Disability Law Commons

Open Access. Powered by Scholars. Published by Universities.

38 Institutions 440 Full-Text Articles 399 Authors 138,082 Downloads

Recent Articles in Disability Law

Supporting Employment First: Assisting States In Achieving Improved Employment Outcomes For Individuals With Intellectual Disabilities, Cindy Thomas, Institute for Community Inclusion, University of Massachusetts Boston University of Massachusetts Boston

Supporting Employment First: Assisting States In Achieving Improved Employment Outcomes For Individuals With Intellectual Disabilities, Cindy Thomas, Institute For Community Inclusion, University Of Massachusetts Boston

Office of Community Partnerships Posters

A membership network of 29 states, the State Employment Leadership Network is a community of practice where members meet to connect, collaborate, and share information and lessons learned across state lines and system boundaries. Participating state agency officials build cross-community support for pressing employment-related issues and policies at state and federal levels. States commit to work together and engage in a series of activities to analyze key elements in their systems to improve the integrated employment outcomes for their citizens with intellectual and developmental disabilities.


Application Of The Insanity Defense To Postpartum Disorder-Driven Infanticide In The United States: A Look Toward The Enactment Of An Infanticide Act, April J. Walker University of Maryland Francis King Carey School of Law

Application Of The Insanity Defense To Postpartum Disorder-Driven Infanticide In The United States: A Look Toward The Enactment Of An Infanticide Act, April J. Walker

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Access To The Courts: A Blueprint For Successful Litigation Under The Americans With Disabilities Act And The Rehabilitation Act, Marc Charmatz, Antoinette McRae University of Maryland Francis King Carey School of Law

Access To The Courts: A Blueprint For Successful Litigation Under The Americans With Disabilities Act And The Rehabilitation Act, Marc Charmatz, Antoinette Mcrae

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Gilbert Redux: The Interaction Of The Pregnancy Discrimination Act And The Amended Americans With Disabilities Act, Deborah Widiss Maurer School of Law: Indiana University

Gilbert Redux: The Interaction Of The Pregnancy Discrimination Act And The Amended Americans With Disabilities Act, Deborah Widiss

Faculty Publications

Pregnancy — a health condition that only affects women — raises complicated questions regarding the interaction of employment policies addressing sex discrimination and those addressing disability. The Pregnancy Discrimination Act (PDA), enacted in 1978, mandates that employers “shall” treat pregnant employees “the same for all employment-related purposes” as other employees “similar in their ability or inability to work.” Despite the clarity of this language, some courts permit employers to treat pregnant employees less favorably than employees with other health conditions, so long as the employer does so pursuant to a “pregnancy-blind” policy such as accommodating only workplace injuries or disabilities protected under ...


Suspension Of Social Security Benefits To Incarcerated Felons, David Z. Nisnewitz Pepperdine University

Suspension Of Social Security Benefits To Incarcerated Felons, David Z. Nisnewitz

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


The Disabled And Work: Some Problems Raised And Highlighted By The Americans With Disabilities Act Of 1990, Peter M. Panken Pepperdine University

The Disabled And Work: Some Problems Raised And Highlighted By The Americans With Disabilities Act Of 1990, Peter M. Panken

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Americans With Disabilities Act Of 1990, Robert B. Fitzpatrick Pepperdine University

Americans With Disabilities Act Of 1990, Robert B. Fitzpatrick

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Practical Tips For Employers For Compliance With The Ada , Patrick L. Clancy Pepperdine University

Practical Tips For Employers For Compliance With The Ada , Patrick L. Clancy

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


The Evolution And Role Of The Administrative Law Judge At The Office Of Hearings And Appeals In The Social Security Administration, Charles N. Bono Pepperdine University

The Evolution And Role Of The Administrative Law Judge At The Office Of Hearings And Appeals In The Social Security Administration, Charles N. Bono

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Note: Flatford V. Chater: No Absolute Due Process Right To Subpoena A Physician Providing Post-Hearing Evidence At A Social Security Disability Hearing, James L. Hoyle Pepperdine University

Note: Flatford V. Chater: No Absolute Due Process Right To Subpoena A Physician Providing Post-Hearing Evidence At A Social Security Disability Hearing, James L. Hoyle

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Note: Bush V. Shalala And Pratts V. Chater: Social Security Disability Ping Pong And Contrasting Approaches In The Second Circuit: The Central Role Of An Active Alj, Jorge J. Vera Jr. Pepperdine University

Note: Bush V. Shalala And Pratts V. Chater: Social Security Disability Ping Pong And Contrasting Approaches In The Second Circuit: The Central Role Of An Active Alj, Jorge J. Vera Jr.

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Beyond The Threshold: Wincing At Social Security's Process Of Evaluating Pain , David J. Agatstein Pepperdine University

Beyond The Threshold: Wincing At Social Security's Process Of Evaluating Pain , David J. Agatstein

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Alcoholism As A Disability Under The Social Security Act - An Analysis Of The History, And Proposals For Change, Joyce Krutick Barlow Pepperdine University

Alcoholism As A Disability Under The Social Security Act - An Analysis Of The History, And Proposals For Change, Joyce Krutick Barlow

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Vocational Testimony In Social Security Hearings, Daniel F. Solomon Pepperdine University

Vocational Testimony In Social Security Hearings, Daniel F. Solomon

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


A Reflection On The Future Of Administrative Adjudication As Seen From An Examination Of The Status Of Social Security Disability Adjudications, DeLois Toins Leapheart Pepperdine University

A Reflection On The Future Of Administrative Adjudication As Seen From An Examination Of The Status Of Social Security Disability Adjudications, Delois Toins Leapheart

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Book Reviews, David J. Agatstein Pepperdine University

Book Reviews, David J. Agatstein

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


The Right To Cross-Examine Physicians In Social Security Disability Cases, Victor G. Rosenblum Pepperdine University

The Right To Cross-Examine Physicians In Social Security Disability Cases, Victor G. Rosenblum

Journal of the National Association of Administrative Law Judiciary

This Article examines the alternative readings and rationales of Richardson v. Perales regarding the cross-examination of reporting physicians in social security disability claim hearings. First, Part II compares the Sixth and Second Circuit's interpretation of the Perales rule, which supports the SSA's regulation and interpretation, to the Fifth Circuit's interpretation, which explicitly proclaims cross-examination, once duly requested, to be an absolute right. Part III questions whether the Perales Court's declaration that the SSA is “an [impartial] adjudicator and not . . . an advocate or adversary” remains empirically valid. Part IV discusses the SSA's recent assertions of management ...


A Specialized Court For Social Security? A Critique Of Recent Proposals, Robert E. Rains Pepperdine University

A Specialized Court For Social Security? A Critique Of Recent Proposals, Robert E. Rains

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Aids, Employment And The Law, American Bar Association; AIDS Coordinating Committee Pepperdine University

Aids, Employment And The Law, American Bar Association; Aids Coordinating Committee

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Legal Implications Of Substance Abuse Testing In The Workplace, Michael S. Cecere, Phillip B. Rosen Pepperdine University