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Articles 1 - 19 of 19
Full-Text Articles in Disability Law
Civil Rights Have A Place In Conversation, Wendy Hensel
Civil Rights Have A Place In Conversation, 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
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.
Painful Disparities, Painful Realities, Amanda C. Pustilnik
Painful Disparities, Painful Realities, Amanda C. Pustilnik
Amanda C Pustilnik
Legal doctrines and decisional norms treat chronic claims pain differently than other kinds of disability or damages claims because of bias and confusion about whether chronic pain is real. This is law’s painful disparity. Now, breakthrough neuroimaging can make pain visible, shedding light on these mysterious ills. Neuroimaging shows these conditions are, as sufferers have known all along, painfully real. This Article is about where law ought to change because of innovations in structural and functional imaging of the brain in pain. It describes cutting-edge scientific developments and the impact they should make on evidence law and disability law, and, …
Home Sweet Home???: Fixing Group Homes For Human Beings Who Have Special Needs, Erik N. Weber
Home Sweet Home???: Fixing Group Homes For Human Beings Who Have Special Needs, Erik N. Weber
Erik N Weber
When I was five years old, doctors who evaluated me for my autism told my parents to put me in an institution for the rest of my life. The doctors saw no hope; they just saw me as something to be warehoused. My parents did put me in an institution, which was college. My lifelong pursuit to help others with special needs to be treated with dignity began when I went with a Christmas Carol choir to sing Carols at a state hospital (“institution”). I saw patients strapped to chairs; they were lethargic, drooling, and no staff were in the …
Surrogacy Leave And Eu Law: Case C 167/12, C.D. V S.T. And Case C 363/12, Z. V A Government Department, Judgements (Grand Chamber) Of 18 March 2014, Mel Cousins
Mel Cousins
Advances in reproductive technology have tended to outpace the capacity of legislators to respond to these changes, leading to difficult legal questions for the courts. Surrogacy is one particular area where advances in technology have led to many legal challenges and have highlighted the failure (in several jurisdictions) to enact appropriate legislation in response to technological developments and/or differing views about what is ‘appropriate’. Two recent cases before the European Court of Justice (CJEU) have raised the issues as to whether either EU secondary legislation (in particular the Pregnant Workers Directive 92/85/EEC and/or the Equal Treatment Directives 2006/54/EC and 2000/78/EC) …