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Articles 1 - 4 of 4
Full-Text Articles in Disability Law
The Impact Of The Americans With Disabilities Act On State Bar Examiner's Inquiries Into The Psychological History Of Bar Applicants, Carol J. Banta
The Impact Of The Americans With Disabilities Act On State Bar Examiner's Inquiries Into The Psychological History Of Bar Applicants, Carol J. Banta
Michigan Law Review
This Note argues that the use of any questions based upon an applicant's psychological history in the state bar application process violates the Americans with Disabilities Act. Part I demonstrates that Title II of the ADA applies to state boards of bar examiners, and that the ADA definition of a person with a disability includes a person who has sought or received psychological counseling. Part II applies the ADA and accompanying regulations to the psychological history inquiries currently used by state bar examiners and argues that such inquiries violate the ADA because they inquire specifically about disabled status. Part III …
Handling Difficult Issues Under The Family Medical Leave Act, Helen Norton
Handling Difficult Issues Under The Family Medical Leave Act, Helen Norton
Publications
No abstract provided.
Medical Futility And Disability Discrimination, Mary Crossley
Medical Futility And Disability Discrimination, Mary Crossley
Articles
The concept of medical futility, which originally developed in the medical literature as a basis for allocating between physician and patient decisional authority regarding end-of-life treatment, is increasingly appearing in discussions regarding possible methods of containing medical costs by limiting treatment. This use of medical futility as a rationing mechanism, whether by a state Medicaid program or by a hospital, raises concerns regarding its impact on persons with severe disabilities near the end of life. This article considers how the applicability of the Americans with Disabilities Act to cost-conscious futility policies might be analyzed. After developing arguments that proponents and …
Learning And Mental Disability Protection Under The Americans With Disabilities Act In The Quest For Certification For The Practice Of Law, Aaron J. Reber
Learning And Mental Disability Protection Under The Americans With Disabilities Act In The Quest For Certification For The Practice Of Law, Aaron J. Reber
Journal of Law and Health
The Americans with Disabilities Act was enacted in 1990 as a comprehensive scheme in which previously discriminated against classes would be guaranteed fair treatment in employment as well as other settings. The Act protects those with both physical and mental disabilities. With respect to certification for the practice of law, the Act has almost unique significance as the accommodations the Act calls for arguably clash with state bar standards of competence both in legal education and mental fitness for certification. These clashes tend to stem from two major situations-accommodation of the learning disabled student who may not be able to …