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Articles 1 - 4 of 4
Full-Text Articles in Labor and Employment Law
Disability Rights And Labor: Is This Conflict Really Necessary?, Samuel R. Bagenstos
Disability Rights And Labor: Is This Conflict Really Necessary?, Samuel R. Bagenstos
Articles
In this Essay, I hope to do two things: First, I try to put the current labor-disability controversy into that broader context. Second, and perhaps more important, I take a position on how disability rights advocates should approach both the current controversy and labor-disability tensions more broadly. As to the narrow dispute over wage-and-hour protections for personal-assistance workers, I argue both that those workers have a compelling normative claim to full FLSA protection—a claim that disability rights advocates should recognize—and that supporting the claim of those workers is pragmatically in the best interests of the disability rights movement. As to …
The Disability Cliff, Samuel R. Bagenstos
The Disability Cliff, Samuel R. Bagenstos
Articles
We’re pretty good about caring for our disabled citizens—as long as they’re children. It’s time to put equal thought into their adulthoods.
Defining "Disability": The Approach To Follow, Theodore J. St. Antoine
Defining "Disability": The Approach To Follow, Theodore J. St. Antoine
Articles
The definition of "disability" has once again become a central issue in workers' compensation law. I am partly responsible. A decade ago I served as the Governor's Special Counselor on Workers' Compensation. In my Reportto the Cabinet Council on Jobs and Economic Development, I stated: "If I could write on a clean slate, I would prefer to see the Michigan definition brought even closer into the mainstream of American law by declaring that 'disability' means a 'limitation of an employee's wage earning capacity in work suitable to his or her qualifications and training resulting from a personal injury or work …
The Right To An Adequate Income And Employment: A Reply To Professor Bernstein, David L. Chambers
The Right To An Adequate Income And Employment: A Reply To Professor Bernstein, David L. Chambers
Book Chapters
Bernsteins's Paper advances no constitutional arguments for requiring the government to ensure economic security for retarded citizens. His omission is justified not merely by the alternative focus he has chosen, but also by the absence of any sound or vendible constitutional arguments to advance. There remain, however, important roles for attorneys.