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Articles 1 - 4 of 4
Full-Text Articles in Disability Law
Giving New Meaning To "Handicap": The Americans With Disabilities Act And Its Uneasy Relationship With Professional Sports In Pga Tour, Inc. V. Martin, William E. Spruill
Giving New Meaning To "Handicap": The Americans With Disabilities Act And Its Uneasy Relationship With Professional Sports In Pga Tour, Inc. V. Martin, William E. Spruill
University of Richmond Law Review
Imagine that an all-star batter for the New York Yankees had a circulatory disease that made it difficult and painful for him to run. Would Major League Baseball be forced to permit a designated base runner to run for the disabled batter starting from home plate? Consider Jim Abbott, the successful major league pitcher who was born without a right arm. Under the Americans With Disabilities Act ("ADA"), could Abbott, who pitched well for many years in the American League, which has the designated hitter rule, force the National League, which does not, to exempt him from its batting requirement? …
The Applicability Of The Ada To Private Internet Web Sites, Carrie L. Kiedrowski
The Applicability Of The Ada To Private Internet Web Sites, Carrie L. Kiedrowski
Cleveland State Law Review
This article proposes that private commercial web sites are considered places of public accommodation; consequently, private Internet web sites must be accessible to people with disabilities under the Americans with Disabilities Act. Part I introduces the thesis of this article. Part II sets out the historical inception of the legal rights of accessibility for people with disabilities in public and private entities. Additionally, Part II describes recent federal actions mandating accessibility of government related web sites. Part III addresses the question of whether Internet web sites are considered places of public accommodation under the ADA, including an analysis of supporting …
Forward To Fundamental Alteration: Addressing Ada Title Ii Integration Lawsuits After Olmstead V. L. C, Steve Calandrillo, Jefferson D.E. Smith
Forward To Fundamental Alteration: Addressing Ada Title Ii Integration Lawsuits After Olmstead V. L. C, Steve Calandrillo, Jefferson D.E. Smith
Articles
In 1999, the Supreme Court reviewed the case of Olmstead v. L.C. by Zimring, which has been called the Brown v. Board of Education for the law of disability discrimination. The Court ultimately agreed with the Department of Justice ("DOJ") and held that the Americans with Disabilities Act ("ADA"), along with its supplementary Integration Regulation, requires a State that offers treatment to persons with disabilities to provide such treatment in a community setting where such a placement would not be an unreasonable change or a fundamental alteration in the State's program. Advocates of community care have long argued that such …
Thou Shalt Not Put A Stumbling Block Before The Blind": The Americans With Disabilities Act And Public Transit For The Disabled, Michael Lewyn
Thou Shalt Not Put A Stumbling Block Before The Blind": The Americans With Disabilities Act And Public Transit For The Disabled, Michael Lewyn
Scholarly Works
The Americans with Disabilities Act (ADA), ordered local governments to make bus and train systems more accessible to the disabled, and imposed costly requirements upon local public transit systems - but did not give local governments funds with which to satisfy this mandate. By reducing the funds available to transit systems, the ADA has sometimes forced cutbacks in transit service for everyone including, ironically, the disabled to the extent that disabled people were able to use public transit before the ADA's enactment). Thus, the ADA has occasionally (at least in times of budgetary austerity) been counterproductive. The ADA's inadequacy is …