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Articles 1 - 30 of 117
Full-Text Articles in Disability Law
Discrimination Cases Of The 2002 Term, Eileen Kaufman
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
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 .
Paid Family Leave, Rachel-Lyn Longo, Shanna Pearson-Merkowitz
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 newborn …
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
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
Mandated Reassignment For The Minimally Qualified, Edward Hood Dawson Iii
West Virginia Law Review
No abstract provided.
Civil Rights Have A Place In Conversation, Wendy Hensel
Civil Rights Have A Place In Conversation, Wendy Hensel
Wendy F. Hensel
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
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
Dartmouth Scholarship
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 claimants of DI.
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.
Playing God: The Legality Of Plans Denying Scarce Resources To People With Disabilities In Public Health Emergencies, Wendy F. Hensel, Leslie E. Wolf
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
New Rights For The Disabled: The Americans With Disabilities Act Of 1990, Steven Kaminshine
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
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
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
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 alleging …
Vouchers For Students With Disabilities: The Future Of Special Education?, Wendy F. Hensel
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
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
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
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
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
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
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
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
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
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.
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
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.
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.
Equality And The European Union, Elizabeth F. Defeis
Equality And The European Union, Elizabeth F. Defeis
Georgia Journal of International & Comparative Law
No abstract provided.
Trends In Special Education Case Law: Frequency And Outcomes Of Published Court Decisions 1998-2012, Zorka Karanxha, Perry A. Zirkel
Trends In Special Education Case Law: Frequency And Outcomes Of Published Court Decisions 1998-2012, Zorka Karanxha, Perry A. Zirkel
Zorka Karanxha
Executive Overview • This article determines the frequency and outcomes of published court decisions under the IDEA for students from pre-K through grade 12, starting in January 1998 and ending in October 2012. • The frequency of these decisions trended upward during the 15-year period, particularly during the most recent five-year interval. • The conclusive outcomes favored districts on a 3:1 basis both overall and on relatively consistent longitudinal basis; however, the intermediate outcomes partially ameliorated this pronounced pro-district tendency. • The Second Circuit region (New York, Vermont, and Connecticut) had the highest volume of cases, and the Tenth Circuit …
Evading Promises: The Promise Of Equality Under U.S. Disability Law And How The United Nations Convention On The Rights Of Persons With Disabilities Can Help, Rachel H. Hinckley
Evading Promises: The Promise Of Equality Under U.S. Disability Law And How The United Nations Convention On The Rights Of Persons With Disabilities Can Help, Rachel H. Hinckley
Georgia Journal of International & Comparative Law
No abstract provided.
Subminimum Or Subpar? A Note In Favor Of Repealing The Fair Labor Standards Act's Subminimum Wage Program, Melia Preedy
Subminimum Or Subpar? A Note In Favor Of Repealing The Fair Labor Standards Act's Subminimum Wage Program, Melia Preedy
Seattle University Law Review
This Note argues for the repeal of Section 14(c) of the Fair Labor Standards Act (FLSA), which continues to perpetuate a system allowing employers to pay less than minimum, or “subminimum,” wage to certain employees with disabilities. The Section 14(c) program is a relic of policy leftover from the 1930s and does not help the disabled community, but rather rests on the presumption that persons with disabilities never progress. In light of recent House Resolution 3086, Congress went against the current trend of encouraging maximum independence and equal opportunities for persons with disabilities and instead upheld the subminimum wage program; …