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Disability Law Commons

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2012

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Articles 1 - 30 of 86

Full-Text Articles in Disability Law

Disability-Selective Abortion And The Americans With Disabilities Act, Dov Fox, Christopher L. Griffin Jr. Dec 2012

Disability-Selective Abortion And The Americans With Disabilities Act, Dov Fox, Christopher L. Griffin Jr.

Christopher L. Griffin Jr.

This Article examines the influence of the Americans with Disabilities Act (ADA) on affective attitudes toward children with disabilities and on the incidence of disability-selective abortion. Applying regression analysis to U.S. natality data, we find that the birthrate of children with Down syndrome declined significantly in the years following the ADA’s passage. Controlling for technological, demographic, and cultural variables suggests that the ADA may have encouraged prospective parents to prevent the existence of the very class of people it was designed to protect. We explain this paradox by showing the way in which specific ADA provisions could have ...


Assessing Post-Ada Employment: Some Econometric Evidence And Policy Considerations, John J. Donohue Iii, Michael Ashley Stein, Christopher L. Griffin Jr., Sascha Becker Dec 2012

Assessing Post-Ada Employment: Some Econometric Evidence And Policy Considerations, John J. Donohue Iii, Michael Ashley Stein, Christopher L. Griffin Jr., Sascha Becker

Christopher L. Griffin Jr.

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 ...


Moving Towards Autonomy And Equality: An Analysis Of The New Mental Health Care Bill 2012, Dharmendra Chatur, Jayna Kothari Dec 2012

Moving Towards Autonomy And Equality: An Analysis Of The New Mental Health Care Bill 2012, Dharmendra Chatur, Jayna Kothari

Dharmendra Chatur

The new Mental Health Care Bill 2012 marks a complete shift from the existing Mental Health Act 1987 from viewing persons with mental disabilities as persons requiring institutionalisation, to persons with autonomy, equal recognition of their rights and full legal capacity. This shift has been in view of India’s ratification of the UN Convention on the Rights of Persons with Disabilities 2006 (“UNCRPD”). In this paper, we analyse the provisions of the Bill specifically in the context of the changes in mental health care law that it proposes, keeping in mind the rights to autonomy and equality of persons ...


Determining The Appropriate Framework For Commuting Accommodations Under The Americans With Disabilities Act, Samrah Mahmoud Dec 2012

Determining The Appropriate Framework For Commuting Accommodations Under The Americans With Disabilities Act, Samrah Mahmoud

UC Irvine Law Review

No abstract provided.


Doubly Protected And Doubly Discriminated: The Paradox Of Women With Disabilities After Conflict, Kathleen Cornelsen Dec 2012

Doubly Protected And Doubly Discriminated: The Paradox Of Women With Disabilities After Conflict, Kathleen Cornelsen

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Beyond Abortion: Human Genetics And The New Eugenics, John R. Harding Jr. Nov 2012

Beyond Abortion: Human Genetics And The New Eugenics, John R. Harding Jr.

Pepperdine Law Review

No abstract provided.


Remissvar: Psykiatrin Och Lagen – Tvångsvård, Straffansvar Och Samhällsskydd (Sou 2012:17), Titti Mattsson, Ulrika Andersson, Sverker Jönsson, Anna Nilsson Nov 2012

Remissvar: Psykiatrin Och Lagen – Tvångsvård, Straffansvar Och Samhällsskydd (Sou 2012:17), Titti Mattsson, Ulrika Andersson, Sverker Jönsson, Anna Nilsson

Anna Nilsson

Psykiatrilagsutredningens betänkande behandlar grundläggande frågor om vård, tvång, och straffrättslig ansvarsförmåga. Det handlar bl.a. om vem som kan samtycka till vård och behandling, när samhället kan tillgripa tvång för att förhindra någon från att skada sig själv eller annan. Det handlar också om vem som ska anses har förmåga att bära straffrättsligt ansvar för sina handlingar och de rättsliga följderna av (o)tillräknelighet. Samtliga är angelägna frågeställningar. En negativ konsekvens av att centrala straffrättsliga frågor behandlas i relation till personer med psykiska funktionsnedsättningar är emellertid att perspektivet blir alltför snävt i ett socialrättsligt perspektiv. Det saknas principiella överväganden om ...


Assisted Suicide: A Tough Pill To Swallow, Mary Margaret Penrose Nov 2012

Assisted Suicide: A Tough Pill To Swallow, Mary Margaret Penrose

Pepperdine Law Review

No abstract provided.


Advice To The Next President: The Future Of "Obamacare", Wendy Parmet, Michael Dukakis Oct 2012

Advice To The Next President: The Future Of "Obamacare", Wendy Parmet, Michael Dukakis

Wendy E. Parmet

No abstract provided.


Bragdon V. Abbott: The Supreme Court's Anti-Discrimination Advocacy And The Reopening Of Pandora's Box , Brett D. Watson Oct 2012

Bragdon V. Abbott: The Supreme Court's Anti-Discrimination Advocacy And The Reopening Of Pandora's Box , Brett D. Watson

Pepperdine Law Review

No abstract provided.


Bridging The Barriers: Public Health Strategies For Expanding Drug Treatment In Communities, Ellen M. Weber Oct 2012

Bridging The Barriers: Public Health Strategies For Expanding Drug Treatment In Communities, Ellen M. Weber

Ellen M. Weber

States around the country have begun to adopt programs to divert drug offenders from jails and prisons to community-based drug treatment services. For this strategy to succeed, local officials will need to expand the availability of outpatient and residential treatment programs and address the barriers to siting treatment services, the most significant of which are community opposition and government zoning policies that facilitate community resistance. Civil rights laws, including the Americans With Disabilities Act (ADA) and the Fair Housing Act (FHA), prohibit zoning discrimination against persons with histories of alcoholism and drug dependence and provide a solid legal foundation for ...


Indicators For Improving Educational, Employment, And Economic Outcomes For Youth And Young Adults With Intellectual And Developmental Disabilities: A National Report On Existing Data Sources, Jennifer Sullivan Sulewski, Agnieszka Zalewska, John Butterworth Oct 2012

Indicators For Improving Educational, Employment, And Economic Outcomes For Youth And Young Adults With Intellectual And Developmental Disabilities: A National Report On Existing Data Sources, Jennifer Sullivan Sulewski, Agnieszka Zalewska, John Butterworth

All Institute for Community Inclusion Publications

The following report summarizes available national data on educational, employment and economic outcomes for youth and young adults with intellectual disabilities (ID) over the years 2000-2010. These data can be used to benchmark progress in improving these outcomes for young adult population across the country and within individual states. Data is reported separately for two age groups of young adults (16-21 and 22-30) in order to capture possible differences between youth likely to still be receiving school services (through age 21) and those who have moved on from the education system.


Continuing Combat At Home: How Judges And Attorneys Can Improve Their Handling Of Combat Veterans With Ptsd In Criminal Courts, Jeffrey Lewis Wieand Jr. Sep 2012

Continuing Combat At Home: How Judges And Attorneys Can Improve Their Handling Of Combat Veterans With Ptsd In Criminal Courts, Jeffrey Lewis Wieand Jr.

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Forgotten Sisters- A Report On Violence Against Women With Disabilities: An Overview Of Its Nature, Scope, Causes And Consequences, Stephanie Ortoleva, Hope Lewis Jul 2012

Forgotten Sisters- A Report On Violence Against Women With Disabilities: An Overview Of Its Nature, Scope, Causes And Consequences, Stephanie Ortoleva, Hope Lewis

Hope Lewis

This report, prepared by scholars and human rights advocates who are members of the Working Group on Violence against Women with Disabilities, focuses on the prevalence and pervasiveness of violence against women and girls with disabilities. The Working Group recognizes the need to ensure that women and girls with disabilities are included as full participants in data-gathering, analysis, and proposed solutions as the mandates of Ms. Rashida Manjoo, the UN Special Rapporteur on Violence against Women, its Causes and Consequences, and Mr. Shuaib Chalklen, the Special Rapporteur on Disability, move forward. Additionally, the Working Group calls on international organizations, especially ...


Medicating The Ada - Sutton V. United Airlines, Inc.: Considering Mitigating Measures To Define Disability, Ian D. Thompson Jul 2012

Medicating The Ada - Sutton V. United Airlines, Inc.: Considering Mitigating Measures To Define Disability, Ian D. Thompson

Pepperdine Law Review

No abstract provided.


Cedar Rapids Community School District V. Garret F.: A High Price For Equal Education , Kristie Harding Jul 2012

Cedar Rapids Community School District V. Garret F.: A High Price For Equal Education , Kristie Harding

Pepperdine Law Review

No abstract provided.


A Group Home Exclusively For Married Couples With Developmental Disabilities: A Natural Next-Step, Marissa Debellis Jul 2012

A Group Home Exclusively For Married Couples With Developmental Disabilities: A Natural Next-Step, Marissa Debellis

Touro Law Review

No abstract provided.


Litigating Age And Disability Claims Against State And Local Government Employers In The New "Federalism" Era, Ivan E. Bodensteiner, Rosalie Levinson Jul 2012

Litigating Age And Disability Claims Against State And Local Government Employers In The New "Federalism" Era, Ivan E. Bodensteiner, Rosalie Levinson

Ivan E. Bodensteiner

No abstract provided.


Litigating Age And Disability Claims Against State And Local Government Employers In The New "Federalism" Era, Ivan E. Bodensteiner, Rosalie Levinson Jul 2012

Litigating Age And Disability Claims Against State And Local Government Employers In The New "Federalism" Era, Ivan E. Bodensteiner, Rosalie Levinson

Rosalie Berger Levinson

No abstract provided.


Bullying Victimization As A Disability In Public Elementary And Secondary Education, Douglas E. Abrams Jul 2012

Bullying Victimization As A Disability In Public Elementary And Secondary Education, Douglas E. Abrams

Faculty Publications

This article discusses two reasons why likening bullying victimization to an educational disability makes sense. First, face-to-face bullying and cyberbullying impose on student victims the sort of educational deprivation that the federal Individuals with Disabilities Education Act (IDEA) addresses in the disabilities arena. Second, today’s belated public sensitivity to school bullying victims resembles the belated public sensitivity to students with disabilities that led to passage of the IDEA in 1975.


Description Of Supported Employment Practices, Cross-System Partnerships, And Funding Models Of Four Types Of State Agencies And Community Rehabilitation Providers, Kelly Haines, Joseph Marrone, John Halliday, Michael Tashjian, Martha Klemm, Susan Stoddard, Susan M. Foley Jul 2012

Description Of Supported Employment Practices, Cross-System Partnerships, And Funding Models Of Four Types Of State Agencies And Community Rehabilitation Providers, Kelly Haines, Joseph Marrone, John Halliday, Michael Tashjian, Martha Klemm, Susan Stoddard, Susan M. Foley

All Institute for Community Inclusion Publications

In 2005, the National Institute on Disability and Rehabilitation Research (NIDRR) awarded the VR Rehabilitation Research and Training Center (RRTC) to the Institute for Community Inclusion (ICI) at the University of Massachusetts Boston and its partners, InfoUse in Berkeley, California and the Center for the Advancement and Study of Disability Policy. In 2010, NIDRR provided supplemental funds to the ICI so that the VR-RRTC could include a focus on the provision of supported employment (SE) services. This SE research would focus on vocational rehabilitation (VR)agency partnerships with other state entities, and sources and models for long-term funding (extended services ...


Mississippi May Become First U.S. State With No Abortion Clinic, Esmé Deprez, Elizabeth Waibel Jun 2012

Mississippi May Become First U.S. State With No Abortion Clinic, Esmé Deprez, Elizabeth Waibel

Wendy E. Parmet

No abstract provided.


Us Judge Rules Netflix Subject To Disability Act, Hiawatha Bray Jun 2012

Us Judge Rules Netflix Subject To Disability Act, Hiawatha Bray

Wendy E. Parmet

No abstract provided.


Discouraging Voluntary Disclosure: Eeoc V. C.R. England And Confidentiality Under The Ada, Jessica Jones May 2012

Discouraging Voluntary Disclosure: Eeoc V. C.R. England And Confidentiality Under The Ada, Jessica Jones

BYU Law Review

No abstract provided.


Federal Efforts To Achieve Mental Health Parity: A Step In The Right Direction, But Discrimination Remains, Lucas Quass Apr 2012

Federal Efforts To Achieve Mental Health Parity: A Step In The Right Direction, But Discrimination Remains, Lucas Quass

Legislation and Policy Brief

Prior to the 1970s, many healthcare plans in the U.S. offered benefits without discriminating between mental health and general healthcare coverage. In the 1970s and 1980s, the cost of healthcare increased dramatically and employers eliminated or limited mental health benefits in an attempt to reduce insurance costs. To manage insurance costs, employers began using more cost sharing mechanisms and benefit caps on mental health benefits. However, these limitations were not applied equally to mental health and general health benefits and a coverage disparity was created. Today, insurers often do not provide coverage for mental health on the same terms ...


The Americans With Disabilities Act: Should The Amendments To The Act Help Individuals With Mental Illness?, Abigail J. Schopick Apr 2012

The Americans With Disabilities Act: Should The Amendments To The Act Help Individuals With Mental Illness?, Abigail J. Schopick

Legislation and Policy Brief

On July 26, 1990, President George H.W. Bush signed into law the Americans with Disabilities Act of 1990 (ADA). The ADA was intended to eliminate discrimination against individuals with disabilities by expanding the Rehabilitation Act (Rehab Act) to cover people with disabilities in need of coverage from a non-federal employer or entity. Unfortunately, due to a number of Supreme Court cases narrowing the focus of the ADA, the individuals that were intended by Congress to have full protection under the law were no longer assured adequate coverage. In 2008, in response to the narrowing of the definition of disability ...


Jumping On The Bandwagon: The United States Supreme Court Prohibits The Execution Of Mentally Retarded Persons In Atkins V. Virginia, Lisa Odom Apr 2012

Jumping On The Bandwagon: The United States Supreme Court Prohibits The Execution Of Mentally Retarded Persons In Atkins V. Virginia, Lisa Odom

Pepperdine Law Review

No abstract provided.


I'M So Lonesome I Could Cry ... But Could I Sue?: Whether 'Interacting With Others' Is A Major Life Activity Under The Ada, Bryan P. Stephenson Apr 2012

I'M So Lonesome I Could Cry ... But Could I Sue?: Whether 'Interacting With Others' Is A Major Life Activity Under The Ada, Bryan P. Stephenson

Pepperdine Law Review

No abstract provided.


Toyota Motor Manufacturing V. Williams: A Case Of Carpal Tunnel Syndrome Weakens The Grip Of The Americans With Disabilities Act, Andrea Kloehn Naef Apr 2012

Toyota Motor Manufacturing V. Williams: A Case Of Carpal Tunnel Syndrome Weakens The Grip Of The Americans With Disabilities Act, Andrea Kloehn Naef

Pepperdine Law Review

No abstract provided.


Lagstiftningen Om Psykiatrisk Tvångsvård Får Inte Diskriminera, Anna Nilsson, Moa Kindström Dahlin Apr 2012

Lagstiftningen Om Psykiatrisk Tvångsvård Får Inte Diskriminera, Anna Nilsson, Moa Kindström Dahlin

Anna Nilsson

No abstract provided.