Open Access. Powered by Scholars. Published by Universities.®

Disability Law Commons

Open Access. Powered by Scholars. Published by Universities.®

550 Full-Text Articles 514 Authors 184,812 Downloads 52 Institutions

All Articles in Disability Law

Faceted Search

550 full-text articles. Page 1 of 11.

Still Out Of Step: The Sixth Circuit’S Adoption Of A “But-For” Standard For Ada Plaintiffs In Lewis V. Humboldt Acquisition Corp., Allison J. Zimmon 2014 Boston College Law School

Still Out Of Step: The Sixth Circuit’S Adoption Of A “But-For” Standard For Ada Plaintiffs In Lewis V. Humboldt Acquisition Corp., Allison J. Zimmon

Boston College Journal of Law & Social Justice

On May 25, 2012, the U.S. Court of Appeals for the Sixth Circuit, sitting en banc, reversed seventeen years of precedent and joined its sister circuits by discarding the “sole cause” standard for proving discrimination under Title I of the Americans with Disabilities Act (ADA). By declining to adopt the “motivating factor” standard used in the majority of the other circuits, and instead adopting a “but-for” standard, the Sixth Circuit’s ADA jurisprudence continues to be an outlier. This Comment argues that the “but-for” standard imposes an unfair burden on vulnerable and disabled employees who are seeking relief from ...


The "Double-Edged" Dilemma: The Eleventh Circuit's Devaluation Of Mental Health Mitigators In Evans V. Secretary, Department Of Corrections, Erik Thompson 2014 Boston College Law School

The "Double-Edged" Dilemma: The Eleventh Circuit's Devaluation Of Mental Health Mitigators In Evans V. Secretary, Department Of Corrections, Erik Thompson

Boston College Journal of Law & Social Justice

In Evans v. Secretary, Department of Corrections, the United States Court of Appeals for the Eleventh Circuit denied habeas corpus relief to a death row inmate who claimed that ineffective assistance of counsel prejudiced his death sentence hearing. Despite the defense counsel’s omission of evidence suggesting that the inmate suffered from various mental disabilities, the court resolved that such evidence would not have affected the jury’s ultimate recommendation of the death sentence because some of the evidence was stigmatized. This standard creates a burden that is far too great for individuals facing the death penalty and significantly minimizes ...


Painful Disparities, Painful Realities, Amanda C. Pustilnik 2014 University of Maryland Francis King Carey School of Law

Painful Disparities, Painful Realities, Amanda C. Pustilnik

Faculty Scholarship

Legal doctrines and decisional norms treat chronic claims pain differently than other kinds of disability or damages claims because of bias and confusion about whether chronic pain is real. This is law’s painful disparity. Now, breakthrough neuroimaging can make pain visible, shedding light on these mysterious ills. Neuroimaging shows these conditions are, as sufferers have known all along, painfully real. This Article is about where law ought to change because of innovations in structural and functional imaging of the brain in pain. It describes cutting-edge scientific developments and the impact they should make on evidence law and disability law ...


Tennessee V. Lane: Winning The Battle, Losing The War?, Michael Forearm, Ossai Miazad 2014 University of Tennessee, Knoxville

Tennessee V. Lane: Winning The Battle, Losing The War?, Michael Forearm, Ossai Miazad

Tennessee Journal of Law & Policy

Mr. Foreman serves as deputy director for legal programs at the Lawyers Committee for Civil Rights under Law. He is a frequent speaker on civil rights issues and has served as counsel of record for the Lawyer's Committee in several cases before the Supreme Court.


The Policy Implications, Elizabeth McCallum 2014 University of Tennessee, Knoxville

The Policy Implications, Elizabeth Mccallum

Tennessee Journal of Law & Policy

Elizabeth McCallum is a partner at Howrey, Simon, Arnold & White, LLP, in Washington, D.C.


Tennessee's Response To The Supreme Court's Decision, Paul G. Summers, Elizabeth Martin 2014 University of Tennessee, Knoxville

Tennessee's Response To The Supreme Court's Decision, Paul G. Summers, Elizabeth Martin

Tennessee Journal of Law & Policy

Paul G. Summers is the Tennessee Attorney General & Reporter. Elizabeth Martin is an Assistant Tennessee Attorney General.


United State's Legal Strategy, Patricia Millett 2014 University of Tennessee, Knoxville

United State's Legal Strategy, Patricia Millett

Tennessee Journal of Law & Policy

Ms. Millet is an Assistant to the Solicitor General. She is a Harvard Law School graduate.


Tennessee's Legal Strategy, Michael Moore 2014 University of Tennessee, Knoxville

Tennessee's Legal Strategy, Michael Moore

Tennessee Journal of Law & Policy

Michael Moore is the Tennessee Solicitor General.


Plaintiff's Legal Strategy, William Brown 2014 University of Tennessee, Knoxville

Plaintiff's Legal Strategy, William Brown

Tennessee Journal of Law & Policy

Mr. Brown argued Tennessee v. Lane on behalf of the plaintiffs, George Lane and Beverly Jones, before the United States Supreme Court. He is a 1974 graduate of the Tennessee Technological University and received his J.D. from the University of Tennessee College of Law in 1977.


Personal Stories, Beverly Jones, George Lane 2014 University of Tennessee, Knoxville

Personal Stories, Beverly Jones, George Lane

Tennessee Journal of Law & Policy

Ms. Jones and Mr. Lane joined as plaintiffs in Tennessee v. Lane. Ms. Jones, who uses a wheelchair, is a certified court reporter. She was compelled to decline employment because of her inability to gain access to several courtrooms and related facilities in at least 24 Tennessee counties. Mr. Lane, also a wheelchair user, was charged with a traffic violation in Polk County. The courtroom in which he was required to appear on the appointed morning was located on the second floor of a courthouse that was not equipped with an elevator. Mr. Lane crawled up two flights of stairs ...


Setting Its Sights On The Marrakesh Treaty: The U.S. Role In Alleviating The Book Famine For Persons With Print Disabilities, Shae Fitzpatrick 2014 Boston College Law School

Setting Its Sights On The Marrakesh Treaty: The U.S. Role In Alleviating The Book Famine For Persons With Print Disabilities, Shae Fitzpatrick

Boston College International and Comparative Law Review

Today, a global book famine deprives hundreds of millions of persons with print disabilities access to basic information worldwide. The World Intellectual Property Organization (WIPO) reports that the visually impaired have access to merely 5 percent of published books. Amid the global movement to reevaluate copyright laws for the digital age, a watershed opportunity exists to harmonize the deficient patchwork of national and international copyright laws perpetuating the book famine. After years of stalled progress, WIPO recently adopted the landmark Marrakesh Treaty to alleviate copyright barriers to access for the print-disabled worldwide. This Note argues that the United States should ...


An Exhausting Idea: The Fifth Circuit Examines The Idea Exhaustion Requirement In Stewart V. Waco Independent School District, Elizabeth Rodd 2014 Boston College Law School

An Exhausting Idea: The Fifth Circuit Examines The Idea Exhaustion Requirement In Stewart V. Waco Independent School District, Elizabeth Rodd

Boston College Law Review

On March 14, 2013, in Stewart v. Waco Independent School District, the U.S. Court of Appeals for the Fifth Circuit held that the plaintiff was not required to administratively exhaust her Rehabilitation Act claim under the Individuals with Disabilities Education Act (IDEA). In doing so, the Fifth Circuit created a precedent that could potentially flood court dockets and that does not make use of the administrative safeguards statutorily in place. This Comment argues that, on remand, the U.S. District Court for the Western District of Texas should apply a relief-centered approach to ultimately find that the plaintiff was ...


Need I Prove More: Why An Adverse Employment Action Prong Has No Place In A Failure To Accomodate Disability Claim, Megan I. Brennan 2014 Hamline University's School of Law

Need I Prove More: Why An Adverse Employment Action Prong Has No Place In A Failure To Accomodate Disability Claim, Megan I. Brennan

Hamline Law Review

abstract


Yttrande Rörande Socialstyrelsens Kunskapsöversikt Om Fc, Gregor Noll 2014 Lund University, Faculty of Law

Yttrande Rörande Socialstyrelsens Kunskapsöversikt Om Fc, Gregor Noll

Gregor Noll

No abstract provided.


Conceptualizing Capacity: Interpreting Canada’S Qualified Ratification Of Article 12 Of The Un Disability Rights Convention, Nicholas Caivano 2014 Western University

Conceptualizing Capacity: Interpreting Canada’S Qualified Ratification Of Article 12 Of The Un Disability Rights Convention, Nicholas Caivano

Western Journal of Legal Studies

During the negotiations leading up to the United Nations Convention on the Rights of Persons with Disabilities (CRPD), States Parties vigorously debated the scope of Article 12, which establishes legal capacity for persons with disabilities “on an equal basis with others in all aspects of life.” The ambiguity of Article 12 has led to many interpretations that have been the subject of debate among human rights activists and academics. Developments in the jurisprudence and legislative reforms across several jurisdictions indicate that governments and courts have begun to grapple with what recognizing the right to legal capacity for persons with disabilities ...


Idea Class Actions After Wal-Mart V. Dukes, Mark C. Weber 2014 DePaul University

Idea Class Actions After Wal-Mart V. Dukes, Mark C. Weber

Mark C. Weber

Wal-Mart v. Dukes overturned the certification of a class of a million and a half female employees alleging sex discrimination in Wal-Mart’s salary and promotion decisions. The Supreme Court ruled that the case did not satisfy the requirement that a class have a common question of law or fact, and said that the remedy sought was not the type of relief available under the portion of the class action rule permitting mandatory class actions. Over the last two years, courts have struggled with how to apply the ruling, especially how to apply it beyond its immediate context of employment ...


The Democratic Life Of The Union: Toward Equal Voting Participation For Europeans With Disabilities, János Fiala-Butora, Michael Ashley Stein, Janet E. Lord 2014 College of William & Mary Law School

The Democratic Life Of The Union: Toward Equal Voting Participation For Europeans With Disabilities, János Fiala-Butora, Michael Ashley Stein, Janet E. Lord

Faculty Publications

This Article puts forward preliminary legal scholarship on equal political participation by persons with disabilities and what international human rights law requires for its attainment. The goal is to provoke an informed dialogue on the neglected but fundamental human right to enfranchisement by persons with disabilities while also acknowledging that a complete and just resolution requires further information and reflection.

The Article argues that the fundamental right to vote cannot be curtailed on the basis of an alleged lack of capacity. Disenfranchisement based on individual assessment unjustly excludes a certain number of voting-capable individuals. Since all those affected are persons ...


In Defense Of Idea Due Process, Mark C. Weber 2014 DePaul University

In Defense Of Idea Due Process, Mark C. Weber

Mark C. Weber

Due Process hearing rights under the Individuals with Disabilities Education Act are under attack. A major professional group and several academic commentators charge that the hearings system advantages middle class parents, that it is expensive, that it is futile, and that it is unmanageable. Some critics would abandon individual rights to a hearing and review in favor of bureaucratic enforcement or administrative mechanisms that do not include the right to an individual hearing before a neutral decision maker. This Article defends the right to a due process hearing. It contends that some criticisms of hearing rights are simply erroneous, and ...


“Appropriate” Decisions Under The Individuals With Disabilities Education Act, Perry A. Zirkel 2013 Pepperdine University

“Appropriate” Decisions Under The Individuals With Disabilities Education Act, Perry A. Zirkel

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Adjudicative Remedies For Denials Of Fape Under The Idea, Perry A. Zirkel 2013 Pepperdine University

Adjudicative Remedies For Denials Of Fape Under The Idea, Perry A. Zirkel

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Digital Commons powered by bepress