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Disability Law Commons

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Articles 1 - 23 of 23

Full-Text Articles in Disability Law

Book Review Of Cause Lawyering For People With Disabilites, Michael Ashley Stein, Michael E. Waterstone, David B. Wilkins Jan 2010

Book Review Of Cause Lawyering For People With Disabilites, Michael Ashley Stein, Michael E. Waterstone, David B. Wilkins

Faculty Publications

No abstract provided.


Social Rights And The Relational Value Of The Rights To Participate In Sport, Recreation And Play, Janet E. Lord, Michael Ashley Stein Jul 2009

Social Rights And The Relational Value Of The Rights To Participate In Sport, Recreation And Play, Janet E. Lord, Michael Ashley Stein

Faculty Publications

No abstract provided.


Disabling Prejudice, Michael E. Waterstone, Michael Ashley Stein Jan 2008

Disabling Prejudice, Michael E. Waterstone, Michael Ashley Stein

Faculty Publications

No abstract provided.


The Domestic Incorporation Of Human Rights Law And The United Nations Convention On The Rights Of Persons With Disabilities, Janet E. Lord, Michael Ashley Stein Jan 2008

The Domestic Incorporation Of Human Rights Law And The United Nations Convention On The Rights Of Persons With Disabilities, Janet E. Lord, Michael Ashley Stein

Faculty Publications

This Article reviews the processes by which domestic-level transposition of international human rights norms may occur as a consequence of human rights treaty ratification, or other means of incorporation. Specifically, we consider the transformative vision of the Convention on the Rights of Persons with Disabilities (CRPD or Convention) as a vehicle for fostering national-level disability law and policy changes. In doing so, we outline the challenges and opportunities presented by this new phase in disability rights advocacy, and we draw conclusions that bear generally upon human rights practice and scholarship. We contend that the role of human rights in domestic ...


The Mythic 43 Million Americans With Disabilities, Ruth Colker Oct 2007

The Mythic 43 Million Americans With Disabilities, Ruth Colker

William & Mary Law Review

Although Congress stated in its first statutory finding that it intended the Americans with DisabilitiesA ct (ADA) to protect at least 43 million Americans from disability discrimination, the Supreme Court has interpreted this statute so that it covers no more than 13.5 million Americans. More importantly, this Article demonstrates through the use of Census Bureau data that the ADA's employment discrimination provisions have been eviscerated to the point that the ADA protects virtually no Americans who are both disabled and able to work. This Article places that problem in the larger context of the Court undermining Congress's ...


Disability Human Rights, Michael Ashley Stein Jan 2007

Disability Human Rights, Michael Ashley Stein

Faculty Publications

Responding to the absence of an international treaty expressly protecting people with disabilities, the United Nations General Assembly will soon adopt a disability-based human rights convention. This Article examines the theoretical implications of adding disability to the existing canon of human rights, both for individuals with disabilities and for other under-protected people. It develops a "disability human rights paradigm" by combining components of the social model of disability, the human right to development, and Martha Nussbaum's version of the capabilities approach, but filters them through a disability rights perspective to preserve that which provides for individual flourishing and modifying ...


A Quick Overview Of The United Nations Convention On The Rights Of Persons With Disabilities, Michael Ashley Stein Jan 2007

A Quick Overview Of The United Nations Convention On The Rights Of Persons With Disabilities, Michael Ashley Stein

Faculty Publications

No abstract provided.


Beyond Disability Civil Rights, Michael Ashley Stein, Penelope J.S. Stein Jan 2007

Beyond Disability Civil Rights, Michael Ashley Stein, Penelope J.S. Stein

Faculty Publications

No abstract provided.


Disability And Employment Discrimination At The Rehnquist Court, Anita Silvers, Michael E. Waterstone, Michael Ashley Stein Apr 2006

Disability And Employment Discrimination At The Rehnquist Court, Anita Silvers, Michael E. Waterstone, Michael Ashley Stein

Faculty Publications

No abstract provided.


Disability, Disparate Impact, And Class Actions, Michael Ashley Stein, Michael E. Waterstone Jan 2006

Disability, Disparate Impact, And Class Actions, Michael Ashley Stein, Michael E. Waterstone

Faculty Publications

Following Title VII's enactment, group-based employment discrimination actions flourished due to disparate impact theory and the class action device. Courts recognized that subordination that defined a group's social identity was also sufficient legally to bind members together, even when relief had to be issued individually. Woven through these cases was a notion of panethnicity that united inherently unrelated groups into a common identity, for example, Asian Americans. Stringent judicial interpretation subsequently eroded both legal frameworks and it has become increasingly difficult to assert collective employment actions, even against discriminatory practices affecting an entire group. This deconstruction has immensely ...


Gimme Shelter: Does The Fair Housing Amendments Act Of 1988 Require Accommodations For The Financial Cirumstances Of The Disabled?, Brian R. Rosenau Nov 2004

Gimme Shelter: Does The Fair Housing Amendments Act Of 1988 Require Accommodations For The Financial Cirumstances Of The Disabled?, Brian R. Rosenau

William & Mary Law Review

No abstract provided.


Same Struggle, Different Difference: Ada Accommodations As Antidiscrimination, Michael Ashley Stein Jan 2004

Same Struggle, Different Difference: Ada Accommodations As Antidiscrimination, Michael Ashley Stein

Faculty Publications

The Americans with Disabilities Act (ADA) was heralded as an "emancipation proclamation" for people with disabilities, one that would achieve their equality primarily through its reasonable accommodation requirements. Nevertheless, both legal commentators and Supreme Court Justices assert that the ADA's employment mandates distinguish the ADA from earlier antidiscrimination measures, most notably Title VII, because providing accommodations results in something more than equality for the disabled. The Article challenges this prevalent belief by arguing that ADA-mandated accommodations are consistent with other antidiscrimination measures in that each remedies exclusion from employment opportunity by questioning the inherency of established workplace norms, and ...


Reasonable Accommodation Of Workplace Disabilities, Stewart J. Schwab, Steven L. Willborn Feb 2003

Reasonable Accommodation Of Workplace Disabilities, Stewart J. Schwab, Steven L. Willborn

William & Mary Law Review

No abstract provided.


Disaggregating Antidiscrimination And Accommodation, J. H. Verkerke Feb 2003

Disaggregating Antidiscrimination And Accommodation, J. H. Verkerke

William & Mary Law Review

No abstract provided.


Foreword: Disability And Identity, Michael Ashley Stein Feb 2003

Foreword: Disability And Identity, Michael Ashley Stein

William & Mary Law Review

No abstract provided.


Disabiling The Ada: Essences, Better Angels, And Unprincipled Neutrality Claims, Aviam Soifer Feb 2003

Disabiling The Ada: Essences, Better Angels, And Unprincipled Neutrality Claims, Aviam Soifer

William & Mary Law Review

No abstract provided.


Disability, Reciprocity, And "Real Efficiency": Unified Approach, Amy L. Wax Feb 2003

Disability, Reciprocity, And "Real Efficiency": Unified Approach, Amy L. Wax

William & Mary Law Review

No abstract provided.


Disability-Based Harrassment: Standing And Standards For A "New" Cause Of Action, Holland M. Tahvonen Feb 2003

Disability-Based Harrassment: Standing And Standards For A "New" Cause Of Action, Holland M. Tahvonen

William & Mary Law Review

No abstract provided.


Federal Power, States' Rights, Individual Rights: Mentally Disabled Prisoners And The Supreme Court's New Activism, Tom Kollas Apr 2002

Federal Power, States' Rights, Individual Rights: Mentally Disabled Prisoners And The Supreme Court's New Activism, Tom Kollas

William & Mary Bill of Rights Journal

This Note examines the situation of mentally disabled prisoners who seek to assert their rights in federal court. Neither laws affecting the disabled nor laws affecting prisoners receive heightened scrutiny by the judiciary, which, thus far, also refuses to recognize the unique burdens of those who fit both categories. Because mentally disabled prisoners do not qualify for heightened scrutiny under the Equal Protection Clause, recent developments in the federalism doctrine lead the courts to conclude that they are without jurisdiction to hear suits brought by prisoners against state penitentiaries. This Note explores the underpinnings of federalism, separation of powers, and ...


Disability Harassment In The Public Schools, Mark C. Weber Feb 2002

Disability Harassment In The Public Schools, Mark C. Weber

William & Mary Law Review

No abstract provided.


Disability, Equal Protection, And The Supreme Court: Standing At The Crossroads Of Progressive And Retrogressive Logic In Constitutional Classification, Anita Silvers, Michael Ashley Stein Oct 2001

Disability, Equal Protection, And The Supreme Court: Standing At The Crossroads Of Progressive And Retrogressive Logic In Constitutional Classification, Anita Silvers, Michael Ashley Stein

Faculty Publications

This Article compares current disability jurisprudence with the development of sex equality jurisprudence in the area of discrimination. It demonstrates that current disability law resembles the abandoned, sexist framework for determining sex equality and argues that disability equality cases should receive similar analysis as the more progressive, current sex equality standard. As such, the Article attempts to synthesize case law (l4th Amendment Equal Protection jurisprudence) and statutory law (Title VII and the ADA) into a comprehensive overview of the state of current disability law viewed within the context of discrimination law in general.


Labor Markets, Rationality, And Workers With Disabilities, Michael Ashley Stein Jul 2000

Labor Markets, Rationality, And Workers With Disabilities, Michael Ashley Stein

Faculty Publications

No abstract provided.


Disability Discrimination By State And Local Government: The Relationship Between Section 504 Of The Rehabilitation Act And Title Ii Of The Americans With Disabilities Act, Mark C. Weber Mar 1995

Disability Discrimination By State And Local Government: The Relationship Between Section 504 Of The Rehabilitation Act And Title Ii Of The Americans With Disabilities Act, Mark C. Weber

William & Mary Law Review

No abstract provided.