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Disability Law Commons

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2014

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Articles 1 - 30 of 116

Full-Text Articles in Disability Law

Discrimination Cases Of The 2002 Term, Eileen Kaufman Dec 2014

Discrimination Cases Of The 2002 Term, Eileen Kaufman

Touro Law Review

No abstract provided.


The Uk Testicle Law To Violate Human Rights And Block Iran And The U.S. Ties., Mohamad Ali Ali Yousefkhani Mr Dec 2014

The Uk Testicle Law To Violate Human Rights And Block Iran And The U.S. Ties., Mohamad Ali Ali Yousefkhani Mr

Mohamad Ali Ali Yousefkhani

These days human right it converted a kind of means for the powerful government to abuse the poor people and looted the poor countries resources . the main important country that always change the innocent people fate is The UK. The above country not only convicted lots of country to break human right but also follow its impolite behaves to occupied poor countries . The above country recently doing its all best to dark Iran and The U.S. Ties dye to its disgusting intention .


Partnerships In Employment: What Matters Most: Research On Elevating Parent Expectations, Tash Town Hall, December 2014, Erik W. Carter, Thinkwork! At The Institute For Community Inclusion At Umass Boston Dec 2014

Partnerships In Employment: What Matters Most: Research On Elevating Parent Expectations, Tash Town Hall, December 2014, Erik W. Carter, Thinkwork! At The Institute For Community Inclusion At Umass Boston

All Institute for Community Inclusion Publications

The brief goes into detail about the most powerful force in changing transition outcomes for young people with significant disabilities. This brief explains this force is not ultimately found in the transition plans we craft, the educational services we offer, the instruction we provide, or the systems we build, but rather in the expectations and aspirations individual parents hold for their sons and daughters.


Mandated Reassignment For The Minimally Qualified, Edward Hood Dawson Iii Dec 2014

Mandated Reassignment For The Minimally Qualified, Edward Hood Dawson Iii

West Virginia Law Review

No abstract provided.


Paid Family Leave, Rachel-Lyn Longo, Shanna Pearson-Merkowitz Dec 2014

Paid Family Leave, Rachel-Lyn Longo, Shanna Pearson-Merkowitz

Senior Honors Projects

Paid Family Leave policies are rare in the United States. Around the world, one hundred and eighty-two countries provide some form of paid maternity leave, and seventy countries also offer paid paternity leave. It is estimated that only 36 percent of U.S. employees have access to paid leave if they get sick, a policy that is almost universal in other developed countries, and only 12 percent of employees have access to paid family leave. Presently, just three states have implemented Paid Family Leave (PFL) to help offset the cost of time taken off of work to care for a ...


Civil Rights Have A Place In Conversation, Wendy Hensel Nov 2014

Civil Rights Have A Place In Conversation, Wendy Hensel

Wendy F. Hensel

No abstract provided.


Light, Smoke, And Fire: How State Law Can Provide Medical Marijuana Users Protection From Workplace Discrimination, Elizabeth Rodd Nov 2014

Light, Smoke, And Fire: How State Law Can Provide Medical Marijuana Users Protection From Workplace Discrimination, Elizabeth Rodd

Boston College Law Review

Currently, twenty-three states and the District of Columbia have enacted legislation providing an affirmative defense to prosecution under state law for medical marijuana use by qualified patients. Despite growing public and legislative support for the legalization of medical marijuana, marijuana use—both recreational and medicinal—remains illegal under the federal Controlled Substances Act. Given the inconsistency between state and federal law concerning the legality of medicinal marijuana, there is significant uncertainty regarding the rights of employees to enjoy their new medical marijuana privileges. To date, courts have refused to grant protections to employees who have suffered adverse employment action for ...


The Accommodation Of Last Resort: The Americans With Disabilities Act And Reassignments, Michael Creta Nov 2014

The Accommodation Of Last Resort: The Americans With Disabilities Act And Reassignments, Michael Creta

Boston College Law Review

In 1990, Congress enacted the Americans with Disabilities Act (“ADA”) to eliminate widespread discrimination against disabled persons. The Act requires private employers to provide reasonable accommodations to disabled employees to allow them to continue performing essential job functions. One accommodation in particular has divided the U.S. Circuit Courts of Appeals: reassigning disabled employees to vacant positions. Due to a current circuit split, it is unclear if employers must reassign disabled employees despite maintaining policies of choosing the best-qualified employees for reassignment. This Note argues that both the text of the ADA and the ADA’s legislative history support automatic ...


Removing Arbitrary Handicaps: Protecting The Right To Education In Horváth And Kiss V. Hungary, Kerime Sule Akoglu Nov 2014

Removing Arbitrary Handicaps: Protecting The Right To Education In Horváth And Kiss V. Hungary, Kerime Sule Akoglu

Boston College International and Comparative Law Review

On January 29, 2013, in Horváth and Kiss v. Hungary, the European Court of Human Rights held that educational testing in Hungary violated the European Convention on Human Rights. The court found that the tests used in Hungary had a disproportionate effect on the Roma population and that the state has a positive obligation to remedy such practices. This Comment argues that the imposition of positive obligations on states to provide safeguards for disadvantaged groups, like the Roma, is an effective method to correct a troubled history of racial segregation in public schools. This Comment also argues that without such ...


Bright "Idea" Or Missing The Mark? The Third Circuit Restricts Reimbursement For Residential Placement Under The Individuals With Disabilities Education Act, Nicole Pedi Nov 2014

Bright "Idea" Or Missing The Mark? The Third Circuit Restricts Reimbursement For Residential Placement Under The Individuals With Disabilities Education Act, Nicole Pedi

Villanova Law Review

No abstract provided.


Social Support Substitution And The Earnings Rebound: Evidence From A Regression Discontinuity In Disability Insurance Reform, Lex Borghans, Anne C. Gielen, Erzo F. P. Luttmer Nov 2014

Social Support Substitution And The Earnings Rebound: Evidence From A Regression Discontinuity In Disability Insurance Reform, Lex Borghans, Anne C. Gielen, Erzo F. P. Luttmer

Open Dartmouth: Faculty Open Access Articles

We exploit a cohort discontinuity in the stringency of Dutch disability reforms to estimate the effects of decreased DI (disability insurance) generosity on behavior of existing recipients. We find evidence of social support substitution: individuals on average offset €1.00 of lost DI benefits by collecting €0.30 more from other social assistance programs, but this benefit-substitution effect declines over time. Individuals also exhibit a rebound in earnings: earnings increase by €0.62 on average per euro of lost DI benefits and this effect remains roughly constant over time. This is strong evidence of substantial remaining earnings capacity among long-term ...


Playing God: The Legality Of Plans Denying Scarce Resources To People With Disabilities In Public Health Emergencies, Wendy F. Hensel, Leslie E. Wolf Oct 2014

Playing God: The Legality Of Plans Denying Scarce Resources To People With Disabilities In Public Health Emergencies, Wendy F. Hensel, Leslie E. Wolf

Leslie E. Wolf

Public health emergencies can arise in a number of different ways. They can follow a natural disaster, such as Hurricane Katrina, the 2004 tsunami, and the recent earthquakes in Haiti and Chile. They may be man-made, such as the September 11 attacks and the anthrax scare. They may also be infectious. While no pandemic flu has yet reached the severity of the 1918 flu, there have been several scares, including avian flu and most recently H1N1. Few questions are more ethically or legally loaded than determining who will receive scarce medical resources in the event of a widespread public health ...


Punitive Injunctions, Nirej S. Sekhon Oct 2014

Punitive Injunctions, Nirej S. Sekhon

Nirej Sekhon

No abstract provided.


New Rights For The Disabled: The Americans With Disabilities Act Of 1990, Steven Kaminshine Oct 2014

New Rights For The Disabled: The Americans With Disabilities Act Of 1990, Steven Kaminshine

Steven J. Kaminshine

No abstract provided.


Introduction, Symposium On Developmental Disabilities And The Law, L. Lynn Hogue Oct 2014

Introduction, Symposium On Developmental Disabilities And The Law, L. Lynn Hogue

L. Lynn Hogue

No abstract provided.


Recent Developments In Voucher Programs For Students With Disabilities, Wendy Hensel Oct 2014

Recent Developments In Voucher Programs For Students With Disabilities, Wendy Hensel

Wendy F. Hensel

No abstract provided.


Bridging The Physical-Mental Gap: An Empirical Look At The Impact Of Mental Illness Stigma On Ada Outcomes, Wendy Hensel, Gregory Jones Oct 2014

Bridging The Physical-Mental Gap: An Empirical Look At The Impact Of Mental Illness Stigma On Ada Outcomes, Wendy Hensel, Gregory Jones

Wendy F. Hensel

A plaintiff who seeks redress for disability discrimination under the Americans with Disabilities Act must first show that he or she is "disabled" within the meaning of the statute. There is no question that all plaintiffs have experienced difficulty in making this showing as a result of several Supreme Court decisions narrowing the definition of "disability."Many scholars have argued that courts do not appreciate the social construction of disability and focus too much attention on medical diagnoses and functional limitations rather than the impact of societal attitudes and prejudices. Some scholars have gone further, however, to theorize that individuals ...


Vouchers For Students With Disabilities: The Future Of Special Education?, Wendy F. Hensel Oct 2014

Vouchers For Students With Disabilities: The Future Of Special Education?, Wendy F. Hensel

Wendy F. Hensel

Many voices over the last decade have called for reform in special education in American public schools. As the number of those receiving services under the Individuals with Disabilities Education Act (“IDEA”) has grown, scholars and pundits have increasingly argued that the system not only is failing to meet the needs of many children with disabilities, but in some cases is actively causing harm to those it is intended to serve. Over the last several years, an increasing number of state legislatures have proposed or have passed laws that give children with disabilities public money to attend a private school ...


Sharing The Short Bus: Eligibility And Identity Under The Idea, Wendy Hensel Oct 2014

Sharing The Short Bus: Eligibility And Identity Under The Idea, Wendy Hensel

Wendy F. Hensel

This article explores the impact of the rising number of children in special education on eligibility under the Individuals with Disabilities Education Act. At the heart of the eligibility debate is the question of which children are disabled enough to qualify for protection and services under the statute. Although many scholars have evaluated the parameters of disability under the ADA, few have done so in the context of the IDEA. This article explores this issue and concludes that calls to restrict the protected class to the truly disabled, as defined to include only those children with the most severe impairments ...


Valuing Lives: Allocating Scarce Medical Resources During A Public Health Emergency And The Americans With Disabilities Act, Leslie Wolf, Wendy Hensel Oct 2014

Valuing Lives: Allocating Scarce Medical Resources During A Public Health Emergency And The Americans With Disabilities Act, Leslie Wolf, Wendy Hensel

Wendy F. Hensel

Public health emergencies from natural disasters, infection, and man-made threats can present ethically or legally challenging questions about who will receive scarce resources. Federal and state governments have offered little guidance on how to prioritize distribution of limited resources. Several allocation proposals have appeared in the medical literature, but components of the proposed approaches violate federal antidiscrimination laws and ethical principles about fair treatment. Further planning efforts are needed to develop practical allocation guidelines that comport with antidiscrimination laws and the moral commitment to equal access reflected in those laws.


Upgrades To Ada Product Of Bipartisan Cooperation, Wendy Hensel Oct 2014

Upgrades To Ada Product Of Bipartisan Cooperation, Wendy Hensel

Wendy F. Hensel

No abstract provided.


Playing God: The Legality Of Plans Denying Scarce Resources To People With Disabilities In Public Health Emergencies, Wendy F. Hensel, Leslie E. Wolf Oct 2014

Playing God: The Legality Of Plans Denying Scarce Resources To People With Disabilities In Public Health Emergencies, Wendy F. Hensel, Leslie E. Wolf

Wendy F. Hensel

Public health emergencies can arise in a number of different ways. They can follow a natural disaster, such as Hurricane Katrina, the 2004 tsunami, and the recent earthquakes in Haiti and Chile. They may be man-made, such as the September 11 attacks and the anthrax scare. They may also be infectious. While no pandemic flu has yet reached the severity of the 1918 flu, there have been several scares, including avian flu and most recently H1N1. Few questions are more ethically or legally loaded than determining who will receive scarce medical resources in the event of a widespread public health ...


Interacting With Others: A Major Life Activity Under The Americans With Disabilities Act?, Wendy Hensel Oct 2014

Interacting With Others: A Major Life Activity Under The Americans With Disabilities Act?, Wendy Hensel

Wendy F. Hensel

No abstract provided.


The Disability Dilemma: A Skeptical Bench & Bar, Wendy Hensel Oct 2014

The Disability Dilemma: A Skeptical Bench & Bar, Wendy Hensel

Wendy F. Hensel

The legal profession is no stranger to the bias and prejudice present in American society. Members of the bar have been shown to engage in both conscious and subconscious discrimination, posing challenges to the profession as the profile of those practicing law has changed over the last several decades. Although women and minorities have made significant inroads into the profession, attorneys with disabilities remain the "forgotten diversity group." Many members of the bar continue to believe that these attorneys are primarily limited by their medical problems rather than any bias in the profession. They do not embrace disability as a ...


A Call To Action For The Legal Academy, Wendy F. Hensel Oct 2014

A Call To Action For The Legal Academy, Wendy F. Hensel

Wendy F. Hensel

No abstract provided.


The Case For Inclusive Eligibility Under The Individuals With Disabilities In Education Act, Wendy Hensel Oct 2014

The Case For Inclusive Eligibility Under The Individuals With Disabilities In Education Act, Wendy Hensel

Wendy F. Hensel

No abstract provided.


Summers V. Altarum: Broadening The Definition Of Disability Under The Ada, And The Impact O The New Definition On Employers, Sidney Minter Oct 2014

Summers V. Altarum: Broadening The Definition Of Disability Under The Ada, And The Impact O The New Definition On Employers, Sidney Minter

North Carolina Central Law Review

No abstract provided.


Exception Perception: The Third Circuit's Strict View Of The Exceptions To The Statute Of Limitations Under The Individuals With Disabilities Education Act, Samantha Peruto Oct 2014

Exception Perception: The Third Circuit's Strict View Of The Exceptions To The Statute Of Limitations Under The Individuals With Disabilities Education Act, Samantha Peruto

Villanova Law Review

No abstract provided.


Mitigating The Impact Of Title Vii's New Retaliation Standard: The Americans With Disabilities Act After University Of Texas Southwestern Medical Center V. Nassar, August T. Johannsen Oct 2014

Mitigating The Impact Of Title Vii's New Retaliation Standard: The Americans With Disabilities Act After University Of Texas Southwestern Medical Center V. Nassar, August T. Johannsen

William & Mary Law Review

No abstract provided.


Guarding The Golden Years: How Public Guardianship For Elders Can Help States Meet The Mandates Of Olmstead, Eleanor B. Cashmore Sep 2014

Guarding The Golden Years: How Public Guardianship For Elders Can Help States Meet The Mandates Of Olmstead, Eleanor B. Cashmore

Boston College Law Review

The aging American population will quickly lead to a greater demand for long-term care and services for people who are unable to care for themselves. Some older adults may require other individuals to make informed decisions on their behalf. State guardianship programs must confront the tension of providing protections for people who are incapacitated while respecting their autonomy, particularly when making decisions involving a person’s residence. When elderly adults wish to stay in their communities and are capable of doing so, a lack of proper support may be a violation of the Americans with Disabilities Act of 1990 (“ADA ...