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Disability Law Commons

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Articles 1 - 17 of 17

Full-Text Articles in Disability Law

Symposium Current Issues In Disability Rights Law, Samuel J. Levine May 2019

Symposium Current Issues In Disability Rights Law, Samuel J. Levine

Samuel J. Levine

No abstract provided.


The Future Of Disability Rights Protections For Transgender People, Kevin M. Barry, Jennifer L. Levi Jan 2019

The Future Of Disability Rights Protections For Transgender People, Kevin M. Barry, Jennifer L. Levi

Touro Law Review

No abstract provided.


Symposium Current Issues In Disability Rights Law, Samuel J. Levine Jan 2019

Symposium Current Issues In Disability Rights Law, Samuel J. Levine

Touro Law Review

No abstract provided.


Endrew F.’S Journey To A Free Appropriate Public Education: What Can We Learn From Love?, Randy Lee Jan 2019

Endrew F.’S Journey To A Free Appropriate Public Education: What Can We Learn From Love?, Randy Lee

Touro Law Review

No abstract provided.


Free Appropriate Public Education After Endrew F. V. Douglas County School District (2017), Terrye Conroy, Mitchell L. Yell Jan 2019

Free Appropriate Public Education After Endrew F. V. Douglas County School District (2017), Terrye Conroy, Mitchell L. Yell

Touro Law Review

No abstract provided.


Canines In The Classroom Redux: Applying The Ada Or The Idea To Determine Whether A Student Should Be Allowed To Be Accompanied By A Service Animal At A Primary Or Secondary Educational Institution, Rebecca J. Huss Jan 2019

Canines In The Classroom Redux: Applying The Ada Or The Idea To Determine Whether A Student Should Be Allowed To Be Accompanied By A Service Animal At A Primary Or Secondary Educational Institution, Rebecca J. Huss

Touro Law Review

No abstract provided.


Endrew F. V. Douglas County School District: The Supreme Court’S Elusive Attempt To Close The Gap Between Some Educational Benefit And Meaningful Educational Benefit, Alyssa Iuliano Jan 2019

Endrew F. V. Douglas County School District: The Supreme Court’S Elusive Attempt To Close The Gap Between Some Educational Benefit And Meaningful Educational Benefit, Alyssa Iuliano

Touro Law Review

No abstract provided.


Mixed Signals: What Can We Expect From The Supreme Court In This Post-Ada Amendments Act Era?, Nicole Buonocore Porter Jan 2019

Mixed Signals: What Can We Expect From The Supreme Court In This Post-Ada Amendments Act Era?, Nicole Buonocore Porter

Touro Law Review

No abstract provided.


Shelby, Race, And Disability Rights, Ravi Malhotra Apr 2015

Shelby, Race, And Disability Rights, Ravi Malhotra

Journal of Race, Gender, and Ethnicity

No abstract provided.


Discrimination Cases In The Supreme Court’S 1998 Term, Eileen Kaufman Nov 2013

Discrimination Cases In The Supreme Court’S 1998 Term, Eileen Kaufman

Eileen Kaufman

In the Supreme Court's 1997 Term, the Supreme Court had decided a record number of statutory discrimination cases. However, that record was exceeded in the Supreme Court's 1998 Term with the Court addressing issues arising under Title VII, which covers discrimination in employment; Title IX, which covers discrimination in schools; and most significantly, the Americans with Disabilities Act, which prohibits discrimination based on disability. Overall, the term scored significant victories for employers who were given considerable latitude to set their own physical characteristic standards and who were, to a large extent, immunized from liability for punitive damages. There ...


Medicating The Ada - Sutton V. United Airlines, Inc.: Considering Mitigating Measures To Define Disability, Ian D. Thompson Jul 2012

Medicating The Ada - Sutton V. United Airlines, Inc.: Considering Mitigating Measures To Define Disability, Ian D. Thompson

Pepperdine Law Review

No abstract provided.


The Ada Amendments Act Of 2008, Chai R. Feldblum, Kevin Barry, Emily A. Benfer Jan 2008

The Ada Amendments Act Of 2008, Chai R. Feldblum, Kevin Barry, Emily A. Benfer

Georgetown Law Faculty Publications and Other Works

The goal of the Americans with Disabilities Act (ADA) was to create a civil rights law protecting people with disabilities from discrimination on the basis of their disabilities. Disability rights advocates in 1990 were victorious in their efforts to open doors for people with disabilities and to change the country's outlook and acceptance of people with disabilities. These advocates believed that the terms of the ADA, based as they were on Section 504 of the Rehabilitation Act, combined with the legislative history of the ADA, would provide clear instructions to the courts that the ADA was intended to provide ...


Mental Health Courts And Title Ii Of The Ada: Accessibility To State Court Systems For Individuals With Mental Disabilities And The Need For Diversion, S. Elizabeth Malloy Jan 2006

Mental Health Courts And Title Ii Of The Ada: Accessibility To State Court Systems For Individuals With Mental Disabilities And The Need For Diversion, S. Elizabeth Malloy

Faculty Articles and Other Publications

Access to the judicial system, a fundamental right that has paramount importance in our society, can often present obstacles to people with disabilities in a variety of significant ways. Yet Title II mandates that state and local judicial facilities be accessible to individuals with disabilities. Recent shifts in paradigmatic approaches to special populations such as drug offenders and offenders with mental disabilities have lead to the creation of mental health courts specifically designed to address the needs of the persons with mental disabilities in order to avoid incarceration. Early outcomes in states like Ohio suggest mental health courts may better ...


Interpreting The Ada And Civil Rights Law: Five Supreme Court Rulings, David Sherwyn, Zev J. Eigen, Adam A. Klausner Feb 2000

Interpreting The Ada And Civil Rights Law: Five Supreme Court Rulings, David Sherwyn, Zev J. Eigen, Adam A. Klausner

Articles and Chapters

Although one could say that employers found some clarification in human-resources law in 1999, certain complications still remain.


Discrimination Cases In The Supreme Court’S 1998 Term, Eileen Kaufman Jan 2000

Discrimination Cases In The Supreme Court’S 1998 Term, Eileen Kaufman

Scholarly Works

In the Supreme Court's 1997 Term, the Supreme Court had decided a record number of statutory discrimination cases. However, that record was exceeded in the Supreme Court's 1998 Term with the Court addressing issues arising under Title VII, which covers discrimination in employment; Title IX, which covers discrimination in schools; and most significantly, the Americans with Disabilities Act, which prohibits discrimination based on disability. Overall, the term scored significant victories for employers who were given considerable latitude to set their own physical characteristic standards and who were, to a large extent, immunized from liability for punitive damages. There ...


Whose Federalism, S. Elizabeth Malloy Jan 1998

Whose Federalism, S. Elizabeth Malloy

Faculty Articles and Other Publications

This Article examines briefly the Seminole Tribe and City of Boerne decisions. Part II then focuses on the ADA and the reasons why Congress made it applicable to government conduct as well as private conduct. Finally, Part III examines the argument, based on the new federalism, that the ADA should not apply to state entities. It does not appear that the Court's new federalism has had a liberty-enhancing effect for some of the most vulnerable persons in our society. The Court's revitalized federalism jurisprudence has led to questions about the continuing validity of many of our civil rights ...


The Supreme Court, The Mentally Disabled Criminal Defendant, Psychiatric Testimony In Death Penalty Cases, And The Power Of Symbolism: Dulling The Ake In Barefoot’S Achilles Heel, Michael L. Perlin Jan 1985

The Supreme Court, The Mentally Disabled Criminal Defendant, Psychiatric Testimony In Death Penalty Cases, And The Power Of Symbolism: Dulling The Ake In Barefoot’S Achilles Heel, Michael L. Perlin

Articles & Chapters

No abstract provided.