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Articles 1 - 4 of 4
Full-Text Articles in Disability Law
Systemic Compliance Complaints: Making Idea's Enforcement Provisions A Reality, Monica Costello
Systemic Compliance Complaints: Making Idea's Enforcement Provisions A Reality, Monica Costello
University of Michigan Journal of Law Reform
Since the passage of what is now known as the Individuals with Disabilities Education Act ("IDEA") in 1975, this country has recognized the importance of providing appropriate educational services to students with disabilities. When a school district fails to provide these services, an organization can file a compliance complaint with the state's designated education agency to investigate the violation. This Note uses California as a case study and argues that state education agencies should be required to investigate systemic violations, even when the names of affected students are not provided. To effectively protect the rights of students with disabilities and …
Just Semantics: The Lost Readings Of The Americans With Disabilities Act, Jill Anderson
Just Semantics: The Lost Readings Of The Americans With Disabilities Act, Jill Anderson
Faculty Articles and Papers
Disability rights advocates and commentators agree that the Americans with Disabilities Act (ADA) has veered far off course from the Act's mandate of protecting people with actual or perceived disabilities from discrimination. They likewise agree that the fault lies in the language of the statute itself and in the courts' so-called literalist reading of its definition of disability. As a result, many disability rights advocates have pinned their hopes for doctrinal reform on the proposed ADA Restoration Act, now in congressional committee. Although the Act would likely be a boon to plaintiffs, its chances of passage are uncertain. This Article …
Abbott, Aids, And The Ada: Why A Per Se Disability Rule For Hiv/Aids Is Both Just And A Must, Scott Thompson
Abbott, Aids, And The Ada: Why A Per Se Disability Rule For Hiv/Aids Is Both Just And A Must, Scott Thompson
Publications
HIV/AIDS should be classified as a per se disability under the Americans with Disablities Act. Such a ruling is justified by the plain language of the act itself, legislative history, administrative regulations, and court precedent. Absent such a ruling, individuals with HIV must demonstrate that they have (1) an mental or physical impairment, (2) that substantially limits (3) a major life activity. While most courts to address the applicability of the ADA to individuals with HIV/AIDS have found that such individuals are disabled because HIV impairs the major life activity of reproduction, such an interpretation leaves open the possibility that …
The Ada Amendments Act Of 2008, Chai R. Feldblum, Kevin Barry, Emily A. Benfer
The Ada Amendments Act Of 2008, Chai R. Feldblum, Kevin Barry, Emily A. Benfer
Georgetown Law Faculty Publications and Other Works
The goal of the Americans with Disabilities Act (ADA) was to create a civil rights law protecting people with disabilities from discrimination on the basis of their disabilities. Disability rights advocates in 1990 were victorious in their efforts to open doors for people with disabilities and to change the country's outlook and acceptance of people with disabilities. These advocates believed that the terms of the ADA, based as they were on Section 504 of the Rehabilitation Act, combined with the legislative history of the ADA, would provide clear instructions to the courts that the ADA was intended to provide broad …