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Disability Law Commons

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Articles 1 - 8 of 8

Full-Text Articles in Disability Law

A Primer On Able Accounts, Christopher T. Mcgee, G. Alisa Ferguson Nov 2017

A Primer On Able Accounts, Christopher T. Mcgee, G. Alisa Ferguson

University of Richmond Law Review

No abstract provided.


E-Commerce And The Americans With Disabilities Act: Failing To Extend The Ada To The Internet In Access Now V. Southwest Airlines, Emily Short Sep 2017

E-Commerce And The Americans With Disabilities Act: Failing To Extend The Ada To The Internet In Access Now V. Southwest Airlines, Emily Short

Oklahoma Journal of Law and Technology

No abstract provided.


Uber’S Dilemma: How The Ada May End The On-Demand Economy, Bryan Casey Jun 2017

Uber’S Dilemma: How The Ada May End The On-Demand Economy, Bryan Casey

University of Massachusetts Law Review

This article is the first to point out that a few relatively low-profile lawsuits involving Uber’s liability under the ADA could have an outcome-determinative effect on O’Connor v. Uber Technologies, Inc., the blockbuster employment misclassification case brought against the startup by its own drivers. Because both types of lawsuits hinge on the role that drivers play within Uber’s business model, a ruling in favor of ADA liability which compelled Uber to exert additional control over its drivers would also, in turn, jeopardize the drivers’ legal status as independent contractors. Such an outcome would be catastrophic to Uber’s core business model, …


Higher Education Institutions' Treatment Of Students Deemed A "Direct Threat" To Themselves And The Ada, Dana Martin May 2017

Higher Education Institutions' Treatment Of Students Deemed A "Direct Threat" To Themselves And The Ada, Dana Martin

Northwestern Journal of Law & Social Policy

As the rates of mental illness among college students continues to rise, colleges and universities are faced with new challenges in appropriately accommodating their students who struggle with these conditions. Unfortunately, misunderstanding and stigmatization of mental illness coupled with the fear of being the site of the next on-campus violent tragedy often leads schools to act adversely to the best interest of the student exhibiting at-risk behavior. This Note examines recent actions taken by schools against students demonstrating suicidal behavior in the context of Title II of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act of …


Disability Rights In The Age Of Uber: Applying The Americans With Disabilities Act Of 1990 To Transportation Network Companies, Rachel Reed Mar 2017

Disability Rights In The Age Of Uber: Applying The Americans With Disabilities Act Of 1990 To Transportation Network Companies, Rachel Reed

Georgia State University Law Review

Within the past year, individual plaintiffs and disability rights organizations have initiated a number of lawsuits against Uber, and similar companies like Lyft, alleging violations of Title III of the Americans with Disabilities Act of 1990 (Title III). In each of these cases, the plaintiffs’ success turns on affirmatively answering one significant threshold question: Whether Uber, or a similar entity, falls within the scope of Title III. Traditional taxi companies fall squarely within the Americans with Disabilities Act of 1990’s (ADA) coverage under 42 U.S.C. § 12184 (§ 12184), which governs private companies that provide transportation services. Given the similarities …


The International Right To Sport For People With Disabilities, Maureen A. Weston Jan 2017

The International Right To Sport For People With Disabilities, Maureen A. Weston

Marquette Sports Law Review

None


The Substantially Impaired Sex, Jennifer B. Shinall Jan 2017

The Substantially Impaired Sex, Jennifer B. Shinall

Vanderbilt Law School Faculty Publications

In making the case for increased attention to and expanded legal remedies for disabled women who experience labor market discrimination, this Article proceeds as follows: Part I reviews previous work on intersectional discrimination, which, heretofore, has focused almost exclusively on the experience of African-American women. Part II examines the EEOC data, which details the universe of ADA charges filed with the agency from 2000 to 2009. The EEOC data make clear how men's and women's disability charges differ, and the data also provide a great deal of evidence as to why men's and women's disability charges differ. Part III considers …


Community Integration Of People With Disabilities: Can Olmstead Protect Against Retrenchment?, Mary Crossley Jan 2017

Community Integration Of People With Disabilities: Can Olmstead Protect Against Retrenchment?, Mary Crossley

Articles

Since the passage of the Americans with Disabilities Act (ADA) in 1990, states have made significant progress in enabling Americans with disabilities to live in their communities, rather than institutions. That progress reflects the combined effect of the Supreme Court’s holding in Olmstead v. L.C. ex rel. Zimring, that states’ failure to provide services to disabled persons in the community may violate the ADA, and amendments to Medicaid that permit states to devote funding to home and community-based services (HCBS). This article considers whether Olmstead and its progeny could act as a check on a potential retrenchment of states’ …