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Articles 1 - 17 of 17
Full-Text Articles in Disability Law
Determining The Appropriate Framework For Commuting Accommodations Under The Americans With Disabilities Act, Samrah Mahmoud
Determining The Appropriate Framework For Commuting Accommodations Under The Americans With Disabilities Act, Samrah Mahmoud
UC Irvine Law Review
No abstract provided.
Assisted Suicide: A Tough Pill To Swallow, Mary Margaret Penrose
Assisted Suicide: A Tough Pill To Swallow, Mary Margaret Penrose
Pepperdine Law Review
No abstract provided.
Bragdon V. Abbott: The Supreme Court's Anti-Discrimination Advocacy And The Reopening Of Pandora's Box , Brett D. Watson
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.
Continuing Combat At Home: How Judges And Attorneys Can Improve Their Handling Of Combat Veterans With Ptsd In Criminal Courts, Jeffrey Lewis Wieand Jr.
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.
Medicating The Ada - Sutton V. United Airlines, Inc.: Considering Mitigating Measures To Define Disability, Ian D. Thompson
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
Cedar Rapids Community School District V. Garret F.: A High Price For Equal Education , Kristie Harding
Pepperdine Law Review
No abstract provided.
Federal Efforts To Achieve Mental Health Parity: A Step In The Right Direction, But Discrimination Remains, Lucas Quass
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 as …
The Americans With Disabilities Act: Should The Amendments To The Act Help Individuals With Mental Illness?, Abigail J. Schopick
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 and …
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
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
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.
The Section 5 Power After Tennessee V. Lane, William D. Araiza
The Section 5 Power After Tennessee V. Lane, William D. Araiza
Pepperdine Law Review
No abstract provided.
The Aclu And The Propriety Of Dispute Resolution In Civil Rights Controversies, Amber Mckinney
The Aclu And The Propriety Of Dispute Resolution In Civil Rights Controversies, Amber Mckinney
Pepperdine Dispute Resolution Law Journal
Section I examines the history, purpose, and methodology of the American Civil Liberties Union. Section II discusses the historical development and use of Alternative Dispute Resolution. Section III, Part A provides examples of its use in environmental controversies, Americans with Disabilities Act disputes, and employment conflicts. Section III, Part B explains the arguments for and against the use of Alternative Dispute Resolution in Civil Rights Controversies. Section IV, Part A looks at examples of the use of Alternative Dispute Resolution by the American Civil Liberties Union, while Part B provides insight into the interplay of Alternative Dispute Resolution and the …
New Amendments To Resolving Special Education Disputes: Any Good Ideas?, Demetra Edwards
New Amendments To Resolving Special Education Disputes: Any Good Ideas?, Demetra Edwards
Pepperdine Dispute Resolution Law Journal
This article first analyzes the state of affairs under the Individuals with Disabilities Education Act (IDEA), prior to the passage of the Individuals with Disabilities Education Improvement Act of 2004, and the affects that the 1997 reauthorization alternative dispute resolution amendments had on special education law. Next, this article will address the appropriateness of the newly enacted negotiation and settlement methods, specifically the resolution session provision, and the benefits and detriments for resolving special education issues using these processes. This article will further discuss the amendments regarding attorneys' fees, and finally the House's failed proposal for voluntary binding arbitration and …
Available Dispute Resolution Processes Within The Reauthorized Individuals With Disabilities Education Improvement Act (Ideia) Of 2004: Where Do Mediation Principles Fit In? , Andrea F. Blau
Pepperdine Dispute Resolution Law Journal
The Individual Disabilities Education Act of 1997 first offered mediation processes to parents and school systems as an available dispute resolution process. Congress mandated that mediation be made available whenever a due process hearing was filed. The intent was to assist parents and school systems in resolving their differences regarding the educational needs for children with disabilities through increased discussions and collaborative efforts; this would reduce the need for costly and adversarial litigation. Alternative dispute resolution processes have taken an increasingly dominant role within the newly reauthorized IDEIA of 2004, reflecting Congressional promotion of parent and district collaboration for achieving …
The Disability History Mystery: Assessing The Employer's Reasonable Accommodation Obligation In "Record Of Disability" Cases, Michael D. Moberly
The Disability History Mystery: Assessing The Employer's Reasonable Accommodation Obligation In "Record Of Disability" Cases, Michael D. Moberly
Pepperdine Law Review
No abstract provided.
On Equal Footing: Does Accommodating Athletes With Disabilities Destroy The Competitive Playing Field Or Level It?, Sarah J. Wild
On Equal Footing: Does Accommodating Athletes With Disabilities Destroy The Competitive Playing Field Or Level It?, Sarah J. Wild
Pepperdine Law Review
No abstract provided.
Impairment As Protected Status: A New Universality For Disability Rights, Michelle A. Travis
Impairment As Protected Status: A New Universality For Disability Rights, Michelle A. Travis
Georgia Law Review
This Article analyzes the fundamental change to federal
civil rights law that Congress accomplished through the
ADA Amendments Act of 2008 (the ADAAA). Congress
enacted the ADAAA in response to a series of United States
Supreme Court opinions that had narrowly interpreted the
definition of disability in the Americans with Disabilities
Act of 1990. Although many commentators have
recognized the ADAAA's intent to restore the class of
individuals with disabilities to the breadth that Congress
originally intended, this Article argues that the ADAAA
accomplished something more significant: it extricated
disability from the broader concept of impairment. As a
result, the …