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Disability Law Commons

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2004

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Articles 31 - 38 of 38

Full-Text Articles in Disability Law

The Americans With Disabilities Act Of 1990 - Progeny Of The Civil Rights Act Of 1964, Robert Dinerstein Jan 2004

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.


Beyond Lane: Who Is Protected By The Americans With Disabilities Act, Who Should Be?, Russell Powell Jan 2004

Beyond Lane: Who Is Protected By The Americans With Disabilities Act, Who Should Be?, Russell Powell

Faculty Articles

This article reviews the state of disability law under the Americans with Disabilities Act ("ADA"), with particular attention paid to Lane and other recent Supreme Court cases. In Lane, the Court affirmed that Congress validly exercised its power when it made states subject to suits under the ADA, at least with regard to limitations on access to courts. While the decision addresses Title II of the ADA (restrictions on state discrimination), it does have broader implications for the Act as a whole. Lane reflects a significant shift in the ethical paradigm used by the court to decide ADA cases and …


The Need For Parity In Health Insurance Benefits For The Mentally And Physically Disabled: Questioning Inconsistency Between Two Leading Anti-Discrimination Laws, Sarah Ritz Jan 2004

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 …


Bates And Olmstead: Court-Initiated Strategies To Implement Community Inclusion Of Persons With Psychiatric And Other Long-Term Disabilities, Theresa A. Laurie Jan 2004

Bates And Olmstead: Court-Initiated Strategies To Implement Community Inclusion Of Persons With Psychiatric And Other Long-Term Disabilities, Theresa A. Laurie

Maine Policy Review

In this commentary, Theresa Laurie discusses the impact of the Bates and Olmstead court decisions regarding the rights of the disabled, and their applicability to people with psychiatric and other long-term disabilities. She notes that Maine will have to make policy adjustments in order to redefine program objectives based on these court decisions.


Employment Law: Reasonable Accomodation Under The Americans With Disabilities Act Vs. Employee Seniority Rights: Understanding The Real Conflict In U.S. Airways V. Barnett, Blake Sonne Jan 2004

Employment Law: Reasonable Accomodation Under The Americans With Disabilities Act Vs. Employee Seniority Rights: Understanding The Real Conflict In U.S. Airways V. Barnett, Blake Sonne

Oklahoma Law Review

No abstract provided.


Restored To Health To Be Put To Death: Reconciling The Legal And Ethical Dilemmas Of Medication To Execute In Singleton V. Norris, Kursten Hensl Jan 2004

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.


Everything's A Little Upside Down, As A Matter Of Fact The Wheels Have Stopped: The Fraudulence Of The Incompetency Evaluation Process, Michael L. Perlin Jan 2004

Everything's A Little Upside Down, As A Matter Of Fact The Wheels Have Stopped: The Fraudulence Of The Incompetency Evaluation Process, Michael L. Perlin

Articles & Chapters

Health Law in the Criminal Justice System Symposium


Insulin-Dependent Diabetes And Access To Treatment In The Workplace: The Failure Of The Americans With Disabilities Act To Provide Protection, 37 J. Marshall L. Rev. 957 (2004), Margaret C. Mcgrath Jan 2004

Insulin-Dependent Diabetes And Access To Treatment In The Workplace: The Failure Of The Americans With Disabilities Act To Provide Protection, 37 J. Marshall L. Rev. 957 (2004), Margaret C. Mcgrath

UIC Law Review

No abstract provided.