Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Labor and Employment Law (3)
- Education Law (2)
- Accessibility (1)
- Administrative Law (1)
- Civil Rights and Discrimination (1)
-
- Constitutional Law (1)
- Disability and Equity in Education (1)
- Education (1)
- Entertainment, Arts, and Sports Law (1)
- Legislation (1)
- Medicine and Health Sciences (1)
- Mental and Social Health (1)
- Pre-Elementary, Early Childhood, Kindergarten Teacher Education (1)
- Psychiatric and Mental Health (1)
- Supreme Court of the United States (1)
- Teacher Education and Professional Development (1)
- Torts (1)
- Institution
Articles 1 - 5 of 5
Full-Text Articles in Disability Law
The Tort Label, Sandra F. Sperino
The Tort Label, Sandra F. Sperino
Faculty Articles and Other Publications
Courts and commentators often label federal discrimination statutes as torts. Since the late 1980s, the courts increasingly applied tort concepts to these statutes. This Article discusses how courts placed employment discrimination law within the organizational umbrella of tort law without examining whether the two areas share enough theoretical and doctrinal affinities.
While discrimination statutes are torts in some general sense that they do not arise out of criminal law and are not solely contractual, it is far from clear that these statutes are enough like traditional torts to justify the reflexive and automatic use of tort law. Employment discrimination statutes …
Growing Ideas - Laws That Support Early Childhood Education For All, University Of Maine Center For Community Inclusion And Disability Studies
Growing Ideas - Laws That Support Early Childhood Education For All, University Of Maine Center For Community Inclusion And Disability Studies
Early Childhood Resources
State and federal laws protect the rights of children with disabilities. These laws support the inclusion of children with disabilities in care and education settings. Care and education professionals should be familiar with these laws.
Do You Believe He Can Fly? Royce White And Reasonable Accommodations Under The Americans With Disabilities Act For Nba Players With Anxiety Disorder And Fear Of Flying, Michael Mccann
Law Faculty Scholarship
This Article examines the legal ramifications of Royce White, a basketball player with general anxiety disorder and obsessive compulsive disorder, playing in the NBA. White's conditions cause him to have a fear of flying, thus making it difficult to play in the NBA. This subject is without precedent in sports law and, because of the unique aspects of an NBA playing career, lacks clear analogy to other employment circumstances. This dispute also illuminates broader legal and policy issues in the relationship between employment and mental illness.
This Article argues that White would likely fail in a lawsuit against an NBA …
Toward An "Unqualified" Otherwise Qualified Standard: Job Prerequisites And Reasonable Accommodation Under The Americans With Disabilities Acts, John E. Rumel
Articles
No abstract provided.
Advocates, Federal Agencies, And The Education Of Children With Disabilities, Eloise Pasachoff
Advocates, Federal Agencies, And The Education Of Children With Disabilities, Eloise Pasachoff
Georgetown Law Faculty Publications and Other Works
The aim of this essay, prepared for a symposium on dispute resolution in special education held at The Ohio State University Moritz College of Law in February 2014, is to highlight ways that advocates for children with disabilities can use federal agencies to improve the implementation and enforcement of federal laws protecting children with disabilities in schools—that is, the Individuals with Disabilities Education Act, Section 504 of the Rehabilitation Act of 1973, and the Americans with Disabilities Act as it relates to schools.
One can spend a lot of time engaging with the contemporary public conversation about the law surrounding …