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Disability Law Commons

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2005

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Articles 1 - 30 of 43

Full-Text Articles in Disability Law

Taking The Stand: The Lessons Of The Three Men Who Took The Japanese American Internment To Court, Lorraine K. Bannai Nov 2005

Taking The Stand: The Lessons Of The Three Men Who Took The Japanese American Internment To Court, Lorraine K. Bannai

Seattle Journal for Social Justice

No abstract provided.


Liability Under The Americans With Disabilities Act For Private Web Site Operators, Evgenia Fkiaras Oct 2005

Liability Under The Americans With Disabilities Act For Private Web Site Operators, Evgenia Fkiaras

Washington Journal of Law, Technology & Arts

The Americans with Disabilities Act of 1990 (“ADA”) is silent on the specific question of whether privately owned websites fall within its provisions. There is a circuit split on the issue, although the only case directly on point makes mandatory website compliance the exception rather than the rule. Nevertheless, given the direction that the law will probably head and the relative ease of making websites accessible to the group most in need—those who require the use of assistive technologies—it behooves businesses to construct or alter their websites to accommodate these individuals.


Massworks: Commonhealth, Rick Kugler Sep 2005

Massworks: Commonhealth, Rick Kugler

MassWorks Series, Institute for Community Inclusion

Did you know workers with disabilities can purchase health insurance and receive almost all of the benefits offered through MassHealth Standard? Thanks to CommonHealth, individuals with disabilities in Massachusetts need not choose between vital healthcare benefits and potential job opportunities. CommonHealth is a MassHealth program available to individuals with disabilities who are not eligible for MassHealth Standard. CommonHealth can help promote self-sufficiency by providing low-cost health coverage to workers with disabilities.


Disabilities To Exceptional Abilities: Law Students With Disabilities, Nontraditional Learners, And The Law Teacher As A Learner, Jennifer Jolly-Ryan Sep 2005

Disabilities To Exceptional Abilities: Law Students With Disabilities, Nontraditional Learners, And The Law Teacher As A Learner, Jennifer Jolly-Ryan

Nevada Law Journal

No abstract provided.


In The Land Between Two Maps: Perceived Disabilities, Reasonable Accommodations, And Judicial Battles Over The Ada, Nicholas R. Frazier Sep 2005

In The Land Between Two Maps: Perceived Disabilities, Reasonable Accommodations, And Judicial Battles Over The Ada, Nicholas R. Frazier

Washington and Lee Law Review

No abstract provided.


Research To Practice: Employment Services And Outcomes Of People Receiving Welfare Benefits And Vocational Rehabilitation Services, Susan Foley, Jonathan Woodring Aug 2005

Research To Practice: Employment Services And Outcomes Of People Receiving Welfare Benefits And Vocational Rehabilitation Services, Susan Foley, Jonathan Woodring

Research to Practice Series, Institute for Community Inclusion

Poverty programs have undergone substantial reform in the past decade, and there has been a heightened interest in exploring the experiences of people with disabilities who receive welfare benefits. This report profiles people with disabilities who had TANF, GA, or both at application to VR services and completed these services in the year 2003.


Achieving "Readiness" In Medi-Cal's Managed Care Expansion For Persons With Disabilities: Issues And Process, Sara J. Rosenbaum, Sara E. Wilensky, Peter Shin Aug 2005

Achieving "Readiness" In Medi-Cal's Managed Care Expansion For Persons With Disabilities: Issues And Process, Sara J. Rosenbaum, Sara E. Wilensky, Peter Shin

Health Policy and Management Faculty Publications

This Policy Brief examines issues that can be expected to arise as California moves to significantly expand the use of mandatory managed care arrangements for Medi-Cal enrollees with disabilities. This analysis is based on information gleaned from more than a decade of Medicaid managed care specification analyses for the federal government and private funders, focusing on both the general beneficiary population and persons with chronic illnesses and disabilities. This Policy Brief also reflects experiences in furnishing technical assistance to state purchasers and in developing model managed care purchasing specifications for both general and special needs managed care populations for both ...


Research To Practice: Innovations In Employment Supports: Colorado's State Division Of Developmental Services, Jean E. Winsor, John Butterworth, Allison Cohen Hall Jul 2005

Research To Practice: Innovations In Employment Supports: Colorado's State Division Of Developmental Services, Jean E. Winsor, John Butterworth, Allison Cohen Hall

Research to Practice Series, Institute for Community Inclusion

Between the years of 1985 and 1996 Colorado experienced significant growth in integrated employment for people with mental retardation and developmental disabilities. Several factors were consistently highlighted as contributing to Colorado's employment outcomes during this period.


For Whom The School Bell Tolls But Not The Statute Of Limitations: Minors And The Individuals With Disabilities Education Act, Lynn M. Daggett, Perry A. Zirkel, Leeann L. Gurysh Jul 2005

For Whom The School Bell Tolls But Not The Statute Of Limitations: Minors And The Individuals With Disabilities Education Act, Lynn M. Daggett, Perry A. Zirkel, Leeann L. Gurysh

University of Michigan Journal of Law Reform

This Article explores whether claims under the federal special education statute should be tolled on account of minority. Adult disabled students typically assert this type of tolling claim when alleging statutory violations dating back ten or more years, when they were minors. However this tolling claim is decided, there may be undesired results. First, even if the student has a very strong case, the merits are never reached if the court dismisses the hearing request as untimely. Second, if the hearing request is timely and the case proceeds to the merits, the student must remain in her current educational placement ...


Poverty, Disability And Social Exclusion: New Strategies For Achieving Inclusive Development, Connie Laurin-Bowie Jun 2005

Poverty, Disability And Social Exclusion: New Strategies For Achieving Inclusive Development, Connie Laurin-Bowie

GLADNET Collection

[Excerpt] Despite international investments in development initiatives targeted to people who have a disability – investments by domestic governments in support to people who have a disability and commitments by governments to international and domestic human rights commitments – little if any progress has been made in improving the economic, political or social status of people who have a disability in developing countries. To understand why people with disabilities continue to be among the most disadvantaged people in the world we must consider how people with disabilities are perceived by policy makers and how development policy addresses disability. If real progress is ...


Research To Practice: Diabetes And Vocational Rehabilitation Employment Services And Outcomes, Jonathan Woodring, Susan Foley Jun 2005

Research To Practice: Diabetes And Vocational Rehabilitation Employment Services And Outcomes, Jonathan Woodring, Susan Foley

Research to Practice Series, Institute for Community Inclusion

Approximately 18 million people in the U.S. have diabetes. This brief uses Rehabilitation Services Administration data to provide a picture of people with diabetes using the Vocational Rehabilitation system.


Disability, Poverty And The Millennium Development Goals: Relevance, Challenges And Opportunities For Dfid, Philippa Thomas Jun 2005

Disability, Poverty And The Millennium Development Goals: Relevance, Challenges And Opportunities For Dfid, Philippa Thomas

GLADNET Collection

[Excerpt] This report has been prepared as the final output of the Policy Project of the DFID Disability Knowledge and Research (KaR) Programme. The purpose of the Policy Project is to assist DFID to develop policies and processes to support the mainstreaming of disability and to ensure that the Disability KaR’s knowledge and research outputs are responsive to DFID’s needs and effectively communicated to DFID. The Policy Project has seen the placement of the Disability Policy Officer in DFID to provide DFID with technical support on disability issues. This report aims to build on the previous report, ‘DFID ...


Research To Practice: Job Networking In Diverse Communities, Rooshey Hasnain, Jennifer Bose, Joy Gould, John Butterworth Apr 2005

Research To Practice: Job Networking In Diverse Communities, Rooshey Hasnain, Jennifer Bose, Joy Gould, John Butterworth

Research to Practice Series, Institute for Community Inclusion

While individuals with disabilities face many obstacles when seeking employment, there are usually additional challenges for those from diverse cultures. To address this issue, ICI formed partnerships with community immigrant organizations to teach networking techniques to job seekers.


The Game Of Pleasant Diversion: Can We Level The Playing Field For The Disabled Athlete And Maintain The National Pastime, In The Aftermath Of Pga Tour, Inc. V. Martin: An Empirical Study Of The Disabled Athlete, Donald H. Stone Apr 2005

The Game Of Pleasant Diversion: Can We Level The Playing Field For The Disabled Athlete And Maintain The National Pastime, In The Aftermath Of Pga Tour, Inc. V. Martin: An Empirical Study Of The Disabled Athlete, Donald H. Stone

All Faculty Scholarship

Kenny Walker, a deaf football player; Jim Abbott, a one-handed professional baseball player; Tom Dempsey, a physically disabled professional football kicker; Brad Doty, a paralyzed auto racer; and Nick Ackerman, a wrestler with amputated legs, have all competed at the highest level of sports. Persons with mental illness, individuals who are blind, and students with hearing impairments are seeking an opportunity to compete in fair competition with their non-disabled competitors. Can this occur in a fair, open, and just manner between competing athletes?

Does the Americans with Disabilities Act of 1990 ("ADA"), the landmark civil rights act protecting an individual ...


Data Note: Ssa Work Incentives Enrollment, 1990-2004, Katherine Fichthorn, Dana Scott Gilmore Mar 2005

Data Note: Ssa Work Incentives Enrollment, 1990-2004, Katherine Fichthorn, Dana Scott Gilmore

Data Note Series, Institute for Community Inclusion

To encourage employment for individuals with disabilities, the Social Security Administration (SSA) offers special provisions that limit the impact of work on Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits. These provisions are called work incentives and include the Plan to Achieve Self-Support (PASS), Impairment-Related Work Expenses (IRWE), and Blind Work Expenses (BWE).


Killing The Willing: "Volunteers," Suicide And Competency, John H. Blume Mar 2005

Killing The Willing: "Volunteers," Suicide And Competency, John H. Blume

Michigan Law Review

When my client Robert South decided to waive his appeals so that his death sentence could be carried out, I understood why he might make that choice. Robert had a brain tumor that could not be surgically removed. Though not fatal, the tumor disrupted his sleep/wake cycle and had other negative physical consequences, including severe headaches, for his daily existence. He also had chronic post-traumatic stress disorder ("PTSD"), resulting from a profound history of childhood physical, emotional and sexual abuse. Robert suffered from daily recurrent flashbacks of the abuse. He had been on death row for almost a decade ...


Case Studies Of Local Boards And One-Stop Centers: Strategies For Maximizing Staff Competence When Supporting Job Seekers With Disabilities In One-Stop Career Centers, Allison Cohen Hall, Sheila Fesko Feb 2005

Case Studies Of Local Boards And One-Stop Centers: Strategies For Maximizing Staff Competence When Supporting Job Seekers With Disabilities In One-Stop Career Centers, Allison Cohen Hall, Sheila Fesko

Case Studies Series, Institute for Community Inclusion

Since states began implementing the Workforce Investment Act (WIA) of 1998, One-Stop Career Centers have had to address the challenges of serving all customers seeking services, including job seekers with disabilities. To meet this challenge, many local One-Stops have demonstrated commitment to and progress towards creating innovative practices that positively affect access for job seekers with disabilities in the workforce system. The following brief is offered as a tool for local workforce systems to help achieve meaningful employment outcomes for job seekers with disabilities. This brief is part of a series of products offering practical solutions for Local Workforce Investment ...


Case Studies Of Local Boards And One-Stop Centers: Underutilization Of One-Stops By People With Significant Disabilities, Doris Hamner, Jaimie Ciulla Timmons Feb 2005

Case Studies Of Local Boards And One-Stop Centers: Underutilization Of One-Stops By People With Significant Disabilities, Doris Hamner, Jaimie Ciulla Timmons

Case Studies Series, Institute for Community Inclusion

The Workforce Investment Act (WIA) identifies individuals with disabilities as among the constituencies to be served by One-Stop Career Centers. Due to a variety of factors, including lack of an overall One-Stop data collection system, no clear way to identify disability in the system, and non-disclosure of disability by many customers, it is difficult to ascertain the exact level of One-Stop usage by people with disabilities. However, existing data sources and anecdotal evidence indicate that people with disabilities underutilize One-Stops. The number of people with disabilities that use One-Stops seems to be lower than what would be expected based on ...


Case Studies Of Local Boards And One-Stop Centers: Creative Involvement Of Community-Based Disability Organizations At One-Stop Career Centers, Jaimie Ciulla Timmons, Heike Boeltzig Feb 2005

Case Studies Of Local Boards And One-Stop Centers: Creative Involvement Of Community-Based Disability Organizations At One-Stop Career Centers, Jaimie Ciulla Timmons, Heike Boeltzig

Case Studies Series, Institute for Community Inclusion

The Workforce Investment Act (WIA) facilitates partnerships among organizations for more coordinated service delivery to all job seekers. Although the state Vocational Rehabilitation (VR) agency is the only disability agency or program that is a mandated partner under WIA, community-based disability organizations (CBOs) can also work with One-Stop Career Centers to enhance their capacity to support customers with disabilities. Through case study research, the Institute for Community Inclusion identified several models of involvement between CBOs and One-Stops. These models illustrate that organizations can be creative in developing their partner roles to meet the needs of both their staff and their ...


Case Studies Of Local Boards And One-Stop Centers: Levels Of Involvement Of State Vr Agencies With Other One-Stop Partners, Sheila Fesko, Doris Hamner Feb 2005

Case Studies Of Local Boards And One-Stop Centers: Levels Of Involvement Of State Vr Agencies With Other One-Stop Partners, Sheila Fesko, Doris Hamner

Case Studies Series, Institute for Community Inclusion

The Workforce Investment Act (WIA) emphasizes coordination and collaboration for better service delivery between state departments of Vocational Rehabilitation (VR) and other One-Stop partners. Although WIA's requirements for VR participation are clear, the parameters of this partnership are flexible and depend on a variety of factors within each state and local system. Defining the role of VR has had its challenges, as is the case for many partners in the WIA system. However, there are numerous examples of VR agencies working creatively to establish effective partnerships that positively influence services for job seekers with disabilities in the One-Stop system ...


Case Studies Of Local Boards And One-Stop Centers: Tackling Fiscal Issues, Heike Boeltzig, Allison Cohen Hall Feb 2005

Case Studies Of Local Boards And One-Stop Centers: Tackling Fiscal Issues, Heike Boeltzig, Allison Cohen Hall

Case Studies Series, Institute for Community Inclusion

The Workforce Investment Act of 1998 (WIA) established a network of One-Stop Career Centers by integrating different employment and training services into one comprehensive workforce investment system. Within this environment, One-Stop partners are mandated to collaborate to create a seamless service delivery system that enhances access to services and improves employment outcomes for all individuals, including those with disabilities. WIA's intent was to establish local workforce development systems that would respond to their areas' specific needs with unique solutions and creative partnerships. In addition to service delivery, WIA encourages One-Stop partners to share in the operating costs of the ...


Data Note: What Do Vocational Rehabilitation (Vr) Services Cost?, Institute For Community Inclusion, University Of Massachusetts Boston Feb 2005

Data Note: What Do Vocational Rehabilitation (Vr) Services Cost?, Institute For Community Inclusion, University Of Massachusetts Boston

Data Note Series, Institute for Community Inclusion

The VR system has the flexibility to purchase a wide array of services to support an employment outcome, including vocational evaluation, vocational training and postsecondary education, transportation, supported employment, interpreters, and adaptive equipment. VR services include core counseling and guidance provided by a VR counselor as well as services that are purchased based on an individual employment plan.


Obesity Is An Epidemic, But Is It A Disability?, Suzanne Blaz Jan 2005

Obesity Is An Epidemic, But Is It A Disability?, Suzanne Blaz

Public Interest Law Reporter

No abstract provided.


Re-Examining The Balance Between The State And Federal Government Under Title Ii Of Ada, Amee Patel Jan 2005

Re-Examining The Balance Between The State And Federal Government Under Title Ii Of Ada, Amee Patel

Public Interest Law Reporter

No abstract provided.


The New Idea: Shifting Educational Paradigms To Achieve Racial Equality In Special Education, Robert A. Garda Jr. Jan 2005

The New Idea: Shifting Educational Paradigms To Achieve Racial Equality In Special Education, Robert A. Garda Jr.

Robert A. Garda

African American students are being re-segregated in today's public schools by their disproportionate placement in special education classes for the disabled pursuant to the Individuals With Disabilities in Education Act (IDEA). At the same time, the overall number of children found disabled and entitled to special education under the Act has skyrocketed over the past decade, leaving special education classes with swollen roles and inadequate resources. Congress attempts to remedy this divisive dual eligibility crisis when it re-authorized the IDEA in 2004 by promoting an educational paradigm of individualized instruction in general education. The new IDEA seeks to "fix ...


Brief Of Amici Curiae Not Dead Yet, Adapt, Center On Disability Studies, Law And Policy At Syracuse University, Center For Self-Determination, Hospice Patients Alliance, Mouth Magazine/Freedom Clearinghouse, National Council On Independent Living, National Spinal Cord Injury Association, Self-Advocates Becoming Empowered, Society For Disability Studies, Tash And The World Institute On Disability In Support Of Petitioners, Gonzalez V. Oregon, 126 S.Ct. 904 (Supreme Court Of The United States Of America 2006) (No. 04-623), Walter J. Kendall Iii Jan 2005

Brief Of Amici Curiae Not Dead Yet, Adapt, Center On Disability Studies, Law And Policy At Syracuse University, Center For Self-Determination, Hospice Patients Alliance, Mouth Magazine/Freedom Clearinghouse, National Council On Independent Living, National Spinal Cord Injury Association, Self-Advocates Becoming Empowered, Society For Disability Studies, Tash And The World Institute On Disability In Support Of Petitioners, Gonzalez V. Oregon, 126 S.Ct. 904 (Supreme Court Of The United States Of America 2006) (No. 04-623), Walter J. Kendall Iii

Court Documents and Proposed Legislation

No abstract provided.


$6.7 Million Settlement In Special Education Case, Katie D. Fletcher Jan 2005

$6.7 Million Settlement In Special Education Case, Katie D. Fletcher

Public Interest Law Reporter

No abstract provided.


Comparative Chart Of California’S Leave And Wage Replacement Laws, Workplace Flexibility 2010, Georgetown University Law Center Jan 2005

Comparative Chart Of California’S Leave And Wage Replacement Laws, Workplace Flexibility 2010, Georgetown University Law Center

Charts and Summaries of State, U.S., and Foreign Laws and Regulations

No abstract provided.


The Definition Of Disability In The Americans With Disabilities Act: Its Successes And Shortcomings: Proceedings Of The 2005 Annual Meeting, Association Of American Law Schools Sections On Employment Discrimination Law; Labor Relations And Employment Law; And Law, Medicine And Health Care, Sharona Hoffman, Paul Steven Miller, Chai R. Feldblum, Michael Ashley Stein Jan 2005

The Definition Of Disability In The Americans With Disabilities Act: Its Successes And Shortcomings: Proceedings Of The 2005 Annual Meeting, Association Of American Law Schools Sections On Employment Discrimination Law; Labor Relations And Employment Law; And Law, Medicine And Health Care, Sharona Hoffman, Paul Steven Miller, Chai R. Feldblum, Michael Ashley Stein

Faculty Publications

No abstract provided.


Beyond Breimhorst: Appropriate Accommodation Of Students With Learning Disabilities On The Sat, Nancy Leong Jan 2005

Beyond Breimhorst: Appropriate Accommodation Of Students With Learning Disabilities On The Sat, Nancy Leong

Faculty Publications

No abstract provided.