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Disability Law Commons

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2006

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Articles 31 - 45 of 45

Full-Text Articles in Disability Law

A Veil Of Genetic Ignorance - Protecting Genetic Privacy To Ensure Equality, Radhika Rao Jan 2006

A Veil Of Genetic Ignorance - Protecting Genetic Privacy To Ensure Equality, Radhika Rao

Villanova Law Review

No abstract provided.


Law Students With Attention Deficit Disorder: How To Reach Them, How To Teach Them, 39 J. Marshall L. Rev. 349 (2006), Robin A. Boyle Jan 2006

Law Students With Attention Deficit Disorder: How To Reach Them, How To Teach Them, 39 J. Marshall L. Rev. 349 (2006), Robin A. Boyle

UIC Law Review

No abstract provided.


Justice Disparities: Does The Ada Enforcement System Treat People With Psychiatric Disabilities Fairly?, Jeffrey Swanson, Scott Burris, Kathryn Moss, Michael Ullman Jan 2006

Justice Disparities: Does The Ada Enforcement System Treat People With Psychiatric Disabilities Fairly?, Jeffrey Swanson, Scott Burris, Kathryn Moss, Michael Ullman

Maryland Law Review

No abstract provided.


Is The Ada Short-Sighted? An Analysis Of Sightline Regulations In Movie Theaters, Michael D. Driver Jan 2006

Is The Ada Short-Sighted? An Analysis Of Sightline Regulations In Movie Theaters, Michael D. Driver

Vanderbilt Journal of Entertainment & Technology Law

In Part I, the history of disability law in the United States will be discussed, following the decision of Brown v. Board of Education until the passage of the ADA. The purpose and contents of the ADA will, in pertinent part, then be discussed, as will the language of the Act that caused the circuits to split and the language of the Act as it now stands. The contents of the circuit court cases from the First, Fifth, Sixth, and Ninth Circuits will be analyzed, separating the circuits into majority (First, Sixth, and Ninth Circuits) and minority (Fifth Circuit) positions. …


Book Review Of Bodies Of Difference: Experiences Of Disability And Institutional Advocacy In The Making Of Modern China, Michael Ashley Stein, Penelope J. S. Stein Jan 2006

Book Review Of Bodies Of Difference: Experiences Of Disability And Institutional Advocacy In The Making Of Modern China, Michael Ashley Stein, Penelope J. S. Stein

Faculty Publications

No abstract provided.


The Sympathetic Discriminator: Mental Illness, Hedonic Costs, And The Ada, Elizabeth F. Emens Jan 2006

The Sympathetic Discriminator: Mental Illness, Hedonic Costs, And The Ada, Elizabeth F. Emens

Faculty Scholarship

Social discrimination against people with mental illness is widespread. Treating people differently on the basis of mental illness does not provoke the same moral outrage as that inspired by differential treatment on the basis of race, sex, or even physical disability. Indeed, many people would freely admit preferring someone who does not have a mental illness as a neighbor, dinner party guest, parent, partner, or person in the next seat on the subway. Moreover, more than ten years after the Americans with Disabilities Act (the "ADA" or "Act") expressly prohibited private employers from discriminating on the basis of mental, as …


Emotional Competence, "Rational Understanding," And The Criminal Defendant, Terry A. Maroney Jan 2006

Emotional Competence, "Rational Understanding," And The Criminal Defendant, Terry A. Maroney

Vanderbilt Law School Faculty Publications

Adjudicative competence, more commonly referred to as competence to stand trial, is a highly under-theorized area of law. Though it is well established that, to be competent, a criminal defendant must have a "rational" as well as 'factual" understanding of her situation, the meaning of such "rational understanding" has gone largely undefined. Given the large number of criminal prosecutions in which competence is at issue, the doctrine's instability stands in stark contrast to its importance. This Article argues that adjudicative competence, properly understood, asks whether a criminal defendant has capacity to participate meaningfully in the host of decisions potentially required …


Commentary: Mental Health Legislation, Michael L. Perlin Jan 2006

Commentary: Mental Health Legislation, Michael L. Perlin

Other Publications

No abstract provided.


The Elusive Protected Class - Who Is Worthy Under The Americans With Disabilities Act, Elizabeth Fordyce Jan 2006

The Elusive Protected Class - Who Is Worthy Under The Americans With Disabilities Act, Elizabeth Fordyce

Villanova Law Review

No abstract provided.


The Americans With Disabilities Act And How It Affects Post-Secondary Education, Annette Louise Beck Jan 2006

The Americans With Disabilities Act And How It Affects Post-Secondary Education, Annette Louise Beck

Graduate Research Papers

The Americans with Disabilities Act and how it affects post-secondary education is what this literature review addresses. The Americans with Disabilities Act of 1990 (ADA) prohibits discrimination against someone with a disability in places of employment and public places. In 1973, the United States Congress passed Section 504 and The Individuals with Disabilities Education Act (IDEA) was passed in 1990. Both helped solidify regulations regarding discrimination by any entity that receives federal funding including educational institutions. The law requires employers or schools to make a change or adjustment in a work or educational setting, program, or job that makes it …


Application Of The Insanity Defense To Postpartum Disorder-Driven Infanticide In The United States: A Look Toward The Enactment Of An Infanticide Act, April J. Walker Jan 2006

Application Of The Insanity Defense To Postpartum Disorder-Driven Infanticide In The United States: A Look Toward The Enactment Of An Infanticide Act, April J. Walker

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Mental Health Courts And Title Ii Of The Ada: Accessibility To State Court Systems For Individuals With Mental Disabilities And The Need For Diversion, S. Elizabeth Malloy Jan 2006

Mental Health Courts And Title Ii Of The Ada: Accessibility To State Court Systems For Individuals With Mental Disabilities And The Need For Diversion, S. Elizabeth Malloy

Faculty Articles and Other Publications

Access to the judicial system, a fundamental right that has paramount importance in our society, can often present obstacles to people with disabilities in a variety of significant ways. Yet Title II mandates that state and local judicial facilities be accessible to individuals with disabilities. Recent shifts in paradigmatic approaches to special populations such as drug offenders and offenders with mental disabilities have lead to the creation of mental health courts specifically designed to address the needs of the persons with mental disabilities in order to avoid incarceration. Early outcomes in states like Ohio suggest mental health courts may better …


Narrative, Disability, And Identity, David Engel, Frank W. Munger Jan 2006

Narrative, Disability, And Identity, David Engel, Frank W. Munger

Articles & Chapters

No abstract provided.


Research To Practice: The National Survey Of Community Rehabilitation Providers, Fy2002-2003 Report 3: Involvement Of Crps In The Ticket To Work And The Workforce Investment Act, Heike Boeltzig, John Butterworth, Dana Scott Gilmore Jan 2006

Research To Practice: The National Survey Of Community Rehabilitation Providers, Fy2002-2003 Report 3: Involvement Of Crps In The Ticket To Work And The Workforce Investment Act, Heike Boeltzig, John Butterworth, Dana Scott Gilmore

Research to Practice Series, Institute for Community Inclusion

This Research to Practice brief examines CRP participation in the Ticket to Work and the Workforce Investment Act (WIA). Findings showed that CRPs were more involved in WIA than the Ticket program.


Ethical Health Care, Wendy Parmet, Patricia Illingworth Dec 2005

Ethical Health Care, Wendy Parmet, Patricia Illingworth

Wendy E. Parmet

No abstract provided.