive Employment: Cross-Sectional And Longitudinal Analyses Of Seven States During The 1980s And 1990s, Peter Blanck, Helen A. Schartz, Kevin M. Schartz
William & Mary Law Review
The purpose of this investigation was to examine the labor force participation and wages of individuals with disabilities who have transitioned from facility-based (i.e., sheltered) work to employment in integrated and competitive settings. The investigators had access to data from seven states on the labor force participation and wages of more than 3000 individuals with disabilities who have moved from institutional to community placements over the past two decades.
Among the findings: the majority of individuals in these geographically diverse samples were unemployed over time; sheltered employment prepared some individuals for entry into employment in integrated settings and resulted in …
Disability, Reciprocity, And "Real Efficiency": Unified Approach, Amy L. Wax
Disability, Reciprocity, And "Real Efficiency": Unified Approach, Amy L. Wax
William & Mary Law Review
No abstract provided.
Identity And Disability In The Workplace, Susanne M. Bruyere, William A. Erickson, Joshua T. Ferrentino
Identity And Disability In The Workplace, Susanne M. Bruyere, William A. Erickson, Joshua T. Ferrentino
William & Mary Law Review
No abstract provided.
Disabiling The Ada: Essences, Better Angels, And Unprincipled Neutrality Claims, Aviam Soifer
Disabiling The Ada: Essences, Better Angels, And Unprincipled Neutrality Claims, Aviam Soifer
William & Mary Law Review
No abstract provided.
Therapeutic Jurisprudence And Outpatient Commitment Law: Kendra’S Law As Case Study, Michael L. Perlin
Therapeutic Jurisprudence And Outpatient Commitment Law: Kendra’S Law As Case Study, Michael L. Perlin
Articles & Chapters
No abstract provided.