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Disability Law Commons

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Articles 1 - 23 of 23

Full-Text Articles in Disability Law

The Remedial Authority Of Hearing And Review Officers Under The Individuals With Disabilities Education Act: An Update, Perry A. Zirkel Mar 2013

The Remedial Authority Of Hearing And Review Officers Under The Individuals With Disabilities Education Act: An Update, Perry A. Zirkel

Journal of the National Association of Administrative Law Judiciary

This article provides an update of a comprehensive review that was published five years ago, which synthesized the various sources of law specific to the remedial authority of hearing/review officers (H/ROs) under the Individuals with Disabilities Education Act (IDEA).


Does Your Carer Take Sugar? Carers And Human Rights: The Parallel Struggles Of Disabled People And Carers For Equal Treatment, Luke Clements Mar 2013

Does Your Carer Take Sugar? Carers And Human Rights: The Parallel Struggles Of Disabled People And Carers For Equal Treatment, Luke Clements

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Before Its Time: Public Perception Of Disability Rights, The Americans With Disabilities Act, And The Future Of Access And Accommodation, Mary Johnson Jan 2007

Before Its Time: Public Perception Of Disability Rights, The Americans With Disabilities Act, And The Future Of Access And Accommodation, Mary Johnson

Washington University Journal of Law & Policy

The ADA is not only a law in which economic considerations were allowed to determine civil rights, it was also a major rights law passed with virtually no public scrutiny. After its passage, anti-disability rights groups quickly moved to weaken its protections by publicly ridiculing its provisions. Unlike other civil rights laws, the ADA defined those who were to be granted its protections, and opponents focused on this, taking aim at those they felt did not deserve its protections. The concepts underlying disability rights were not widely understood by the public, and as ADA cases came before judges it was ...


A New Start On The Road Not Taken: Driving With Lane To Head Off Disability-Based Denials Of Rights, Anita Silvers, Leslie Pickering Francis Jan 2007

A New Start On The Road Not Taken: Driving With Lane To Head Off Disability-Based Denials Of Rights, Anita Silvers, Leslie Pickering Francis

Washington University Journal of Law & Policy

In this Essay, our ultimate goal is to demonstrate how advocates for the civil rights of people with disabilities can use Lane to construct a successful rights-based strategy. In doing so, we will show that Lane embarks upon a palpable and promising (but yet to be explicitly announced) rights-based standard to which important kinds of differential treatment of people with disabilities should be held. This strategy maps the way for legal thinking about disability discrimination to return from the wrong road down which Cleburne drove the national effort to achieve integration for people with disabilities. Our approach deflects disability discrimination ...


The Legal Genealogy Of The Duty To Accommodate American And Canadian Workers With Disabilities: A Comparative Perspective, Ravi Malhotra Jan 2007

The Legal Genealogy Of The Duty To Accommodate American And Canadian Workers With Disabilities: A Comparative Perspective, Ravi Malhotra

Washington University Journal of Law & Policy

In this Essay, I seek to analyze the origins of the duty to accommodate people with disabilities in Canadian law in order to present a counter-factual argument on why the duty to accommodate has not flourished in American law. Comparative legal approaches have the merit of shedding fresh light on old legal problems that might not otherwise be considered. In Part I, I trace the history of the concept of reasonable accommodation in leading Supreme Court of Canada decisions, and demonstrate how accommodation of workers with religious beliefs remained central to the development of the jurisprudence and helped make decision-makers ...


A Veil Of Genetic Ignorance - Protecting Genetic Privacy To Ensure Equality, Radhika Rao Jan 2006

A Veil Of Genetic Ignorance - Protecting Genetic Privacy To Ensure Equality, Radhika Rao

Villanova Law Review

No abstract provided.


The Child Medication Safety Act: Special Treatment For The Parents Of Children With Adhd?, Emily Berntsen Jan 2005

The Child Medication Safety Act: Special Treatment For The Parents Of Children With Adhd?, Emily Berntsen

Washington University Law Review

No abstract provided.


The Fourth “R”: Sustaining The Ada's Private “Right” Of Action Against States For Disability Discrimination In Public Education, Matthew P. Hampton Jan 2005

The Fourth “R”: Sustaining The Ada's Private “Right” Of Action Against States For Disability Discrimination In Public Education, Matthew P. Hampton

Washington University Law Review

No abstract provided.


The Spirit Or The Letter Of The Law: Oregon Paralyzed Veterans Of America V. Regal Cinemas, Inc. Strikes A Blow For Justice With Questionable Regulatory Interpretation, Mattei I. Radu Jan 2005

The Spirit Or The Letter Of The Law: Oregon Paralyzed Veterans Of America V. Regal Cinemas, Inc. Strikes A Blow For Justice With Questionable Regulatory Interpretation, Mattei I. Radu

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


Unlawful Discrimination Or A Necessity For A Fair Trial?: Exclusion Of A Law Clerk With A Disability From The Courtroom During Jury Trial Of A Personal Injury Case, Luther A. Granquist Jan 2003

Unlawful Discrimination Or A Necessity For A Fair Trial?: Exclusion Of A Law Clerk With A Disability From The Courtroom During Jury Trial Of A Personal Injury Case, Luther A. Granquist

William Mitchell Law Review

Today, the judicial system, broadly viewed to include bench and bar, jurors, and court personnel, includes more persons of color and more women than ever before. Issues of discrimination on the basis of race and gender continue, but progress has been made. However, few persons with evident disabilities practice law or sit on the bench. Perhaps that is why the very presence of a man with serious disabilities prompts concerns about the effect that he will have, just being there, on the outcome of a case. When more persons with evident disabilities, more persons who use wheelchairs or have personal ...


Not Like It Was In The Old Days: Is The Americans With Disabilities Act Changing The Face Of Sports As We Know It, Amy M. Kearney Jan 2003

Not Like It Was In The Old Days: Is The Americans With Disabilities Act Changing The Face Of Sports As We Know It, Amy M. Kearney

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


Access Denied And Not Designed: The Ninth Circuit Drafts A Narrow Escape For Architect Liability Under The Americans With Disabilities Act In Lonberg V. Sanborn Theaters, Inc., Mita Chatterjee Jan 2002

Access Denied And Not Designed: The Ninth Circuit Drafts A Narrow Escape For Architect Liability Under The Americans With Disabilities Act In Lonberg V. Sanborn Theaters, Inc., Mita Chatterjee

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


Foster Care And The “Significant Risk” Of Aids: Applying The Direct Threat Exception To The Americans With Disabilities Act And The Rehabilitation Act In Doe V. County Of Centre, Annie O. Wu Jan 2001

Foster Care And The “Significant Risk” Of Aids: Applying The Direct Threat Exception To The Americans With Disabilities Act And The Rehabilitation Act In Doe V. County Of Centre, Annie O. Wu

Washington University Law Review

No abstract provided.


Driving Into The Rough: Conflicting Decisions On The Rights Of Disabled Golfers In Martin V. Pga Tour, Inc. And Olinger V. United States Golf Ass'n, Steven A. Holzbaur Jan 2001

Driving Into The Rough: Conflicting Decisions On The Rights Of Disabled Golfers In Martin V. Pga Tour, Inc. And Olinger V. United States Golf Ass'n, Steven A. Holzbaur

Villanova Law Review

No abstract provided.


A Conceptual Framework For Genetic Policy: Comparing The Medical, Public Health, And Fundamental Rights Models, Lori B. Andrews Jan 2001

A Conceptual Framework For Genetic Policy: Comparing The Medical, Public Health, And Fundamental Rights Models, Lori B. Andrews

Washington University Law Review

This Article presents the first attempt to develop a comprehensive legal framework governing the regulation of genetic information in the United States. Part II addresses the need for such legal framework. Part III analyzes three conceptual legal models that have been adopted in the past for regulating medical services: the medical model, the public health model, and the fundamental rights model. Part IV examines the results of medical and social scientific studies on the impact of genetic services. Part V addresses the impact of genetic services. Part VI revisits the three models to determine which is appropriate for genetics. Part ...


Standing In Front Of The Disabled: Judicial Uncertainty Over Enhanced Sightlines In Sports Arenas, James Kurack Jan 2001

Standing In Front Of The Disabled: Judicial Uncertainty Over Enhanced Sightlines In Sports Arenas, James Kurack

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


The Americans With Disabilities Act And Its Application To High School, Collegiate And Professional Athletics, Jonathan R. Cook Jan 1999

The Americans With Disabilities Act And Its Application To High School, Collegiate And Professional Athletics, Jonathan R. Cook

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


When A Handicap May Be An Advantage: Mcpherson V. Michigan High School Athletic Association Evaluates The Relationship Of The Rehabilitation Act And The Ada To Athletic Association Maximum Semester Rules, John P. Encarnacion Jan 1998

When A Handicap May Be An Advantage: Mcpherson V. Michigan High School Athletic Association Evaluates The Relationship Of The Rehabilitation Act And The Ada To Athletic Association Maximum Semester Rules, John P. Encarnacion

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


Private Rights In Public Places: A Weighty Issue, Shari J. Ronkin Jan 1994

Private Rights In Public Places: A Weighty Issue, Shari J. Ronkin

University of Miami Law Review

No abstract provided.


Expanding The Protection Of Aids Victims Under The Federal Rehabilitation Act: Unifying The Views Of Courts And The Department Of Justice, Gail Bass Jan 1989

Expanding The Protection Of Aids Victims Under The Federal Rehabilitation Act: Unifying The Views Of Courts And The Department Of Justice, Gail Bass

Washington University Law Review

No abstract provided.


Mental Impairments And The Rehabilitation Act Of 1973, David Allen Larson Jan 1988

Mental Impairments And The Rehabilitation Act Of 1973, David Allen Larson

Faculty Scholarship

This article examines the question of whether an asserted mental disorder should be regarded as a statutory impairment. The article begins by outlining the Rehabilitation Act and by discussing the diagnostic difficulties that exist in the mental health field. It then surveys specific cases arising under the Rehabilitation Act. Selected cases reviewing state statutory language are also examined. The article provides a broad discussion of the questions and concerns that must be considered when formulating a nondiscrimination policy protecting mentally impaired persons. It concludes by suggesting an approach for handling cases alleging discrimination due to a mental impairment.


Administrative Law - Department Of Transportation Regulations Mandating That Mass Transit Systems Be Accessible To The Handicapped Are Beyond The Scope Of Section 504 Of The Rehabilitation Act, Kathleen A. Frederick Jan 1982

Administrative Law - Department Of Transportation Regulations Mandating That Mass Transit Systems Be Accessible To The Handicapped Are Beyond The Scope Of Section 504 Of The Rehabilitation Act, Kathleen A. Frederick

Villanova Law Review

No abstract provided.


The Handicapped Child's Right To A Free Appropriate Education: Defining The Limits Of Responsibility, Richard J. Buturla Jan 1982

The Handicapped Child's Right To A Free Appropriate Education: Defining The Limits Of Responsibility, Richard J. Buturla

Villanova Law Review

No abstract provided.