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Disability Law Commons

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Disability law

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Articles 1 - 29 of 29

Full-Text Articles in Disability Law

Sutton V. United Airlines, Inc.: The Supreme Court "Substantially Limits" The Americans With Disabilities Act, Stephanie Beige Mar 2016

Sutton V. United Airlines, Inc.: The Supreme Court "Substantially Limits" The Americans With Disabilities Act, Stephanie Beige

Touro Law Review

No abstract provided.


Review Of Alaska Mental Health Statutes, Sara G. Gordon, Melissa Piasecki, Gil Kahn, Dawn Nielsen Jan 2016

Review Of Alaska Mental Health Statutes, Sara G. Gordon, Melissa Piasecki, Gil Kahn, Dawn Nielsen

Scholarly Works

This report identifies key statutory provisions that we recommend be amended, a description of our findings based on interviews with stakeholders, legislative history of the Alaska statutes, reviews of national best practices and, where applicable, information about emerging areas in national mental health law for Alaska to consider in creating new law. Our recommendations are based in large part on significant advances in law and medicine in the understanding and treatment of mental illness that have occurred in the years since Alaska last made significant and substantive reforms to its criminal and civil mental health statutes. It is important to ...


Re-Evaluating The Role Of Companion Animals In The Era Of The Aging Boomer, Rebecca J. Huss Oct 2015

Re-Evaluating The Role Of Companion Animals In The Era Of The Aging Boomer, Rebecca J. Huss

Rebecca J. Huss

This Article is divided into four substantive parts. Part II considers the role of pets in the United States and the impact of companion animals in the lives of seniors. Part III analyzes issues that the elderly may face in keeping or interacting with companion animals in their residences. Part IV analyzes federal laws that ensure that persons with disabilities using service and assistance animals will have access to public accommodations and housing. Part V of this Article considers risks and ethical issues involved with having animals in the lives of the elderly.


Neuroscience And Health Law: An Integrative Approach, Stacey A. Tovino J.D., Ph.D. Jun 2015

Neuroscience And Health Law: An Integrative Approach, Stacey A. Tovino J.D., Ph.D.

Akron Law Review

Neuroscience is one of the fastest growing scientific fields in terms of the numbers of scientists and the knowledge being gained. In recent years, both the scope of neuroscience and the methodologies employed by neuroscientists have broadly expanded, from biochemical and genetic analysis of individual nerve cells and their molecular constituents, to the imaging of brain structure and function. Perhaps the most significant recent neuroscientific achievement is the ability of neuroimaging technologies, including functional magnetic resonance imaging (fMRI), to image brain function. Clinicians and scientists use fMRI not only to map sensory, motor, and cognitive function, but also to study ...


Re-Evaluating The Role Of Companion Animals In The Era Of The Aging Boomer, Rebecca J. Huss Jun 2015

Re-Evaluating The Role Of Companion Animals In The Era Of The Aging Boomer, Rebecca J. Huss

Akron Law Review

This Article is divided into four substantive parts. Part II considers the role of pets in the United States and the impact of companion animals in the lives of seniors. Part III analyzes issues that the elderly may face in keeping or interacting with companion animals in their residences. Part IV analyzes federal laws that ensure that persons with disabilities using service and assistance animals will have access to public accommodations and housing. Part V of this Article considers risks and ethical issues involved with having animals in the lives of the elderly.


Identity And Narrative: Turning Oppression Into Client Empowerment In Social Security Disability Cases, Jonel Newman Jan 2015

Identity And Narrative: Turning Oppression Into Client Empowerment In Social Security Disability Cases, Jonel Newman

Articles

No abstract provided.


Tennessee V. Lane: Winning The Battle, Losing The War?, Michael Forearm, Ossai Miazad Feb 2014

Tennessee V. Lane: Winning The Battle, Losing The War?, Michael Forearm, Ossai Miazad

Tennessee Journal of Law and Policy

Mr. Foreman serves as deputy director for legal programs at the Lawyers Committee for Civil Rights under Law. He is a frequent speaker on civil rights issues and has served as counsel of record for the Lawyer's Committee in several cases before the Supreme Court.


The Policy Implications, Elizabeth Mccallum Feb 2014

The Policy Implications, Elizabeth Mccallum

Tennessee Journal of Law and Policy

Elizabeth McCallum is a partner at Howrey, Simon, Arnold & White, LLP, in Washington, D.C.


Tennessee's Response To The Supreme Court's Decision, Paul G. Summers, Elizabeth Martin Feb 2014

Tennessee's Response To The Supreme Court's Decision, Paul G. Summers, Elizabeth Martin

Tennessee Journal of Law and Policy

Paul G. Summers is the Tennessee Attorney General & Reporter. Elizabeth Martin is an Assistant Tennessee Attorney General.


Tennessee's Legal Strategy, Michael Moore Feb 2014

Tennessee's Legal Strategy, Michael Moore

Tennessee Journal of Law and Policy

Michael Moore is the Tennessee Solicitor General.


The Marrakesh Puzzle, Marketa Trimble Jan 2014

The Marrakesh Puzzle, Marketa Trimble

Scholarly Works

This article analyzes the puzzle created by the 2013 Marrakesh Treaty in its provisions concerning the cross-border exchange of copies of copyrighted works made for use by persons who are “blind, visually impaired, or otherwise print disabled” (copies known as “accessible format copies”). The analysis should assist executive and legislative experts as they seek optimal methods for implementing the Treaty. The article provides an overview of the Treaty, notes its unique features, and examines in detail its provisions on the cross-border exchange of accessible format copies. The article discusses three possible sources for implementation tools – choice of law rules, the ...


Interest-Convergence And The Disability Paradox: An Account Of The Racial Disparities In Disability Determinations Under The Ssa And Idea, Jana R. Dicosmo, Robert L. Hayman, Jordan G. Mickman Dec 2012

Interest-Convergence And The Disability Paradox: An Account Of The Racial Disparities In Disability Determinations Under The Ssa And Idea, Jana R. Dicosmo, Robert L. Hayman, Jordan G. Mickman

Robert L. Hayman

No abstract provided.


The Rights Of Disabled Students, Derek W. Black, Robert A. Garda Jr., John E. Taylor, Emily Gold Waldman Dec 2012

The Rights Of Disabled Students, Derek W. Black, Robert A. Garda Jr., John E. Taylor, Emily Gold Waldman

Robert A. Garda

Education Law: Equality, Fairness, and Reform situates case law in the broader education world by including edited versions of federal policy guidance, seminal law review articles, social science studies, and policy reports. It offers comprehensive coverage of education law while also focusing specifically on equality and civil rights issues. It includes individual chapters on each major area of inequality: race, poverty, gender, disability, homelessness, and language status. Those chapters are followed by a structured approach to the complex first amendment questions, dividing the first amendment into three different chapters and addressing, in order, freedom of expression and thought, religion in ...


A Group Home Exclusively For Married Couples With Developmental Disabilities: A Natural Next-Step, Marissa Debellis Jul 2012

A Group Home Exclusively For Married Couples With Developmental Disabilities: A Natural Next-Step, Marissa Debellis

Touro Law Review

No abstract provided.


Litigating Age And Disability Claims Against State And Local Government Employers In The New "Federalism" Era, Ivan E. Bodensteiner, Rosalie Levinson Jul 2012

Litigating Age And Disability Claims Against State And Local Government Employers In The New "Federalism" Era, Ivan E. Bodensteiner, Rosalie Levinson

Ivan E. Bodensteiner

No abstract provided.


Litigating Age And Disability Claims Against State And Local Government Employers In The New "Federalism" Era, Ivan E. Bodensteiner, Rosalie Levinson Jul 2012

Litigating Age And Disability Claims Against State And Local Government Employers In The New "Federalism" Era, Ivan E. Bodensteiner, Rosalie Levinson

Rosalie Berger Levinson

No abstract provided.


Selective Bibliography Relating To Law Students And Lawyers With Disabilities, Adeen Postar Jan 2011

Selective Bibliography Relating To Law Students And Lawyers With Disabilities, Adeen Postar

All Faculty Scholarship

No abstract provided.


A Disability By Any Other Name Is Still A Disability: Log Cabin, The Disability Spectrum, And The Ada (Aa), Gabrielle L. Goodwin Jan 2009

A Disability By Any Other Name Is Still A Disability: Log Cabin, The Disability Spectrum, And The Ada (Aa), Gabrielle L. Goodwin

Articles by Maurer Faculty

In EEOC v. Lee's Log Cabin, the Seventh Circuit followed the Supreme Court precedent of the last decade that has increasingly narrowed the determination of what constitutes a disabled individual under the Americans with Disabilities Act. In 2008, Congress passed the ADA Amendments Act in an attempt to restore the ADA to its original purpose and the original vision of the ADA's drafters and supporters. Whether these amendments will produce dramatic changes in the way the administrative agencies and courts apply the ADA remains to be seen. Nonetheless, the only way the ADA or its amendments will successfully ...


Shape Stops Story, Elizabeth F. Emens Jan 2007

Shape Stops Story, Elizabeth F. Emens

Faculty Scholarship

Storytelling and resistance are powerful tools of both lawyering and individual identity, as I argue in this brief essay published in Narrative as part of a dialogue on disability, narrative, and law with Rosemarie Garland-Thompson and Ellen Barton. Garland-Thompson's work shows us the life-affirming potential of storytelling, its role in shaping disability identity, and its role in communicating that identity to the outside world. By contrast, Barton powerfully shows how those same life-affirming narratives can force a certain kind of storytelling, can create a mandate to tell one story and not another. In short, Barton reminds us of the ...


Litigating Age And Disability Claims Against State And Local Government Employers In The New "Federalism" Era, Ivan E. Bodensteiner, Rosalie Levinson Jan 2001

Litigating Age And Disability Claims Against State And Local Government Employers In The New "Federalism" Era, Ivan E. Bodensteiner, Rosalie Levinson

Law Faculty Publications

No abstract provided.


Mr. Peanut Goes To Court: Accomodating An Individuals Peanut Allergy In Schools And Day Care Centers Under The Americans Wtih Disabilities Act, Marie Plicka Jan 1999

Mr. Peanut Goes To Court: Accomodating An Individuals Peanut Allergy In Schools And Day Care Centers Under The Americans Wtih Disabilities Act, Marie Plicka

Journal of Law and Health

This article explores the ADA and the interpretive case law, as it pertains to schools and day care centers, in hopes of better understanding the purpose of the statute as well as to predict its future. Part II of this article provides a brie explanation of peanut allergies. Part III contains an overview of Title II and Title III of the ADA and their interpretive regulations. Part IV analyzes whether an individual asserting a Title II claim under the ADA, where the relief sought is also available under the Individual with Disabilities Education Act before asserting his or her ADA ...


Book Review, Marianne Wesson Jan 1996

Book Review, Marianne Wesson

Articles

No abstract provided.


Responsibilities Of Employers Toward Mentally Disabled Persons Under The Americans With Disabilities Act, Karin Mika, Denise Wimbiscus Jan 1996

Responsibilities Of Employers Toward Mentally Disabled Persons Under The Americans With Disabilities Act, Karin Mika, Denise Wimbiscus

Journal of Law and Health

This article will discuss the standards of the ADA with respect to accommodating mental illness in the workplace. It will argue the ADA definitions are not precise enough to apprising employers of what are their obligations regarding mentally ill persons in the workplace. It will additionally make suggestions for revising the statute and regulations to achieve this goal. In reaching its conclusion, this article will discuss popular conceptions about mental illness, and the current statutory framework of the ADA. Representative case law will be considered within the context of these topics. The article will ultimately suggest that fairness to both ...


The Ada As A Tool For Advocacy: A Strategy For Fighting Employment Discrimination Against People With Disabilities, Ellen M. Saideman Jan 1993

The Ada As A Tool For Advocacy: A Strategy For Fighting Employment Discrimination Against People With Disabilities, Ellen M. Saideman

Journal of Law and Health

There are essentially three different theories that are used to prove discrimination against people with disabilities: disparate treatment- that a person has been treated differently because of membership in a protected class - may be proved by direct evidence of discrimination or by inference. Today, employers are often open about discriminating against people with disabilities. They frequently know little about disabilities and make their decisions based on stereotypes rather than on individualized assessments. Further, medical examinations and inquiries are required by the ADA to be conducted after a job has been offered thereby enabling job applicants to determine that their disability ...


Designing Reasonable Accomodations Through Co-Worker Participation: Therapeutic Jurisprudence And The Confidentiality Provision Of The Americans With Disabilities Act, Rose A. Daly-Rooney Jan 1993

Designing Reasonable Accomodations Through Co-Worker Participation: Therapeutic Jurisprudence And The Confidentiality Provision Of The Americans With Disabilities Act, Rose A. Daly-Rooney

Journal of Law and Health

The Americans with Disabilities Act prohibits discrimination on the basis of disability in employment, public accommodations, transportation, communication, and services provided by state and local government. Title I of the ADA addresses employment discrimination against people with disabilities. Among other things, the ADA prohibits an employer from rejecting an applicant solely because of the need to provide that applicant with a reasonable accommodation. At the same time, the ADA requires that an employer maintain confidentiality about the applicant or employee's medical condition or medical history obtained during acceptable inquiries, including those inquiries needed to design appropriate accommodations.


And Equal Participation For All...The Americans With Disabilities Act In The Courtroom, Keri K. Gould Jan 1993

And Equal Participation For All...The Americans With Disabilities Act In The Courtroom, Keri K. Gould

Journal of Law and Health

This article hopes to encourage the use of the ADA as a mechanism to increase courtroom accessibility to people with disabilities. The article proceeds in the following manner. Initially, I outline the procedural history and design of the Act. Then, in Part III, I discuss how the ADA seeks to ensure the increased participation of persons with disabilities in courtroom practices and procedures. In Part IV, I discuss the Act's Title II, Public Services, which controls access to and accommodations by the state courts. Next, I trace the discrimination frequently faced by persons with disabilities, which is illustrated by ...


The Ada And Persons With Mental Disabilities: Can Sanist Attitudes Be Undone, Michael L. Perlin Jan 1993

The Ada And Persons With Mental Disabilities: Can Sanist Attitudes Be Undone, Michael L. Perlin

Journal of Law and Health

This leads to my thesis. What I call "sanist" attitudes and "pretextual" judicial and legislative reactions dominate social and legal discourse about mentally ill persons (and those so perceived). These attitudes affect and infect interpersonal relationships, social, cultural and political actions, judicial decisions, legislative enactments, scholarly writings, administrative rulings, and litigation strategies. They largely operate on an unconscious (and often invisible) level, and are frequently found in the writings and public pronouncements of otherwise "liberal" or "progressive" individuals. They are also rationalized through the non-reflective use of a false kind of "ordinary common sense" (OCS) and through the use of ...


Effectively Implementing Title 1 Of The Americans With Disabilities Act For Mentally Disabled Persons: A Therapeutic Jurisprudence Analysis, Deborah A. Dorfman Jan 1993

Effectively Implementing Title 1 Of The Americans With Disabilities Act For Mentally Disabled Persons: A Therapeutic Jurisprudence Analysis, Deborah A. Dorfman

Journal of Law and Health

This article discusses the potential impact that Title I has on the lives of individuals with mental disabilities and methods by which it can be most effectively implemented and enforced. The following section discusses the potential impact that Title I can have on the lives of the mentally disabled, specifically in the areas of independent living and quality of life. Part III will examine problems enforcing Title I which interfere with the ability of the mentally disabled to fully benefit from the statute. The second half of this article discusses how to best implement and enforce Title I from a ...


Does Ohio Provide Autistic Children A Free Appropriate Public Education, Sheila M. Mccarthy Jan 1988

Does Ohio Provide Autistic Children A Free Appropriate Public Education, Sheila M. Mccarthy

Journal of Law and Health

Autistic children are handicapped children within the meaning of the EAHCS, therefore, they are entitled to receive "free appropriate public education." This Note will discuss whether Ohio currently provides autistic children a "free appropriate public education" in accordance with the EAHCA. Ohio's parallel statute, the State Education of Handicapped Act (State Act), is compared to similar legislation currently existing in various other states throughout the United States. Areas in the State Act needing clarification are scrutinized and stutory revisions are recommended. This Note concludes that Ohio should adopt additional safeguards to ensure that autistic children receive a "free appropriate ...