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All Articles in Disability Law

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Would The Implementation Of The Un Crpd Help The Disabilities Enjoy Fair Human Rights In The Us?, Ashley H. Song Ms. 2015 University of Pennsylvania

Would The Implementation Of The Un Crpd Help The Disabilities Enjoy Fair Human Rights In The Us?, Ashley H. Song Ms.

Hyein Ashley Song Ms.

Modern discrimination is implicit. The paper finds out the implicit discrimination which comes from the mindset. So called, the ‘cognitive discrimination’ excludes the explicit discrimination prohibited by the legal language of the anti-discrimination law in the US. The United Nations Convention on the Rights of Persons with Disabilities (CRPD) Article 12 states the fair recognition of disabilities. The paper tests if the UN CRPD can extend its meaning of fair recognition to reduce the hidden prejudice.


The Accommodation Of Last Resort: The Americans With Disabilities Act And Reassignments, Michael Creta 2014 Boston College Law School

The Accommodation Of Last Resort: The Americans With Disabilities Act And Reassignments, Michael Creta

Boston College Law Review

In 1990, Congress enacted the Americans with Disabilities Act (“ADA”) to eliminate widespread discrimination against disabled persons. The Act requires private employers to provide reasonable accommodations to disabled employees to allow them to continue performing essential job functions. One accommodation in particular has divided the U.S. Circuit Courts of Appeals: reassigning disabled employees to vacant positions. Due to a current circuit split, it is unclear if employers must reassign disabled employees despite maintaining policies of choosing the best-qualified employees for reassignment. This Note argues that both the text of the ADA and the ADA’s legislative history support automatic ...


Light, Smoke, And Fire: How State Law Can Provide Medical Marijuana Users Protection From Workplace Discrimination, Elizabeth Rodd 2014 Boston College Law School

Light, Smoke, And Fire: How State Law Can Provide Medical Marijuana Users Protection From Workplace Discrimination, Elizabeth Rodd

Boston College Law Review

Currently, twenty-three states and the District of Columbia have enacted legislation providing an affirmative defense to prosecution under state law for medical marijuana use by qualified patients. Despite growing public and legislative support for the legalization of medical marijuana, marijuana use—both recreational and medicinal—remains illegal under the federal Controlled Substances Act. Given the inconsistency between state and federal law concerning the legality of medicinal marijuana, there is significant uncertainty regarding the rights of employees to enjoy their new medical marijuana privileges. To date, courts have refused to grant protections to employees who have suffered adverse employment action for ...


Removing Arbitrary Handicaps: Protecting The Right To Education In Horváth And Kiss V. Hungary, Kerime Sule Akoglu 2014 Boston College Law School

Removing Arbitrary Handicaps: Protecting The Right To Education In Horváth And Kiss V. Hungary, Kerime Sule Akoglu

Boston College International and Comparative Law Review

On January 29, 2013, in Horváth and Kiss v. Hungary, the European Court of Human Rights held that educational testing in Hungary violated the European Convention on Human Rights. The court found that the tests used in Hungary had a disproportionate effect on the Roma population and that the state has a positive obligation to remedy such practices. This Comment argues that the imposition of positive obligations on states to provide safeguards for disadvantaged groups, like the Roma, is an effective method to correct a troubled history of racial segregation in public schools. This Comment also argues that without such ...


Mitigating The Impact Of Title Vii's New Retaliation Standard: The Americans With Disabilities Act After University Of Texas Southwestern Medical Center V. Nassar, August T. Johannsen 2014 College of William & Mary Law School

Mitigating The Impact Of Title Vii's New Retaliation Standard: The Americans With Disabilities Act After University Of Texas Southwestern Medical Center V. Nassar, August T. Johannsen

William & Mary Law Review

No abstract provided.


Exception Perception: The Third Circuit's Strict View Of The Exceptions To The Statute Of Limitations Under The Individuals With Disabilities Education Act, Samantha Peruto 2014 Villanova University School of Law

Exception Perception: The Third Circuit's Strict View Of The Exceptions To The Statute Of Limitations Under The Individuals With Disabilities Education Act, Samantha Peruto

Villanova Law Review

No abstract provided.


Guarding The Golden Years: How Public Guardianship For Elders Can Help States Meet The Mandates Of Olmstead, Eleanor B. Cashmore 2014 Boston College Law School

Guarding The Golden Years: How Public Guardianship For Elders Can Help States Meet The Mandates Of Olmstead, Eleanor B. Cashmore

Boston College Law Review

The aging American population will quickly lead to a greater demand for long-term care and services for people who are unable to care for themselves. Some older adults may require other individuals to make informed decisions on their behalf. State guardianship programs must confront the tension of providing protections for people who are incapacitated while respecting their autonomy, particularly when making decisions involving a person’s residence. When elderly adults wish to stay in their communities and are capable of doing so, a lack of proper support may be a violation of the Americans with Disabilities Act of 1990 (“ADA ...


Equality And The European Union, Elizabeth F. Defeis 2014 University of Georgia School of Law

Equality And The European Union, Elizabeth F. Defeis

Georgia Journal of International & Comparative Law

No abstract provided.


Evading Promises: The Promise Of Equality Under U.S. Disability Law And How The United Nations Convention On The Rights Of Persons With Disabilities Can Help, Rachel H. Hinckley 2014 University of Georgia School of Law

Evading Promises: The Promise Of Equality Under U.S. Disability Law And How The United Nations Convention On The Rights Of Persons With Disabilities Can Help, Rachel H. Hinckley

Georgia Journal of International & Comparative Law

No abstract provided.


Subminimum Or Subpar? A Note In Favor Of Repealing The Fair Labor Standards Act's Subminimum Wage Program, Melia Preedy 2014 Seattle University School of Law

Subminimum Or Subpar? A Note In Favor Of Repealing The Fair Labor Standards Act's Subminimum Wage Program, Melia Preedy

Seattle University Law Review

This Note argues for the repeal of Section 14(c) of the Fair Labor Standards Act (FLSA), which continues to perpetuate a system allowing employers to pay less than minimum, or “subminimum,” wage to certain employees with disabilities. The Section 14(c) program is a relic of policy leftover from the 1930s and does not help the disabled community, but rather rests on the presumption that persons with disabilities never progress. In light of recent House Resolution 3086, Congress went against the current trend of encouraging maximum independence and equal opportunities for persons with disabilities and instead upheld the subminimum ...


The Trouble With Protecting The Vulnerable: Proposals To Prevent Developmentally Disabled Individuals From Giving Involuntary Waivers And False Confessions, Patricia Devoy 2014 Hamline University

The Trouble With Protecting The Vulnerable: Proposals To Prevent Developmentally Disabled Individuals From Giving Involuntary Waivers And False Confessions, Patricia Devoy

Hamline Law Review

abstract


Fixing Disability Courts, D. Randall Frye 2014 Pepperdine University

Fixing Disability Courts, D. Randall Frye

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


California Year In Review: 2013 Special Education Alj Decisions, Ruth Colker 2014 Pepperdine University

California Year In Review: 2013 Special Education Alj Decisions, Ruth Colker

Journal of the National Association of Administrative Law Judiciary

This article reviews 74 special education cases decided by California ALJs between January 1, 2013 and December 11, 2013. The author concludes that the ALJs provided stingy relief even when students prevailed, there was often unsuccessful litigation on behalf of a student following the termination of a consent decree or court order, many of the cases reflected negative attitudes towards the mothers of the student, and school districts often preferred more restrictive placements than the parent/student. Not surprisingly, students faced very unfavorable outcomes when they were not represented by a lawyer.


Florida's Legislation Mandating Suspicionless Drug Testing Of Tanf Beneficiaries: The Constitutionality And Efficacy Of Implementing Drug Testing Requirements On The Welfare Population, Lindsey Lyle 2014 University of Tennessee, Knoxville

Florida's Legislation Mandating Suspicionless Drug Testing Of Tanf Beneficiaries: The Constitutionality And Efficacy Of Implementing Drug Testing Requirements On The Welfare Population, Lindsey Lyle

Tennessee Journal of Law & Policy

Luis Lebron is a thirty-five year old who balances his duties as sole caretaker of his four year-old son with pursuing a degree at the University of Central Florida.' To help support himself and his child while in school, Lebron applied to the Florida Department of Children and Families for Temporary Assistance for Needy Families (TANF) benefits in July 2011. However, Lebron refused to take the drug test" required by a recently passed Florida statute, requiring prospective TANF beneficiaries to undergo drug testing prior to receiving benefits. Lebron insists that he has never used illegal drugs, but refuses to take ...


Statutory Prohibitions On Wrongful Birth Claims & Their Dangerous Effects On Parents, Cailin Harris 2014 Boston College Law School

Statutory Prohibitions On Wrongful Birth Claims & Their Dangerous Effects On Parents, Cailin Harris

Boston College Journal of Law & Social Justice

Wrongful birth claims are negligence actions brought on behalf of children born with disabilities or genetic disorders that were not properly diagnosed before the child’s birth. The plaintiffs, typically the parents of the afflicted child, argue that without the defendant’s negligence, the parents would have had the opportunity to prevent the child’s birth and subsequent condition by choosing to terminate the pregnancy. A number of states have responded to the growing prevalence of wrongful birth claims by enacting legislation that bars plaintiffs from bringing wrongful birth actions. These statutes, however, pose a threat to the parental rights ...


Left Behind With No “Idea”: Children With Disabilities Without Means, Alex J. Hurder 2014 Boston College Law School

Left Behind With No “Idea”: Children With Disabilities Without Means, Alex J. Hurder

Boston College Journal of Law & Social Justice

This Article examines the changes to the Individuals with Disabilities Education Act (“IDEA”), which were intended to reconcile the Act with the No Child Left Behind Act of 2001, and the effect those changes have had on the education of children with disabilities. The Article highlights the important role that parents were given in the original IDEA and the procedures set up to protect that role. It then looks at the manner in which the 2004 amendments to the law and certain U.S. Supreme Court cases have undermined the ability of parents to influence the individualized education plan for ...


Summary Of Anderson V. State, Emp’T Sec. Div., 130 Nev. Adv. Op. 32, Ryan Becklean 2014 University of Nevada, Las Vegas -- William S. Boyd School of Law

Summary Of Anderson V. State, Emp’T Sec. Div., 130 Nev. Adv. Op. 32, Ryan Becklean

Nevada Supreme Court Summaries

The Court interpreted the meaning of the phrase “within 3 years after the initial period of disability begins” within NRS 612.344 for a worker with a recurring or degenerative condition.


Brief Of Amici Curiae Food Allergy Research & Education, & Council Of Parent Attorneys And Advocates In Support Of Plaintiff-Appellants And Urging Reversal, T.F., A Minor By His Parents And D.F. And T.S.F., On Their Own Behalf V. Fox Chapel Area School District, Marc Charmatz, Caroline Jackson 2014 University of Maryland Francis King Carey School of Law

Brief Of Amici Curiae Food Allergy Research & Education, & Council Of Parent Attorneys And Advocates In Support Of Plaintiff-Appellants And Urging Reversal, T.F., A Minor By His Parents And D.F. And T.S.F., On Their Own Behalf V. Fox Chapel Area School District, Marc Charmatz, Caroline Jackson

Court Briefs

No abstract provided.


Physical Ability Testing: A Review Of Court Cases 1992-2014, Joseph Westlin 2014 Western Kentucky University

Physical Ability Testing: A Review Of Court Cases 1992-2014, Joseph Westlin

Masters Theses & Specialist Projects

Selecting employees for hire and promotion is one of the most essential functions of an organization. Many companies that have positions which contain a physical component rely on physical ability testing as part of their selection procedure. The establishment of both the Civil Rights Act and the Americans with Disabilities Act (ADA) had a profound impact on the manner in which selection testing may legally be conducted (Gutman, Koppes, & Vodanovich, 2011). The current study sought to analyze court cases involving physical ability testing. Results revealed that pure ability tests did not significantly differ from work sample tests with regard to ...


Do You Believe He Can Fly? Royce White And Reasonable Accommodations Under The Americans With Disabilities Act For Nba Players With Anxiety Disorder And Fear Of Flying, Michael A. McCann 2014 Pepperdine University

Do You Believe He Can Fly? Royce White And Reasonable Accommodations Under The Americans With Disabilities Act For Nba Players With Anxiety Disorder And Fear Of Flying, Michael A. Mccann

Pepperdine Law Review

This Article examines the legal ramifications of Royce White, a basketball player with general anxiety disorder and obsessive compulsive disorder, playing in the NBA. White's conditions cause him to have a fear of flying, thus making it difficult to play in the NBA. This subject is without precedent in sports law and, because of the unique aspects of an NBA playing career, lacks clear analogy to other employment circumstances. This dispute also illuminates broader legal and policy issues in the relationship between employment and mental illness. This Article argues that White would likely fail in a lawsuit against an ...


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