Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Civil Rights and Discrimination (5)
- Labor and Employment Law (5)
- Entertainment, Arts, and Sports Law (2)
- Health Law and Policy (2)
- Air and Space Law (1)
-
- Allergy and Immunology (1)
- Biological Phenomena, Cell Phenomena, and Immunity (1)
- Civil Law (1)
- Civil Procedure (1)
- Comparative and Foreign Law (1)
- Constitutional Law (1)
- Election Law (1)
- Evidence (1)
- Family Law (1)
- Food and Drug Law (1)
- Human Rights Law (1)
- Immigration Law (1)
- International Law (1)
- Law and Gender (1)
- Legal Ethics and Professional Responsibility (1)
- Legal History (1)
- Legislation (1)
- Medical Immunology (1)
- Medical Sciences (1)
- Medical Specialties (1)
- Medicine and Health Sciences (1)
- Mental Disorders (1)
- Pathology (1)
- Institution
-
- American University Washington College of Law (1)
- Augustana College (1)
- DePaul University (1)
- Nova Southeastern University (1)
- Pepperdine University (1)
-
- SJ Quinney College of Law, University of Utah (1)
- Saint Louis University School of Law (1)
- Touro University Jacob D. Fuchsberg Law Center (1)
- University of Michigan Law School (1)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (1)
- University of Oklahoma College of Law (1)
- University of Richmond (1)
- University of South Carolina (1)
- Publication
- Publication Type
Articles 1 - 13 of 13
Full-Text Articles in Disability Law
Perspectives On The Meaning Of "Disability", Leslie Francis, Anita Silvers
Perspectives On The Meaning Of "Disability", Leslie Francis, Anita Silvers
Utah Law Faculty Scholarship
The meaning of “disability” has shifted with changes in public policy. Half a century ago, Congress was convinced that narrow determinations of disability are easy for physicians to make. But with the advent of universal civil rights protection against disability discrimination in the US, deciding whether particular individuals are disabled became increasingly contentious, until Congress intervened. What should now be addressed in each case is not whether the functionally compromised person is severely disabled enough to exercise a right, but whether mitigating interventions and reasonable accommodations can together achieve equitable access for that person.
Immigration And Disability In The United States And Canada, Mark Weber
Immigration And Disability In The United States And Canada, Mark Weber
College of Law Faculty
Disability arises from the dynamic between people’s physical and mental conditions andthe physical and attitudinal barriers in the environment. Applying this idea aboutdisability to United States and Canadian immigration law draws attention to barriers toentry and eventual citizenship for individuals who have disabilities. Historically, NorthAmerican law excluded many classes of immigrants, including those with intellectualdisabilities, mental illness, physical defects, and conditions likely to cause dependency.Though exclusions for individuals likely to draw excessive public resources and thosewith communicable diseases still exist in Canada and the United States, in recent yearsthe United States permitted legalization for severely disabled undocumented immigrantsalready in the …
Sutton V. United Airlines, Inc.: The Supreme Court "Substantially Limits" The Americans With Disabilities Act, Stephanie Beige
Sutton V. United Airlines, Inc.: The Supreme Court "Substantially Limits" The Americans With Disabilities Act, Stephanie Beige
Touro Law Review
No abstract provided.
Special Treatment Stigma After The Ada Amendments Act, Nicole Buonocore Porter
Special Treatment Stigma After The Ada Amendments Act, Nicole Buonocore Porter
Pepperdine Law Review
This article explores a unique source of stigma suffered by individuals with disabilities in the workplace. Instead of focusing on those with the most stigmatizing disabilities, I focus on those individuals who have disabilities that are not perceived as very severe, yet they still suffer stigma. These individuals are stigmatized because of the special treatment they receive (or are perceived as receiving) through workplace accommodations provided pursuant to the Americans with Disabilities Act (ADA). In prior work, I have called this phenomenon “special treatment stigma,” the harm that arises from receiving special treatment in the workplace, especially when co-workers believe …
From Mainstreaming To Marginalization?--Idea's De Facto Segregation Consequences And Prospects For Restoring Equity In Special Education, Kerrigan O'Malley
From Mainstreaming To Marginalization?--Idea's De Facto Segregation Consequences And Prospects For Restoring Equity In Special Education, Kerrigan O'Malley
University of Richmond Law Review
Part I of this comment provides an overview of IDEA provisions and implementation regulations followed by a review of judicial interpretations in landmark IDEA service delivery cases, specifically the Supreme Court's Rowley ruling. Drawing upon both le-gal and educational scholarship, this analysis then assesses how IDEA's aspirational equality goals ultimately devolved into de facto segregation in special education. Part II considers factors resulting from the Supreme Court's tuition reimbursement rulings that trend away from IDEA's original equality purpose and integration preference to compromise equality in four ways: creating a means-based bias in private school placement; undermining IDEA's cooperative paradigm and …
The Historical Realization Of The Americans With Disabilities Act On Athletes With Disabilities, Michael W. Carroll, Michael Cottingham, Don Lee, Deborah Shapiro, Brenda Pitts
The Historical Realization Of The Americans With Disabilities Act On Athletes With Disabilities, Michael W. Carroll, Michael Cottingham, Don Lee, Deborah Shapiro, Brenda Pitts
Articles in Law Reviews & Other Academic Journals
The Americans with Disabilities Act (ADA) of 1990 has been one of the most powerful tools used by persons with disabilities in the fight for access and equality. Significant case law demonstrates the impact of the ADA on disability sport participation and access, but little is known regarding how the ADA has impacted athletes with disabilities. Thus, the purpose of this study was to gain the perspective of elite athletes with disabilities who competed before and after the ADA's enactment. Participants were interviewed, and the data were transcribed and analyzed. Findings indicated that participants generally felt physical barriers were most …
Towards Reasonable: The Rise Of State Pregnancy Accommodation Laws, Stephanie A. Pisko
Towards Reasonable: The Rise Of State Pregnancy Accommodation Laws, Stephanie A. Pisko
Michigan Journal of Gender & Law
In light of the recent Supreme Court decision Young v. UPS, pregnancy accommodation in the workplace is once again at the forefront of employment law. Pregnancy is not considered a disability under the ADA, nor is it within the scope of Title VII protections, but states are passing their own pregnancy accommodation laws. These laws will affect employers and employees alike, but exactly how is uncertain. Perhaps the most natural (and obvious) result of the explosion of state pregnancy accommodation laws will be a federal law, or an amendment to the ADA categorizing pregnancy as a disability. But there …
The Effects Of Allergies And Anaphylaxis On The Body And Mind: A Survey Of Opinions And Knowledge On These Disorders, Kathryn E. O'Brien
The Effects Of Allergies And Anaphylaxis On The Body And Mind: A Survey Of Opinions And Knowledge On These Disorders, Kathryn E. O'Brien
Honors Program: Student Scholarship & Creative Works
Despite common knowledge, allergies and anaphylaxis are considered disabilities. As such, these disorders affect the daily lives of those who have them, including one's mental health. In this paper, all the nuances of allergies and anaphylaxis will be discussed as the etiology and scientific aspects of allergies, anaphylaxis, and hypersensitivity are distinguished from one another. Furthermore, the findings are reported from two surveys; an assessment of how well educated and prepared teachers are for students with allergies and whether other students with food allergies have had similar experiences to the author's and those described in research by other studies concerning …
The Need For Better Medical Evidence In Va Disability Compensation Cases And The Argument For More Medical-Legal Partnerships, Stacey-Rae Simcox
The Need For Better Medical Evidence In Va Disability Compensation Cases And The Argument For More Medical-Legal Partnerships, Stacey-Rae Simcox
South Carolina Law Review
No abstract provided.
Workers' Compensation: Necessary Changes In Favor Of The Injured Worker
Workers' Compensation: Necessary Changes In Favor Of The Injured Worker
Nova Law Review
Florida's workers' compensation is intended to provide a "reasonable alternative to tort litigation" by providing medical and wage- loss benefits to injured workers.
Are Intellectually Disabled Individuals Still At Risk Of Capital Punishment After Hall V. Florida? The Need For A Totality-Of-The-Evidence Test To Protect Human Rights In Determining Intellectual Disability, Ruthie Stevens
Oklahoma Law Review
No abstract provided.
Gambling Disorder, Vulnerability, And The Law: Mapping The Field, Stacey A. Tovino
Gambling Disorder, Vulnerability, And The Law: Mapping The Field, Stacey A. Tovino
Scholarly Works
This Article seeks to descriptively map the sub-field of gambling disorder and the law and ask whether individuals with gambling disorder are vulnerable under the law. Like other scholarship that descriptively maps ethical, legal, and social implications of lesser known conditions and developments, this Article seeks to describe the treatment of individuals with gambling disorder in a variety of illustrative, but not exhaustive, legal contexts, to identify the limited scholarship assessing the application of the law to individuals with gambling disorder, and to invite members of the health law academy to bring their significant expertise to bear on these issues …
Hidden From View: Disability, Segregation And Work, Elizabeth Pendo
Hidden From View: Disability, Segregation And Work, Elizabeth Pendo
All Faculty Scholarship
The employment provisions of the Americans with Disabilities Act of 1990 were intended to bring working-age people with disabilities into the workplace by providing options for them to seek and gain meaningful, integrated employment. Although the ADA has made significant gains, the rate of progress in employment has been disappointing. While the lack of progress of people with disabilities in the traditional workplace has received attention, the work done by many, especially those with severe disabilities in segregated workplaces, remains hidden in sheltered workshops. This chapter explores the intersection of the concepts of disability, invisibility, and work and identifies the …