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Articles 31 - 60 of 1551

Full-Text Articles in Disability Law

Ask A Director Making The Library More Accessable, Lorelle Anderson Jan 2019

Ask A Director Making The Library More Accessable, Lorelle Anderson

Library Faculty Publications

No abstract provided.


Endrew F. Clairvoyance, Mark Weber Jan 2019

Endrew F. Clairvoyance, Mark Weber

College of Law Faculty

The Second Circuit Court of Appeals has declared that “Prior decisions of this Court are consistent with the Supreme Court’s decision in Endrew F.,” the 2017 Supreme Court decision interpreting the Individuals with Disabilities Education Act obligation to furnish students with disabilities free, appropriate public education. This Essay considers whether that statement is accurate, and concludes that while some of the past Second Circuit decisions fit comfortably with Endrew F. ex rel. Joseph F. v. Douglas County School District RE-1, others do not. The Essay submits that the court of appeals should confess a lack of clairvoyance in its ...


Law In The Time Of Zika: Disability Rights And Reproductive Justice Collide, Seema Mohapatra Jan 2019

Law In The Time Of Zika: Disability Rights And Reproductive Justice Collide, Seema Mohapatra

Brooklyn Law Review

This article focuses on finding common ground between those seeking to ensure abortion access and those advocating for disability rights, using the reaction to the Zika virus as a case study. Although the symptoms of Zika in women were often mild, the correlation of Zika infection in pregnant women to microcephaly affecting their newborns led to travel advisories and alarm bells for pregnant women in areas where the Zika virus was prevalent. Although the rise of microcephaly and its connection to Zika was a cause for concern and investigation, the condition itself is not a death sentence, as headlines suggested ...


Revisiting Ashley X: An Essay On Disabled Bodily Integrity, Sexuality, Dignity, And Family Caregiving, Julia Epstein, Stephen A. Rosenbaum Jan 2019

Revisiting Ashley X: An Essay On Disabled Bodily Integrity, Sexuality, Dignity, And Family Caregiving, Julia Epstein, Stephen A. Rosenbaum

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.


Advocating For Children With Disabilities In Child Protection Cases, Joshua B. Kay Jan 2019

Advocating For Children With Disabilities In Child Protection Cases, Joshua B. Kay

Touro Law Review

No abstract provided.


I’Ll See You In Court, But Not Pursuant To Dasa, Adam I. Kleinberg, Alex Eleftherakis Jan 2019

I’Ll See You In Court, But Not Pursuant To Dasa, Adam I. Kleinberg, Alex Eleftherakis

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.


“Some Things Are Too Hot To Touch”: Competency, The Right To Sexual Autonomy, And The Roles Of Lawyers And Expert Witnesses, Michael L. Perlin, Alison J. Lynch, Valerie R. Mcclain Jan 2019

“Some Things Are Too Hot To Touch”: Competency, The Right To Sexual Autonomy, And The Roles Of Lawyers And Expert Witnesses, Michael L. Perlin, Alison J. Lynch, Valerie R. Mcclain

Touro Law Review

No abstract provided.


What’S The Craic? Health Care For Deaf People In Northern Ireland, Michael A. Schwartz Jan 2019

What’S The Craic? Health Care For Deaf People In Northern Ireland, Michael A. Schwartz

Touro Law Review

No abstract provided.


Endrew F. Clairvoyance, Mark C. Weber Jan 2019

Endrew F. Clairvoyance, Mark C. Weber

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.


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.


Let’S Try Again: Why The United States Should Ratify The United Nations Convention On The Rights Of People With Disabilities, Arlene S. Kanter Jan 2019

Let’S Try Again: Why The United States Should Ratify The United Nations Convention On The Rights Of People With Disabilities, Arlene S. Kanter

Touro Law Review

No abstract provided.


Battling Implicit Bias In The Idea To Advocate For African American Students With Disabilities, Dustin Rynders Jan 2019

Battling Implicit Bias In The Idea To Advocate For African American Students With Disabilities, Dustin Rynders

Touro Law Review

No abstract provided.


Why America Is Better Off Because Of The Americans With Disabilities Act And The Individuals With Disabilities Education Act, Peter Blanck Jan 2019

Why America Is Better Off Because Of The Americans With Disabilities Act And The Individuals With Disabilities Education Act, Peter Blanck

Touro Law Review

No abstract provided.


The Least Restrictive Environment For Providing Education, Treatment, And Community Services For Persons With Disabilities: Rethinking The Concept, Donald H. Stone Jan 2019

The Least Restrictive Environment For Providing Education, Treatment, And Community Services For Persons With Disabilities: Rethinking The Concept, Donald H. Stone

Touro Law Review

No abstract provided.


Would The Ada Pass Today?: Disability Rights In An Age Of Partisan Polarization, Laura Rothstein Jan 2019

Would The Ada Pass Today?: Disability Rights In An Age Of Partisan Polarization, Laura Rothstein

Brandeis School of Law Faculty Scholarship

The Americans with Disabilities Act of 1990 (ADA) was the most significant civil rights legislation enacted since the Civil Rights Act of 1964. It provided comprehensive protection against discrimination for individuals with disabilities in employment, public accommodations, and public services. It built on § 504 of the Rehabilitation Act that provided these protections only to programs receiving federal financial assistance. It afforded broad access to those individuals who had benefitted from the 1975 Individuals with Disabilities Education Act. This complex and far-reaching legislation was made possible by a confluence of timing and the right people at the right place at the ...


Some Things Are Too Hot To Touch: Competency, The Right To Sexual Autonomy, And The Roles Of Lawyers And Expert Witnesses, Michael L. Perlin, Alison Lynch, Valerie R. Mcclain Jan 2019

Some Things Are Too Hot To Touch: Competency, The Right To Sexual Autonomy, And The Roles Of Lawyers And Expert Witnesses, Michael L. Perlin, Alison Lynch, Valerie R. Mcclain

Articles & Chapters

No abstract provided.


Every Student Succeeds Act: Are Schools Making Sure Every Student Succeeds?, Laura Adler-Greene Jan 2019

Every Student Succeeds Act: Are Schools Making Sure Every Student Succeeds?, Laura Adler-Greene

Touro Law Review

No abstract provided.


The Application Of Title Ii Of The Americans With Disabilities Act To Employment Discrimination: Why The Circuits Have Gotten It Wrong, William Brooks Jan 2019

The Application Of Title Ii Of The Americans With Disabilities Act To Employment Discrimination: Why The Circuits Have Gotten It Wrong, William Brooks

Touro Law Review

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.


Preschool And Lead Exposed Kids: The Idea Just Isn’T Good Enough, Karen Syma Czapanskiy Jan 2019

Preschool And Lead Exposed Kids: The Idea Just Isn’T Good Enough, Karen Syma Czapanskiy

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.


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.


Canines At The Company, Felines At The Factory: The Risks And Rewards Of Incorporating Service Animals And Companion Animals Into The Workplace, Rebecca J. Huss Jan 2019

Canines At The Company, Felines At The Factory: The Risks And Rewards Of Incorporating Service Animals And Companion Animals Into The Workplace, Rebecca J. Huss

Dickinson Law Review

With unemployment rates at historically low levels, the ability of an employer to attract and retain productive employees is key to a company’s success. Simultaneously, the percentage of persons in the United States with disabilities is increasing. Additionally, many persons without disabilities consider allowing companion animals at work a valuable employee benefit. This Article focuses on the legal and workplace implications of incorporating service animals and companion animals at work.

This Article begins by analyzing when an employer must accommodate a request by an employee with a disability to be accompanied by a service animal at work under the ...


Supporting Employment Consultants In Their Work With Job Seekers. A Longitudinal Study, Alberto Migliore, John Butterworth, Oliver Lyons, Kelly Nye-Lengerman, Paul Foos, Thinkwork! At The Institute For Community Inclusion At Umass Boston Dec 2018

Supporting Employment Consultants In Their Work With Job Seekers. A Longitudinal Study, Alberto Migliore, John Butterworth, Oliver Lyons, Kelly Nye-Lengerman, Paul Foos, Thinkwork! At The Institute For Community Inclusion At Umass Boston

ThinkWork! Publications

BACKGROUND: A key step for increasing the employment outcomes of job seekers with disabilities includes ensuring that employment consultants who assist them have the tools to succeed, including feedback about how they are performing. OBJECTIVE: Supporting employment consultants in their work with job seekers by providing feedback about the implementation of the support strategies recommended in the literature. METHODS: Sixty-one employment consultants completed a daily survey for one year, on their smartphones. RESULTS: Providing supports that lead to hire represented 30% of the employment consultants’ work time. When providing supports that lead to hire, most of the primary interactions were ...


Why Retirement Systems Should Consider Vocational Review, Jody Simpson Nov 2018

Why Retirement Systems Should Consider Vocational Review, Jody Simpson

Commonwealth Medicine Publications

Whether the task is determining if a disability retirement applicant is prevented from performing their past public employment or whether they are able to adjust to other substantial work, administering disability benefit claims is a complex process that requires a sophisticated skill-set to ensure accurate and objective determinations. A critical component of that process is a comprehensive vocational assessment that determines a disability applicants vocational skills and abilities before a final recommendation is rendered.

Discover the value of vocational review and why it can be a critical part of the decision-making process.


Is That Appropriate?: Clarifying The Idea's Free Appropriate Public Education Standard Post-Endrew F., Josh Cowin Nov 2018

Is That Appropriate?: Clarifying The Idea's Free Appropriate Public Education Standard Post-Endrew F., Josh Cowin

Northwestern University Law Review

The Individuals with Disabilities Education Act (IDEA) requires schools to provide all students who qualify for special education services with a free appropriate public education (FAPE). However, the IDEA does not specify how much substantive educational benefit students must be afforded in order to receive a FAPE, leaving this question for the courts. For over thirty years, courts split over the amount of educational benefit that school districts must provide to their special education students, leading to significant confusion and anxiety among parents and school officials regarding their legal rights. The Supreme Court sought to clarify this standard in Endrew ...


"Wrongful Birth" Claims And The Paradox Of Parenting A Child With A Disability, Sofia Yakren Nov 2018

"Wrongful Birth" Claims And The Paradox Of Parenting A Child With A Disability, Sofia Yakren

Fordham Law Review

“Wrongful birth” is a controversial medical malpractice claim raised by the mother of a child born with a disability against a medical professional whose failure to provide adequate prenatal information denied her the chance to abort. Plaintiff-mothers are required to testify that, but for the defendant’s negligence, they would have terminated their pregnancy. Accordingly, alongside pro-life activists, disability rights advocates have opposed “wrongful birth” claims for stigmatizing and discriminating against people with disabilities by framing their very existence as a harm. Despite plaintiff-mothers’ need for caretaking resources, scholars have recommended solutions ranging from the wholesale elimination of the wrongful ...