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Articles 1 - 30 of 57
Full-Text Articles in Disability Law
Blindsight: How We See Disabilities In Tort Litigation, Anne Bloom, Paul Steven Miller
Blindsight: How We See Disabilities In Tort Litigation, Anne Bloom, Paul Steven Miller
Washington Law Review
Tort litigation operates with a distorted perspective of disability. It suffers from blindsight; it does not see people with disabilities the way they see themselves. Disability advocates emphasize that most people with disabilities lead happy lives. Deeply rooted biases, however, make it difficult for this perspective to be recognized. Tort litigation’s heavy emphasis on medical testimony and its repeated portrayal of plaintiffs as “less than whole” over-emphasize the physical aspects of disability and unfairly depict people with disabilities as tragic. When legal actors embrace these views, they reinforce harmful stereotypes outside the courthouse doors. Newly disabled plaintiffs are also likely …
State Mandated Disability Insurance As Salve To The Consumer Bankruptcy Imbroglio, Alena Allen
State Mandated Disability Insurance As Salve To The Consumer Bankruptcy Imbroglio, Alena Allen
BYU Law Review
From Main Street to Wall Street, Americans are hurting. In 2009, over 1.4 million families filed for bankruptcy. Researchers examining the causes of bankruptcy discovered that as many as sixty-two percent of all bankruptcies were precipitated by a medical crisis. Because many Americans are living paycheck to paycheck and lack disability insurance, when a medical crisis strikes, bank accounts are quickly depleted by the amalgam of high medical bills and lost wages. Disability insurance provides needed wage replacement when a worker is unable to work due to an illness or injury. This Article presents the case for statemandated disability insurance …
Data Note: Ssi Recipients Who Work, Daria Domin, Frank A. Smith
Data Note: Ssi Recipients Who Work, Daria Domin, Frank A. Smith
Data Note Series, Institute for Community Inclusion
Supplemental Security Income (SSI) is a means-tested income-support program administered by the Social Security Administration. Eligibility is contingent upon proving that one has a limited ability to work due to disability. However, the program offers several work incentives aimed at encouraging SSI recipients to enter the workforce while maintaining their benefits. Despite the promotion of employment through Work Incentives Planning and Assistance (WIPA) and other programs, a very small percentage of SSI recipients actually work. This Data Note examines the number of SSI recipients working by state in 2010.
Data Note: Decline In The Provision Of Facility-Based Work Services For People With Intellectual And Developmental Disabilities, Jean E. Winsor, Alberto Migliore
Data Note: Decline In The Provision Of Facility-Based Work Services For People With Intellectual And Developmental Disabilities, Jean E. Winsor, Alberto Migliore
Data Note Series, Institute for Community Inclusion
Facility-based work services are vocational services provided in settings where the majority of people have a disability and receive continuous job-related supports and supervision. Facility-based work services are also referred to as sheltered work, work activity services, or extended employment programs.
Brief Of Amici Curiae In Support Of Plaintiff-Appellant, Equal Employment Opportunity Commission V. The Picture People, Inc., No. 11-1306, Marc Charmatz, Debra Patkin
Brief Of Amici Curiae In Support Of Plaintiff-Appellant, Equal Employment Opportunity Commission V. The Picture People, Inc., No. 11-1306, Marc Charmatz, Debra Patkin
Court Briefs
The National Association for the Deaf and the University of Maryland Francis King Carey School of Law Civil Rights of Persons with Disabilities Clinic submitted an amici curiae Brief in EEOC v. Picture People, 684 F.3d 981 (10th Cir. 2012). At issue in Picture People was whether deaf or hard of hearing individuals may be discharged from an employment position in a photography studio because the employer believes the employee may have a limited ability to communicate verbally when the employer has accommodated the employee’s hearing disability. The brief supports the retaliation argument proffered by the EEOC in their …
An Analysis Of Disability-Related Provisions In The 2008 Higher Education Opportunity Act (Heoa): What Universities And Policy Makers Should Know, Alan Kurtz
Education
The purpose of this October 2011 policy brief is to provide state agencies, postsecondary institutions, and policy makers with an overview of changes in the 2008 Higher Education Opportunity Act (HEOA) affecting the access to education of postsecondary students with disabilities and the way teacher education programs at Institutions of Higher Learning (IHEs) prepare general and special educators to teach students with disabilities. Specifically, this analysis reviews disability-related terminology new to this revision of the HEOA, access to instructional materials for students with print disabilities, changes in access to financial aid for students with intellectual disabilities, model demonstration projects both …
Creating New Law Or Restoring The Old - Retroactivity And The Americans With Disabilities Amendments Act Of 2008: A Comment On Eeoc V Autozone, Frederick J. Melkey
Creating New Law Or Restoring The Old - Retroactivity And The Americans With Disabilities Amendments Act Of 2008: A Comment On Eeoc V Autozone, Frederick J. Melkey
North Carolina Central Law Review
No abstract provided.
Diagnosing Liability : The Legal History Of Posttraumatic Stress Disorder, Deirdre M. Smith
Diagnosing Liability : The Legal History Of Posttraumatic Stress Disorder, Deirdre M. Smith
Faculty Publications
This Article examines the origins of the unique relationship between the psychiatric diagnosis Posttraumatic Stress Disorder (PTSD) and the law and considers the implications of that relationship for contemporary uses of the diagnosis in legal settings. PTSD stands apart from all other diagnoses in psychiatry 's standard classification system, the Diagnostic and Statistical Manual of Mental Disorders (DSM} , and is the focus of significant controversy within psychiatry, because its diagnostic criteria require a determination of causation. By diagnosing a person with PTSD, a clinician necessarily assigns responsibility to a specific event or agent for causing the person 's symptoms, …
Assessing Post-Ada Employment: Some Econometric Evidence And Policy Considerations, John J. Donohue Iii, Michael Ashley Stein, Christopher L. Griffin Jr., Sascha Becker
Assessing Post-Ada Employment: Some Econometric Evidence And Policy Considerations, John J. Donohue Iii, Michael Ashley Stein, Christopher L. Griffin Jr., Sascha Becker
Faculty Publications
This article explores the relationship between the Americans with Disabilities Act (ADA) and the relative labor market outcomes for people with disabilities. Using individual-level longitudinal data from 1981 to 1996 derived from the previously unexploited Panel Study of Income Dynamics (PSID), we examine the possible effect of the ADA on (1) annual weeks worked; (2) annual earnings; and (3) hourly wages for a sample of 7,120 unique male household heads between the ages of 21 and 65, as well as for a subset of 1,437 individuals appearing every year from 1981 to 1996. Our analysis of the larger sample suggests …
Augmenting Advocacy: Giving Voice To The Medical-Legal Partnership Model In Medicaid Proceedings And Beyond, Marybeth Musumeci
Augmenting Advocacy: Giving Voice To The Medical-Legal Partnership Model In Medicaid Proceedings And Beyond, Marybeth Musumeci
University of Michigan Journal of Law Reform
The denial of Medicaid coverage for augmentative communication devices, despite an existing legal framework that mandates the opposite result, raises fundamental questions about what independence means for people with disabilities. This situation, compounded by the barriers in the Medicaid administrative appeal process encountered by such beneficiaries, invites new approaches to the delivery of civil legal services, such as medical-legal partnerships (MLPs). MLPs are formalized arrangements that bring lawyers into a healthcare setting to provide specialist consultations when patients experience legal problems that affect health. While there is an emerging scholarship on MLPs, this Article offers the first in-depth analysis of …
Disability Law - Americans With Disabilities Act Of 1990 - Title Ii And Title Iii And The Expansion Of Captioning For The Deaf: From Televisions And Movie Theaters To Stadiums And Arenas, Daniel Haney
University of Arkansas at Little Rock Law Review
No abstract provided.
Enabling Refugee And Idp Law And Policy: Implications Of The U.N. Disability Convention On The Rights Of Persons With Disabilities, Michael Ashley Stein, Janet E. Lord
Enabling Refugee And Idp Law And Policy: Implications Of The U.N. Disability Convention On The Rights Of Persons With Disabilities, Michael Ashley Stein, Janet E. Lord
Faculty Publications
No abstract provided.
Data Note: State Intellectual And Developmental Disability Agencies' Funding For Employment Services, Jean E. Winsor, Frank A. Smith
Data Note: State Intellectual And Developmental Disability Agencies' Funding For Employment Services, Jean E. Winsor, Frank A. Smith
Data Note Series, Institute for Community Inclusion
Employment has been identified as a priority outcome in federal policy and state employment-first initiatives, and by individuals with IDD. Members of Self Advocates Becoming Empowered have issued a call to increase access to integrated employment and eliminate facility-based work (2009). In many states, the IDD agency and/or statewide advocacy coalitions have developed and implemented employment-first initiatives (State Employment Leadership Network, 2011). However, there is limited data available on the cost of integrated employment services compared to facility-based work services to guide the implementation of these initiatives.
Data Note: Job Seekers With Disabilities At One-Stop Career Centers: An Examination Of Registration For Wagner-Peyser Funded Employment Services, 2002 To 2009, David Hoff, Frank A. Smith
Data Note: Job Seekers With Disabilities At One-Stop Career Centers: An Examination Of Registration For Wagner-Peyser Funded Employment Services, 2002 To 2009, David Hoff, Frank A. Smith
Data Note Series, Institute for Community Inclusion
The Wagner-Peyser Act of 1933 established a nationwide system of public employment services, known as the Employment Service. Via the Workforce Investment Act of 1998, the Employment Service was made part of the One-Stop Career Center service-delivery system. Wagner-Peyser is a primary source of funding for these centers, which make employment services available to all people, including those with disabilities. There are currently 1,800+ comprehensive One-Stop Career Centers throughout the United States, as well as satellite and affiliate centers.
Research To Practice: Collaboration Between State Intellectual And Developmental Disabilities Agencies And State Vocational Rehabilitation Agencies: Results Of A National Survey, Heike Boeltzig, Jean E. Winsor, Kelly Haines
Research To Practice: Collaboration Between State Intellectual And Developmental Disabilities Agencies And State Vocational Rehabilitation Agencies: Results Of A National Survey, Heike Boeltzig, Jean E. Winsor, Kelly Haines
Research to Practice Series, Institute for Community Inclusion
Do state intellectual and developmental disabilities (IDD) agencies collaborate with their vocational rehabilitation (VR) counterparts? If so, in what ways and how formalized are these collaborative efforts? This Research to Practice Brief provides answers to those and other questions.
Whither The Disability Rights Movement?, Robert W. Pratt
Whither The Disability Rights Movement?, Robert W. Pratt
Michigan Law Review
While reading this book in 2010, almost twenty years to the date after President George H.W. Bush signed the Americans with Disability Act ("ADA"), one realizes how much the world of politics has changed. It is difficult to remember a time when such major legislation passed the U.S. Senate by a vote of 91 to 6 and the House of Representatives by 377 to 28. Even more surprising, as we look back to 1990, is the fact that the executive branch was controlled by a different political party than the legislative branch. Contrast this legislative record with the milieu surrounding …
Data Note: Examining Collaboration Between State Intellectual And Developmental Disabilities Agencies And State Vocational Rehabilitation Agencies, Kelly Haines, Heike Boeltzig, Jean E. Winsor
Data Note: Examining Collaboration Between State Intellectual And Developmental Disabilities Agencies And State Vocational Rehabilitation Agencies, Kelly Haines, Heike Boeltzig, Jean E. Winsor
Data Note Series, Institute for Community Inclusion
Since Fiscal Year 1988, the Institute for Community Inclusion has administered the National Survey of State Intellectual and Developmental Disabilities Agencies' Day and Employment Services. The FY 2009 survey included a module to assess the ways in which state intellectual and developmental disabilities (IDD) agencies collaborate with their state vocational rehabilitation (VR) agencies to support integrated employment outcomes for adults with IDD. A total of 40 agencies responded to the module. Their responses provide a broader understanding of the relationship between the two types of state agencies, and the ways in which they work together to provide integrated employment services.
Television For All: Increasing Television Accessibility For The Visually Impaired Through The Fcc's Ability To Regulate Video Description Technology, Joshua S. Robare
Television For All: Increasing Television Accessibility For The Visually Impaired Through The Fcc's Ability To Regulate Video Description Technology, Joshua S. Robare
Federal Communications Law Journal
Video descriptions allow people who have visual impairments to get the full benefits from television. Through voiceovers those who have problems seeing are told what is happening on screen allowing them to get the most out of viewing television. However, the Federal Communications Commission currently lacks the authority to require broadcasters to create video descriptions for their programs following the decision in Motion Picture Association of America, Inc. v. Federal Communications Commission. This situation contrasts with closed caption which allows viewers with hearing problems read the dialog being said on screen. The FCC retained the power to regulate closed captions …
Disability And The Persistence Of Poverty: Reconstructing Disability Allowances, Sagit Mor
Disability And The Persistence Of Poverty: Reconstructing Disability Allowances, Sagit Mor
Sagit Mor
Disability policy has always been deeply immersed in questions relating to the relationships between disability and poverty. Analysts have historically attempted to separate disability from poverty: these efforts began as early as the Poor Laws of eighteenth century England and, enhanced by the rise of the modern welfare state, they culminated in the enactment of the Americans with Disabilities Act and the 20 years that followed. In this article, I argue that it is time to reexamine the nexus between disability and poverty and attend to their co-constitutive relationships. I suggest a reconstructive reading of disability allowances as a locus …
El Derecho De Sucesiones Se Debe Atemperar A Los Cambios De La Sociedad Del Siglo Xxi, Edward Ivan Cueva
El Derecho De Sucesiones Se Debe Atemperar A Los Cambios De La Sociedad Del Siglo Xxi, Edward Ivan Cueva
Edward Ivan Cueva
No abstract provided.
Abandoned Love: The Impact Of Wyatt V. Stickney On The Intersection Between International Human Rights And Domestic Mental Disability Law, Michael L. Perlin
Abandoned Love: The Impact Of Wyatt V. Stickney On The Intersection Between International Human Rights And Domestic Mental Disability Law, Michael L. Perlin
Articles & Chapters
Wyatt v. Stickney - the first case to find (40 years ago) a constitutional right to treatment for persons institutionalized because of mental disability - is the most important institutional rights case litigated in the history of domestic mental disability law. It spawned “copycat” litigation in multiple federal district courts and state superior courts, led directly to the creation of “Patients’ Bills of Rights” in most states, and inspired the creation of the Developmental Disabilities Assistance and Bill of Rights Act, the Mental Health Systems Act Bill of Rights, and the federally-funded Protection and Advocacy System. Its direct influence on …
The Coal Miners Have Taken Care Of Us: Let's Now Take Care Of The Coal Miners, Priscilla Norwood Harris
The Coal Miners Have Taken Care Of Us: Let's Now Take Care Of The Coal Miners, Priscilla Norwood Harris
Journal Publications
For over a hundred years, coal has helped power America's economy.' In short, without coal mining no industrial revolution would have occurred. "Coal fueled the new industrial capitalism."' Moreover, from the very beginnings of industrialization in the United States, "Appalachian coal and other fossil fuels have fired the engine of American industry,"' and it was Appalachian coking coal that helped make the steel America needed.' Coal transformed the United States into "an industrial superpower from a virtual wilderness."" This massive use of coal has come at a price to the miners." The death and injury rate from mining is matched …
Canines In The Classroom: Service Animals In Primary And Secondary Educational Institutions, Rebecca J. Huss
Canines In The Classroom: Service Animals In Primary And Secondary Educational Institutions, Rebecca J. Huss
Rebecca J. Huss
This Article focuses on the issue of whether a child with a disability has the legal right to attend a primary or secondary school with a service animal. It begins by setting forth basic information regarding the children who are currently receiving special education services and discussing the increasing number of animals placed into service with individuals under the age of eighteen, focusing on the recent trend of utilizing service animals to assist children with an autism spectrum disorder. Studies relating to the common argument against allowing service animals in schools – the impact of service animals on others with …
Wrongful Termination Claims In The Supreme Court Of Canada: Coming Up Short, Dianne Pothier
Wrongful Termination Claims In The Supreme Court Of Canada: Coming Up Short, Dianne Pothier
Dianne Pothier Collection
The author concludes that the Supreme Court of Canada's narrow interpretations in Wal-Mart and Honda undermine the purposes of collective bargaining and human rights legislation, respectively Wal-Mart involves an unfair labour practice complaint following the closing of a store in Jonquibre, Quebec. The author contests the analysis of the Supreme Court of Canada, as being far removed from the context of the real difficulties in dealing with determined anti-union employers, instead facilitating statutory evasion. Honda involves a claim for wrongful dismissal, where the issue at the Supreme Court of Canada level is one of remedy, premised on the dismissal amounting …
Sub-Minimum Wage Or Sub-Human? The Potential Impact On The Civil Rights Of People With Disabilities In Employment, Laura C. Hoffman
Sub-Minimum Wage Or Sub-Human? The Potential Impact On The Civil Rights Of People With Disabilities In Employment, Laura C. Hoffman
Public Interest Law Reporter
No abstract provided.
It's More Than Ramps: Housing Accessibility For People With Disabilities, Kim Borowicz, Hillary Coustan
It's More Than Ramps: Housing Accessibility For People With Disabilities, Kim Borowicz, Hillary Coustan
Public Interest Law Reporter
No abstract provided.
Keynote Speaker, Patricia A. Shiu
Keynote Speaker, Patricia A. Shiu
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Selected Bibliography Relating To Law Students And Lawyers With Disabilities, Adeen Postar
Selected Bibliography Relating To Law Students And Lawyers With Disabilities, Adeen Postar
American University Journal of Gender, Social Policy & the Law
No abstract provided.
The Gestalt Of The School-To-Prison Pipeline: The Duality Of Overrepresentation Of Minorities In Special Education And Racial Disparity In School Discipline On Minorities, Torin D. Togut
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Selective Bibliography Relating To Law Students And Lawyers With Disabilities, Adeen Postar
Selective Bibliography Relating To Law Students And Lawyers With Disabilities, Adeen Postar
All Faculty Scholarship
No abstract provided.