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Articles 1 - 10 of 10
Full-Text Articles in Disability Law
Pre-Employment Inquiries: Drug Testing, Alcohol Screening, Physical Exams, Honesty Testing, Genetics Screening - Do They Discriminate? An Empirical Study, Donald H. Stone
Pre-Employment Inquiries: Drug Testing, Alcohol Screening, Physical Exams, Honesty Testing, Genetics Screening - Do They Discriminate? An Empirical Study, Donald H. Stone
Akron Law Review
Statistics serve as a reminder that many disabled people continue to face obstacles in gaining access into the employment arena. This Article will reveal how disabled persons are at greater risk when employers increase their screening and testing arsenal in the job selection area.
Disabilities, Law Schools, And Law Students: A Proactive And Holistic Approach, Kevin H. Smith
Disabilities, Law Schools, And Law Students: A Proactive And Holistic Approach, Kevin H. Smith
Akron Law Review
The understandable and laudable desire of law schools to comply with federal laws and regulations forbidding discrimination against, and requiring the provision of reasonable accommodations to, qualified disabled law students has diverted attention from the range of disabilities possessed by law students and the spectrum of issues raised by disabled students in law school. This article is intended to serve as a starting point and a means to stimulate the needed examination and discussion.
Re-Evaluating The Role Of Companion Animals In The Era Of The Aging Boomer, Rebecca J. Huss
Re-Evaluating The Role Of Companion Animals In The Era Of The Aging Boomer, Rebecca J. Huss
Akron Law Review
This Article is divided into four substantive parts. Part II considers the role of pets in the United States and the impact of companion animals in the lives of seniors. Part III analyzes issues that the elderly may face in keeping or interacting with companion animals in their residences. Part IV analyzes federal laws that ensure that persons with disabilities using service and assistance animals will have access to public accommodations and housing. Part V of this Article considers risks and ethical issues involved with having animals in the lives of the elderly.
Shelby, Race, And Disability Rights, Ravi Malhotra
Shelby, Race, And Disability Rights, Ravi Malhotra
Journal of Race, Gender, and Ethnicity
No abstract provided.
The Disability-Employability Divide: Bottlenecks To Equal Opprotunity, Bradley A. Areheart, Michael Ashley Stein
The Disability-Employability Divide: Bottlenecks To Equal Opprotunity, Bradley A. Areheart, Michael Ashley Stein
Michigan Law Review
Equal opportunity might appear to comprise a relatively simple question: Do similarly situated persons have an equal chance to attain a particular goal, or do obstacles irrelevant to their qualifications or to the desired goal preclude achievement? But equal opportunity is complicated.1 There are descriptive and prescriptive dimensions to this question. Nuances exist when determining who is similarly situated, whether those individuals have the same opportunity, what goals we care about equalizing, and whether the ultimate aspiration is equality of opportunity or equality of outcome. Moreover, what means should we employ to remove obstacles, are these means likely to be …
We Want To Play Too, Peter J. Titlebaum, Kate Brennan, Tracy Chynoweth
We Want To Play Too, Peter J. Titlebaum, Kate Brennan, Tracy Chynoweth
Peter J. Titlebaum
The Americans with Disabilities Act (ADA) requires that persons with disabilities be integrated to the maximum extent possible, and that these persons cannot be excluded from participation. Intramural directors need to be proactive in this area. The benefits of intramural sports are vast, and they help many students become part of the college community. Forming an alliance with the Disability Services on campus, the first step, is the most vital aspect of making these programs successful. It is important to remember the difference between what can be done and what must be done. Even with the best of intentions, it …
An “Idea” To Consider: Adopting A Uniform Test To Evaluate Compliance With The Idea’S Least Restrictive Environment Mandate, Sarah Prager
An “Idea” To Consider: Adopting A Uniform Test To Evaluate Compliance With The Idea’S Least Restrictive Environment Mandate, Sarah Prager
NYLS Law Review
No abstract provided.
The Ada And The Supreme Court: A Mixed Record, Samuel R. Bagenstos
The Ada And The Supreme Court: A Mixed Record, Samuel R. Bagenstos
Articles
According to conventional wisdom, the Supreme Court has resisted the Americans with Disabilities Act (ADA) at every turn. The Court, the story goes, has read the statute extremely narrowly and, as a result, stripped away key protections that Congress intended to provide. Its departure from congressional intent, indeed, was so extreme that Congress passed a statute that overturned several key decisions and codified broad statutory protections. That statute, the ADA Amendments Act of 2008 (ADAAA). passed with widespread bipartisan support, and President George W. Bush signed it into law. The conventional wisdom leaves out a major part of the story. …
Reproductive Justice, Public Policy, And Abortion On The Basis Of Fetal Impairment: Lessons From International Human Rights Law And The Potential Impact Of The Convention On The Rights Of Persons With Disabilities, Carole J. Petersen
Journal of Law and Health
This article argues that we should consider not only American constitutional law but also comparative law and emerging international human rights norms, in order to navigate the difficult issue of abortion on the basis of fetal impairment. The United States is a State Party to the International Covenant on Civil and Political Rights (ICCPR)13 and the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT). It is also a signatory (but not a full State Party) to several other relevant treaties, including the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), the …
Disqualifiying Universality Under The Americans With Disabilities Act Amendments Act, Michelle Travis
Disqualifiying Universality Under The Americans With Disabilities Act Amendments Act, Michelle Travis
Michelle A. Travis
This Article reveals a new resistance strategy to disability rights in the workplace. The initial backlash against the Americans with Disabilities Act of 1990 (ADA) targeted protected class status by characterizing the ADA's accommodation mandate as special treatment that benefitted the disabled at the expense of the nondisabled workforce. As a result, federal courts treated the ADA as a welfare statute rather than a civil rights law, which resulted in the Supreme Court dramatically narrowing the definition of disability. Congress responded with sweeping amendments in 2008 to expand the class of individuals with disabilities who are entitled to accommodations and …