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Disability Law Commons

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2007

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Full-Text Articles in Disability Law

Charter Schools And Special Education: Part Of The Solution Or Part Of The Problem?, Rebekah Gleason Dec 2007

Charter Schools And Special Education: Part Of The Solution Or Part Of The Problem?, Rebekah Gleason

University of the District of Columbia Law Review

The Individuals with Disabilities Education Act (IDEA)1 provides each child with a disability the opportunity to receive educational benefit in an appropriate program. The individual needs of the child drive the often resource intensive programs. On the other hand, public charter schools focus on providing more choices for education by aiming to do a better job with less money. Public Charter Schools accountability for progress and fiscal responsibility means that schools focus on doing more with less resources for the school as a whole. Public Charter schools' mission of unique innovative instruction, free from local and state regulations that ...


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


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.


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.


Olmstead V. L.C.-Deinstitutionalization And Community Integration: An Awakening Of The Nation's Conscience?, Samantha A. Dipolito Jul 2007

Olmstead V. L.C.-Deinstitutionalization And Community Integration: An Awakening Of The Nation's Conscience?, Samantha A. Dipolito

Mercer Law Review

Olmstead v. L.C. is a landmark case that originated in Georgia and has been lauded as the Brown v. Board of Education for the law of disability discrimination. In June 1999 the United States Supreme Court decided Olmstead v. L.C., holding that it is a violation of the Americans with Disabilities Act ("ADA") for states to discriminate against people with disabilities by confining them to institutions when such individuals could live more appropriately in a community-based setting. Yet, nearly eight years after the Olmstead decision and fourteen years after the passage of the ADA, progress in implementing the ...


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.


Hedonic Damages, Hedonic Adaptation, And Disability, Samuel R. Bagenstos, Margo Schlanger Apr 2007

Hedonic Damages, Hedonic Adaptation, And Disability, Samuel R. Bagenstos, Margo Schlanger

Vanderbilt Law Review

Over the past quarter century, the concept of "adaptive preferences" has played an important role in debates in law, economics, and political philosophy. As Professor Jon Elster has described this psychological phenomenon, "people tend to adjust their aspirations to their possibilities." A number of prominent scholars have argued that the existence of adaptive preferences "raises serious problems for neoclassical economics and for unambivalent enthusiasm for freedom of choice." Because our current preferences are constrained by the opportunities available to us, proponents of adaptive preference theory contend, those preferences may not be the best guide to what is in our interests ...


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.


Involuntary Commitment Of People With Mental Retardation: Ensuring All Of Georgia's Citizens Receive Adequate Procedural Due Process, Laura W. Harper Mar 2007

Involuntary Commitment Of People With Mental Retardation: Ensuring All Of Georgia's Citizens Receive Adequate Procedural Due Process, Laura W. Harper

Mercer Law Review

In the state of Georgia there are approximately three thousand citizens who are confined to segregated living institutions because of their disabilities. Many of these individuals are placed in institutions involuntarily through legal proceedings. Some of these individuals have mental retardation, a condition that occurs during a person's development and results in below normal intellectual functioning. Many disability advocates argue that segregation and institutionalization of people with mental retardation is not needed, although all do not agree. Despite strong advocacy for the rights of people with disabilities, many continue to be institutionalized, often because their families can find no ...


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.


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.


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.


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 ...


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.


The Bar Examination, Tony W. Torain, Jo Anne Simon, Melinda Saran, Barbara Hergenroeder Jan 2007

The Bar Examination, Tony W. Torain, Jo Anne Simon, Melinda Saran, Barbara Hergenroeder

Journal Articles

Transcript of Panel 3: The Bar Examination, from Assisting Law Students with Disabilities in the 21st Century: Brass Tacks, Washington, DC, March 28, 2007.


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.


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 ...


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.


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 ...


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.


Data Note: Ssi Recipients With Disabilities Who Work And Participation In 1619b, Brooke Dennee-Sommers, Frank A. Smith Jan 2007

Data Note: Ssi Recipients With Disabilities Who Work And Participation In 1619b, Brooke Dennee-Sommers, Frank A. Smith

Data Note Series, Institute for Community Inclusion

Supplemental Security Income (SSI) is a federally funded program that provides cash assistance for basic needs. Individuals with a low-income who are over the age of 65, blind, or have a disability are eligible for assistance. SSI beneficiaries typically also receive health insurance coverage through Medicaid. Losing Medicaid benefits can be of concern for SSI recipients with disabilities who desire to work, or are currently working. Section 1619b of the Social Security Act allows individuals to work and continue to receive Medicaid assistance when their earnings are too high to qualify for SSI cash payments as long as they meet ...


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 ...


Hedonic Damages, Hedonic Adaptation, And Disability, Samuel R. Bagenstos, Margo Schlanger Jan 2007

Hedonic Damages, Hedonic Adaptation, And Disability, Samuel R. Bagenstos, Margo Schlanger

Articles

A number of states recognize hedonic damages as a separate category of recovery in tort and tort-like actions. Others consider lost enjoyment of life as an aspect of what are sometimes termed "disability" damages-damages for physical or mental impairment. Many other states permit juries to take account of lost enjoyment of life in setting compensation for pain and suffering or other forms of general damages. In all these jurisdictions, disability has loomed large. And the (explicit or implicit) view of disability is often one of tragic dependency and helplessness. As we show in Part I below, lawyers seeking hedonic damages ...


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.


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.