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Disability Law Commons

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2007

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Full-Text Articles in Disability Law

Who Says You're Disabled? The Role Of Medical Evidence In The Ada Definition Of Disability, Deirdre M. Smith Nov 2007

Who Says You're Disabled? The Role Of Medical Evidence In The Ada Definition Of Disability, Deirdre M. Smith

Faculty Publications

The Americans with Disabilities Act (ADA), enacted by Congress seventeen years ago, offered disabled people a hope of equality and access that has not been fulfilled. 1 Court decisions halt an overwhelming majority of claims, particularly in the employment context, at the summary judgment stage. 2 A key mechanism for fencing out disabled people's claims is the pernicious requirement, based upon the very construction of disability that the ADA's proponents aimed to dispel, that medical evidence is required as a threshold matter to demonstrate that the plaintiff is entitled to seek protection under the statute. 3 The medical ...


The Mythic 43 Million Americans With Disabilities, Ruth Colker Oct 2007

The Mythic 43 Million Americans With Disabilities, Ruth Colker

William & Mary Law Review

Although Congress stated in its first statutory finding that it intended the Americans with DisabilitiesA ct (ADA) to protect at least 43 million Americans from disability discrimination, the Supreme Court has interpreted this statute so that it covers no more than 13.5 million Americans. More importantly, this Article demonstrates through the use of Census Bureau data that the ADA's employment discrimination provisions have been eviscerated to the point that the ADA protects virtually no Americans who are both disabled and able to work. This Article places that problem in the larger context of the Court undermining Congress's ...


Data Note: National Day And Employment Service Trends In Mr/Dd Agencies, Jean E. Winsor, John Butterworth Sep 2007

Data Note: National Day And Employment Service Trends In Mr/Dd Agencies, Jean E. Winsor, John Butterworth

Data Note Series, Institute for Community Inclusion

In FY2004, 22% of individuals receiving day supports from state mental retardation or developmental disability (MR/DD) agencies participated in integrated employment while 56.5% of individuals were supported in facility-based settings. While the data demonstrate a continued decrease in the percent of people served in facility-based settings (from 60% in 1999 to 57% in 2004), it also suggests a slight decrease in the percent served in integrated employment (from 25.5% in 1999 to 22% in 2004).


La Cesión De Derechos En El Código Civil Peruano, Edward Ivan Cueva Jul 2007

La Cesión De Derechos En El Código Civil Peruano, Edward Ivan Cueva

Edward Ivan Cueva

La Cesión de Derechos en el Código Civil Peruano


Tools For Inclusion: Minimum Wage Increase: What It Means For People With Disabilities (Updated 2009), David Hoff Jul 2007

Tools For Inclusion: Minimum Wage Increase: What It Means For People With Disabilities (Updated 2009), David Hoff

Tools for Inclusion Series, Institute for Community Inclusion

This publication provides guidance to individuals with disabilities regarding the increase in minimum wage, with a particular focus on understanding who this increase applies to, the impact of the wage increase on public benefits, and how to deal with issues that may arise with employers.


Institute Brief: Increasing Placement Through Professional Networking, Allison Fleming, Diane Loud Jul 2007

Institute Brief: Increasing Placement Through Professional Networking, Allison Fleming, Diane Loud

The Institute Brief Series, Institute for Community Inclusion

The national percentage of people of working age with disabilities who are employed continues to hover around 37%, compared with 80% for their peers without disabilities. However, according to the Harris Poll (2004), 67% of people with disabilities who are not currently working would like to be. In the late 1990s, a Presidential Task Force began work on improving the employment rate for adults with disabilities, a national priority that was further supported by the New Freedom Initiative of 2001, creating a bipartisan effort. Despite these initiatives, the rate of employment for people with disabilities has not increased.


Institute Brief: Minimum Wage Increase: A Guide For Disability Service Providers (Updated 2009), David Hoff Jun 2007

Institute Brief: Minimum Wage Increase: A Guide For Disability Service Providers (Updated 2009), David Hoff

The Institute Brief Series, Institute for Community Inclusion

This publication provides guidance to service providers regarding the increase in minimum wage, with a particular focus on assisting consumers with questions and concerns they may have regarding the impact on their public benefits.


Algunos Apuntes En Torno A La Prescripción Extintiva Y La Caducidad, Edward Ivan Cueva May 2007

Algunos Apuntes En Torno A La Prescripción Extintiva Y La Caducidad, Edward Ivan Cueva

Edward Ivan Cueva

No abstract provided.


Yes, There Is A Duty To Accommodate Someone "Regarded As" Disabled Under The Ada, Marsha R. Peterson Mar 2007

Yes, There Is A Duty To Accommodate Someone "Regarded As" Disabled Under The Ada, Marsha R. Peterson

Nevada Law Journal

No abstract provided.


Obesity Discrimination And The Americans With Disabilities Act, Jennifer Staman Feb 2007

Obesity Discrimination And The Americans With Disabilities Act, Jennifer Staman

Congressional Research Service (CRS) Reports and Issue Briefs

[Excerpt] The Americans with Disabilities Act (ADA) provides broad nondiscrimination protection for individuals with disabilities. However, to be covered under the statute, an individual must first meet the definition of an individual with a disability. Questions have been raised as to whether and to what extent obesity is a disability under the ADA and whether the ADA protects obese individuals from discrimination. This report provides background regarding how obesity is covered under the ADA and its supporting regulations. It also discusses some of the ways in which courts have applied the ADA to obesity discrimination claims.


Equal Access To Post-Secondary Education: The Sisyphean Impact Of Flagging Test Scores Of Persons With Disabilities, Helia Garrido Hull Jan 2007

Equal Access To Post-Secondary Education: The Sisyphean Impact Of Flagging Test Scores Of Persons With Disabilities, Helia Garrido Hull

Faculty Scholarship

In view of the social stigma associated with disabilities, and the inherent costs of providing accommodations to disabled students, the opportunity for bias within the admissions selection process is clear. As a result, the practice of flagging standardized tests has come under increasing scrutiny. The practice of distinguishing test takers having a disability from those who do not runs counter to the social policy of inclusion, and prevents disabled individuals from enjoying the benefits of equal citizenship. Part II of this paper provides a brief overview of the prejudice disabled individuals have endured throughout history, and discusses some early movements ...


Angling For A Fair Standard: A Recommendation For A Narrowly Tailored Non-Profit Exemption To The Closed Captioning Requirements, 25 J. Marshall J. Computer & Info. L. 165 (2007), Joshua Pila Jan 2007

Angling For A Fair Standard: A Recommendation For A Narrowly Tailored Non-Profit Exemption To The Closed Captioning Requirements, 25 J. Marshall J. Computer & Info. L. 165 (2007), Joshua Pila

The John Marshall Journal of Information Technology & Privacy Law

In late 2006, the FCC’s Consumer and Government Affairs Bureau (“CGB”) issued the Anglers Order, providing a wholesale exemption for non-profit entities seeking to avoid the strictures of the Commission’s closed captioning rules. Disability advocates quickly criticized the Anglers Order on administrative law and communications law grounds. This paper avoids administrative law and communications law issues, but instead criticizes the Anglers Order on non-profit law and policy grounds. The paper then recommends and supports a post-application, narrowly-tailored financial test, automatically exempting A) non-profit organizations, with B) less than $25,000 in annual revenue, who C) receive no financial ...


No Chance To Prove Themselves: The Rights Of Mentally Disabled Parents Under The Americans With Disabilities Act And State Law, Dale Margolin Cecka Jan 2007

No Chance To Prove Themselves: The Rights Of Mentally Disabled Parents Under The Americans With Disabilities Act And State Law, Dale Margolin Cecka

Law Faculty Publications

This article explores the relationship between state child welfare laws that terminate parental rights and the federal Americans with Disabilities Act (ADA). The article begins by analyzing the application of the ADA to termination of parental rights proceedings against parents with mental disabilities. It then surveys state child welfare laws, focusing on the treatment of parents under New York State law. The article concludes by advocating for a change to reflect the principles of the ADA in state laws and in practice.


Justice, Rights And Inclusion For People With Intellectual Disability, Inclusion Europe Jan 2007

Justice, Rights And Inclusion For People With Intellectual Disability, Inclusion Europe

GLADNET Collection

[Excerpt] Adequate laws in the area of legal incapacitation and guardianship are of fundamental importance, especially for adults with intellectual disability. For them it means recognizing their individual rights to self determination. It also signifies a move away from treating the person who lacks capacity within an old-fashioned model of care, based solely on a medical diagnosis. When present laws on capacity and/or the way they are implemented are examined against the backdrop of the human rights based model of "inclusion within the society" we begin to see their inadequacies.


Accueillir Et Intégrer Un Salarié Handicapé Psychique Dans L'Entreprise - Pistes De Réflexions Et Propositions D'Actions, Claire Le Roy Hatala Jan 2007

Accueillir Et Intégrer Un Salarié Handicapé Psychique Dans L'Entreprise - Pistes De Réflexions Et Propositions D'Actions, Claire Le Roy Hatala

GLADNET Collection

No abstract provided.


Before Its Time: Public Perception Of Disability Rights, The Americans With Disabilities Act, And The Future Of Access And Accommodation, Mary Johnson Jan 2007

Before Its Time: Public Perception Of Disability Rights, The Americans With Disabilities Act, And The Future Of Access And Accommodation, Mary Johnson

Washington University Journal of Law & Policy

The ADA is not only a law in which economic considerations were allowed to determine civil rights, it was also a major rights law passed with virtually no public scrutiny. After its passage, anti-disability rights groups quickly moved to weaken its protections by publicly ridiculing its provisions. Unlike other civil rights laws, the ADA defined those who were to be granted its protections, and opponents focused on this, taking aim at those they felt did not deserve its protections. The concepts underlying disability rights were not widely understood by the public, and as ADA cases came before judges it was ...


Community Rehabilitation Programs And Organizational Change: A Mentor Guide To Increase Customized Employment Outcomes, John Butterworth, Cecelia Gandolfo, W. Grant Revell, Katherine J. Inge Jan 2007

Community Rehabilitation Programs And Organizational Change: A Mentor Guide To Increase Customized Employment Outcomes, John Butterworth, Cecelia Gandolfo, W. Grant Revell, Katherine J. Inge

All Institute for Community Inclusion Publications

In 2002, the U.S. Department of Labor, Office of Disability Employment Policy (ODEP) announced the availability of funds to support a National Training Technical Assistance for Providers (T-TAP) project. The goal of the project was to assist community rehabilitation providers (CRPs) in facilitating integrated employment / customized employment outcomes for individuals served by these programs. Virginia Commonwealth University (VCU) in partnership with the Institute for Community Inclusion (ICI) at the University of Massachusetts Boston submitted a proposal and was awarded the cooperative agreement in October of 2002.

For the purpose of this Guide, customized employment is defined as a process ...


Disability Human Rights, Michael Ashley Stein Jan 2007

Disability Human Rights, Michael Ashley Stein

Faculty Publications

Responding to the absence of an international treaty expressly protecting people with disabilities, the United Nations General Assembly will soon adopt a disability-based human rights convention. This Article examines the theoretical implications of adding disability to the existing canon of human rights, both for individuals with disabilities and for other under-protected people. It develops a "disability human rights paradigm" by combining components of the social model of disability, the human right to development, and Martha Nussbaum's version of the capabilities approach, but filters them through a disability rights perspective to preserve that which provides for individual flourishing and modifying ...


Disability And The Social Contract, Anita Silvers, Michael Ashley Stein Jan 2007

Disability And The Social Contract, Anita Silvers, Michael Ashley Stein

Faculty Publications

No abstract provided.


A New Start On The Road Not Taken: Driving With Lane To Head Off Disability-Based Denials Of Rights, Anita Silvers, Leslie Pickering Francis Jan 2007

A New Start On The Road Not Taken: Driving With Lane To Head Off Disability-Based Denials Of Rights, Anita Silvers, Leslie Pickering Francis

Washington University Journal of Law & Policy

In this Essay, our ultimate goal is to demonstrate how advocates for the civil rights of people with disabilities can use Lane to construct a successful rights-based strategy. In doing so, we will show that Lane embarks upon a palpable and promising (but yet to be explicitly announced) rights-based standard to which important kinds of differential treatment of people with disabilities should be held. This strategy maps the way for legal thinking about disability discrimination to return from the wrong road down which Cleburne drove the national effort to achieve integration for people with disabilities. Our approach deflects disability discrimination ...


The Un Disability Convention: Historic Process, Strong Prospects, And Why The U.S. Should Ratify, Tara J. Melish Jan 2007

The Un Disability Convention: Historic Process, Strong Prospects, And Why The U.S. Should Ratify, Tara J. Melish

Human Rights Brief

No abstract provided.


An Analysis Of The Development And Adoption Of The United Nations Convention Recognizing The Rights Of Individuals With Disabilities: Why The United States Refuses To Sign This Un Convention, Tracy R. Justesen, Troy R. Justesen Jan 2007

An Analysis Of The Development And Adoption Of The United Nations Convention Recognizing The Rights Of Individuals With Disabilities: Why The United States Refuses To Sign This Un Convention, Tracy R. Justesen, Troy R. Justesen

Human Rights Brief

No abstract provided.


The Legal Genealogy Of The Duty To Accommodate American And Canadian Workers With Disabilities: A Comparative Perspective, Ravi Malhotra Jan 2007

The Legal Genealogy Of The Duty To Accommodate American And Canadian Workers With Disabilities: A Comparative Perspective, Ravi Malhotra

Washington University Journal of Law & Policy

In this Essay, I seek to analyze the origins of the duty to accommodate people with disabilities in Canadian law in order to present a counter-factual argument on why the duty to accommodate has not flourished in American law. Comparative legal approaches have the merit of shedding fresh light on old legal problems that might not otherwise be considered. In Part I, I trace the history of the concept of reasonable accommodation in leading Supreme Court of Canada decisions, and demonstrate how accommodation of workers with religious beliefs remained central to the development of the jurisprudence and helped make decision-makers ...


Tackling Disability Discrimination In The United Kingdom: The British Disability Discrimination Act, Charlotte Pearson, Nick Watson Jan 2007

Tackling Disability Discrimination In The United Kingdom: The British Disability Discrimination Act, Charlotte Pearson, Nick Watson

Washington University Journal of Law & Policy

The social position of disabled people in the United Kingdom, as elsewhere in the developed world, has changed dramatically in the past twenty years. Disabled people are no longer forced into confinement in long-term institutions, increasingly more disabled children are being educated in mainstream schools, and employment rates for disabled people are rising. Despite these improvements there is still considerable evidence to suggest that disabled people in the United Kingdom are subjected to discrimination. This Essay provides an overview of the development of disability discrimination legislation in the United Kingdom over the past two decades. While highlighting early attempts to ...


El Derecho Al Trabajo Decente De Las Personas Con Discapacidades, Arthur O'Reilly, International Labour Office Jan 2007

El Derecho Al Trabajo Decente De Las Personas Con Discapacidades, Arthur O'Reilly, International Labour Office

GLADNET Collection

La presente publicación constituye una valiosa reseña de los principales instrumentos jurídicos, políticas e iniciativas internacionales pertinentes en el ámbito de los derechos de las personas con discapacidades, con especial hincapié en el empleo y el trabajo. Se centra en las principales opciones de que disponen las personas con discapacidades que desean trabajar en un mercado laboral abierto y competitivo, en un empleo protegido, en un puesto subvencionado o en empresas sociales, y examina las tendencias en cada una de estas categorías subrayando los aspectos fundamentales en cada caso.

En este volumen se abordan también los principales enfoques adoptados a ...


A Quick Overview Of The United Nations Convention On The Rights Of Persons With Disabilities, Michael Ashley Stein Jan 2007

A Quick Overview Of The United Nations Convention On The Rights Of Persons With Disabilities, Michael Ashley Stein

Faculty Publications

No abstract provided.


Beyond Disability Civil Rights, Michael Ashley Stein, Penelope J.S. Stein Jan 2007

Beyond Disability Civil Rights, Michael Ashley Stein, Penelope J.S. Stein

Faculty Publications

No abstract provided.


An Internet-Based Mental Disability Law Program: Implications For Social Change In Nations With Developing Economies, Michael L. Perlin Jan 2007

An Internet-Based Mental Disability Law Program: Implications For Social Change In Nations With Developing Economies, Michael L. Perlin

Articles & Chapters

No abstract provided.


You Take My Space, I Take Your Air: An Empirical Study Of Disabled Parking And Motor Vehicle Laws For Persons With Disabilities, Donald H. Stone Jan 2007

You Take My Space, I Take Your Air: An Empirical Study Of Disabled Parking And Motor Vehicle Laws For Persons With Disabilities, Donald H. Stone

All Faculty Scholarship

Reserved parking and specialized treatment are necessary to permit individuals with disabilities access to goods, services, and employment opportunities on an equal basis with the general public. Why are disabled drivers entitled to disabled parking spots? What is the procedure for an individual with a disability to receive special disability registration license plates? What is the role of the Medical Advisory Board in reviewing the ability of disabled drivers to get behind the wheel? What, if any, obligation or responsibility does a physician treating a disabled driver have to notify the Department of Motor Vehicles of the patient's condition ...


Reasonably Accommodating The Able Employee Who Is Disabled By Misperception: The Ada's "Regarded As" Prong Gone Awry?, Selma Shelton Jan 2007

Reasonably Accommodating The Able Employee Who Is Disabled By Misperception: The Ada's "Regarded As" Prong Gone Awry?, Selma Shelton

Florida A & M University Law Review

No abstract provided.