Disability Law Commons^™

Gimme Shelter: Does The Fair Housing Amendments Act Of 1988 Require Accommodations For The Financial Cirumstances Of The Disabled?, Brian R. Rosenau

William & Mary Law Review

No abstract provided.

Mitigation And The Americans With Disabilities Act, Jill Elaine Hasday

Michigan Law Review

It is an open question whether the prohibition on employment discrimination in the Americans with Disabilities Act (ADA) protects plaintiffs who have not attempted to mitigate the effect of their disability on their ability to work. Suppose, for example, that a job applicant has severely impaired vision because of a corneal disease. He can have corneal transplant surgery that his doctors recommend and expect will allow him to see much more clearly, but he does not want to have the surgery because of the complications sometimes associated with the operation and the possibility that the surgery will not work. He …

Bridging The Barriers: Public Health Strategies For Expanding Drug Treatment In Communities, Ellen M. Weber

Faculty Scholarship

States around the country have begun to adopt programs to divert drug offenders from jails and prisons to community-based drug treatment services. For this strategy to succeed, local officials will need to expand the availability of outpatient and residential treatment programs and address the barriers to siting treatment services, the most significant of which are community opposition and government zoning policies that facilitate community resistance. Civil rights laws, including the Americans With Disabilities Act (ADA) and the Fair Housing Act (FHA), prohibit zoning discrimination against persons with histories of alcoholism and drug dependence and provide a solid legal foundation for …

Reasonable Accommodation Under The Ada: Are Employers Required To Participate In The Interactive Process? The Courts Say "Yes" But The Law Says "No", John R. Autry

Chicago-Kent Law Review

The Americans with Disabilities Act ("ADA") generally requires employers to "reasonably accommodate" a "qualified" employee's disability. Unfortunately, the ADA is silent as to the appropriate method for fashioning reasonable accommodations. The Equal Employment Opportunity Commission ("EEOC") issued regulations endorsing an "interactive process" by which an employer and its "qualified" disabled employee work together to devise the proper accommodation. However, the Supreme Court has yet to determine whether courts must defer to these regulations, leaving the circuit courts of appeals to issue differing opinions on whether the EEOC's interactive process is best characterized as a requirement or merely a suggestion.

Thus, …

Testing Applicants With Disabilities, Gregory M. Duhl, Stuart Duhl

Faculty Scholarship

All jurisdictions provide reasonableaccommodations for applicants with disabilities who are otherwise qualified to sit for the bar examination. The provision of accommodations is primarily a result of the comprehensive federal law known as the Americans with Disabilities Act (“the ADA”), passed by Congress in 1990 to prohibit discrimination against persons with disabilities. The ADA protects both applicants with physical disabilities and those with mental disabilities, and accommodations include not only additional testing time, longer and more frequent breaks between testing sessions, and private testing rooms, but also other auxiliary aids and services designed to enable effective communication to and from …

Introduction: Understanding The Context For The “Coelho Challenge”, Seth D. Harris

NYLS Law Review

No abstract provided.

Our Right To Work, Our Demand To Be Heard: People With Disabilities, The 2004 Election, And Beyond, The Honorable Tony Coelho

NYLS Law Review

No abstract provided.

Different But Equal: The Human Rights Of Persons With Intellectual Disabilities, Harold Hongju Koh

Maryland Law Review

No abstract provided.

Under The Empirical Radar: An Initial Expressive Law Analysis Of The Ada, Michael Ashley Stein

Faculty Publications

No abstract provided.

The Americans With Disabilities Act Of 1990 - Progeny Of The Civil Rights Act Of 1964, Robert Dinerstein

Articles in Law Reviews & Other Academic Journals

No abstract provided.

The Need For Parity In Health Insurance Benefits For The Mentally And Physically Disabled: Questioning Inconsistency Between Two Leading Anti-Discrimination Laws, Sarah Ritz

Journal of Law and Health

Discriminatory practices by the insurance industry, such as benefit limits (caps) on mental health services coverage, or complete lack of mental health care coverage fuel the disparate treatment of those with mental disabilities. These discriminatory practices have been the subject of much debate, and cases challenging those principles have not fared well in the court system. These insurance practices, which single out persons with mental illness and provide them with little or no benefits for mental health care, violate the terms of the Americans with Disabilities Act ("ADA"), and are inconsistent with other laws that seek to remedy discrimination against …

Restored To Health To Be Put To Death: Reconciling The Legal And Ethical Dilemmas Of Medication To Execute In Singleton V. Norris, Kursten Hensl

Villanova Law Review

No abstract provided.