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Online Dispute Resolution And Autism Spectrum Disorder: Levelling The Playing Field In Disputes Involving Autistic Parties, Roland Gérard Keepseeyuk Troke-Barriault 2016 University of Ottawa

Online Dispute Resolution And Autism Spectrum Disorder: Levelling The Playing Field In Disputes Involving Autistic Parties, Roland Gérard Keepseeyuk Troke-Barriault

Western Journal of Legal Studies

Often, the overall success of an Alternative Dispute Resolution (ADR) process hinges on the ability of a neutral third party to establish a level playing field supported by a sense of equal bargaining power between disputants. Most forms of ADR, including traditional approaches to mediation and arbitration, are characterized by in-person interactions, where disputants and third parties communicate through a combination of verbal and nonverbal cues. Though many believe that this form of interaction is crucial for effective communication, it may result in significant disadvantages for autistic parties who face difficulties properly discerning the intentions or meaning of these cues ...


Rheumatoid Arthritis: Painful Motion Is Limited Motion, Tyler Crowe 2016 University of Richmond

Rheumatoid Arthritis: Painful Motion Is Limited Motion, Tyler Crowe

Law Student Publications

Reporting on Petitti v. McDonald, No. 13-3469, ____ Vet. App. ____ (October 28, 2015): The Court was asked to clarify what constitutes "painful motion" and what evidence the Board of Veterans’ Appeals must consider when making this determination.


El Derecho Laboral De Las Personas Con Discapacidad En El Perú A Partir De La Nueva Ley General De La Persona Con Discapacidad - Elard Ricardo Bolaños Salazar.Pdf, Elard Ricardo Bolaños Salazar 2015

El Derecho Laboral De Las Personas Con Discapacidad En El Perú A Partir De La Nueva Ley General De La Persona Con Discapacidad - Elard Ricardo Bolaños Salazar.Pdf, Elard Ricardo Bolaños Salazar

Elard Ricardo Bolaños Salazar

En el presente artículo, el autor analiza las disposiciones de la nueva Ley General de la Persona con Discapacidad, específicamente, las referidas al derecho al trabajo de las personas con algún tipo de discapacidad. Toma en cuenta la situación de este sector de la ciudadanía en el mercado laboral, y los obstáculos que usualmente debe enfrentar, para valorar positivamente la nueva legislación, que impone sanciones económicas a quienes no cumplan con sus disposiciones.


The Dimming Light Of The Idea: The Need To Reevaluate The Definition Of A Free Appropriate Public Education, Sarah Lusk 2015 Pace University School of Law

The Dimming Light Of The Idea: The Need To Reevaluate The Definition Of A Free Appropriate Public Education, Sarah Lusk

Pace Law Review

This paper has five parts. Part I examines Individuals with Disabilities Education Act (“IDEA”), explains the definition of a free appropriate public education (“FAPE”), and explores IDEA’s protections for special-education students facing school discipline. Part II discusses the Supreme Court’s interpretation of IDEA and FAPE, as well as how lower courts have interpreted IDEA. Part III focuses on how schools implement IDEA and treat special-education students. Part IV explores the disproportionate effects of school suspension on disabled students and explains the negative impacts, such as the Pipeline. Part V argues that Congress and the Supreme Court must reevaluate ...


The Costs Of Easy Victory, Michael E. Waterstone 2015 College of William & Mary Law School

The Costs Of Easy Victory, Michael E. Waterstone

William & Mary Law Review

Studies of law and social change often focus on areas of intense conflict, including abortion, gun rights, and various issues around race, gender, and sexual orientation. Each of these has entered the culture wars, inspiring fierce resistance and organized countermovements. A reasonable assumption might be that social change in less controversial areas might be easier. In this Article, I suggest that it is not that simple. Using the disability rights movement, I demonstrate how flying under the radar leads to unappreciated obstacles. The disability rights movement had a relatively easy path to the passage of the Americans with Disabilities Act ...


Defining The "Defined"—Problem Gambling, Pathological Gambling, And Gambling Disorder: Impact On Policy And Legislation, Sarah A. Hinchliffe 2015 Barry University School of Law

Defining The "Defined"—Problem Gambling, Pathological Gambling, And Gambling Disorder: Impact On Policy And Legislation, Sarah A. Hinchliffe

Barry Law Review

No abstract provided.


Rwu Law Launches Legal Clinic For Disabled Veterans, Roger Williams University School of Law 2015 Roger Williams University

Rwu Law Launches Legal Clinic For Disabled Veterans, Roger Williams University School Of Law

Conferences, Lectures & Events

No abstract provided.


Between A Bed And A Hard Place: How Washington Can Keep Psychiatric Patients In Treatment And Off The Streets, Spencer Babbitt 2015 Seattle University School of Law

Between A Bed And A Hard Place: How Washington Can Keep Psychiatric Patients In Treatment And Off The Streets, Spencer Babbitt

Seattle University Law Review

On February 27, 2013, ten psychiatric patients were being involuntarily detained in hospital emergency departments located in Pierce County under Washington State’s Involuntary Treatment Act (ITA). Despite the name of the law that authorized their detainment, these individuals were not receiving any psychiatric treatment during their confinement. Nor were they there as the result of a criminal conviction. The only thing these ten detainees were guilty of was being mentally ill. Under what is now considered to have been a misinterpretation of the ITA, counties across Washington had for years been confining mentally ill patients in hospitals not certified ...


Newsroom: Law Clinic For Disabled Veterans, Roger Williams University School of Law 2015 Roger Williams University

Newsroom: Law Clinic For Disabled Veterans, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Teletrabajo Y Discapacidad: A Romper Barreras Actitudinales, Luis Cárdenas Rodríguez, Luis Cárdenas Rodríguez 2015 Universidad Nacional Mayor de San Marcos

Teletrabajo Y Discapacidad: A Romper Barreras Actitudinales, Luis Cárdenas Rodríguez, Luis Cárdenas Rodríguez

Luis Cárdenas Rodríguez

El teletrabajo mejorará la empleabilidad de las personas con discapacidad, así como de quienes forman parte de las denominadas "poblaciones vulnerables".


Compensating Extra Costs For Persons With Disabilities Through Economic Equality: The U.S. And Swedish Legal Approach In A Human Rights Perspective, James A. Gilson, Richard Sahlin 2015 New York Law School

Compensating Extra Costs For Persons With Disabilities Through Economic Equality: The U.S. And Swedish Legal Approach In A Human Rights Perspective, James A. Gilson, Richard Sahlin

James A Gilson

Disabled persons can incur costs that are directly related to their disabilities, and which are often not publicly sponsored through health care insurance, such as Medicare and Medicaid in the U.S. or through targeted support and services administered through the Swedish central government, county councils and municipalities. For purposes of this article such un-covered and un-reimbursed expenses are referred to as “extra costs.” For example, a visually impaired person may pay extra costs for his or her guide dog such as dog food and veterinary care. A person with rheumatism may pay an extra cost for an alternative treatment ...


Schooling The Police: Race, Disability, And The Conduct Of School Resource Officers, Amanda Merkwae 2015 University of Michigan Law School

Schooling The Police: Race, Disability, And The Conduct Of School Resource Officers, Amanda Merkwae

Michigan Journal of Race and Law

On March 25, 2015, police officers effectuated a violent seizure of a citizen in Kenner, Louisiana: [T]he police grabbed her by the ankles and dragged her away [from the tree]. . . . [She was] lying face down on the ground, handcuffed with her face pressed so closely to the ground that she was having difficulty breathing due to the grass and dirt that was so close to her nose and mouth. An officer was kneeling on top of her, pinning her down with a knee squarely in [her] back. Several other officers, as well as several school administrators, stood around the ...


Accidentally On Purpose: Intent In Disability Discrimination Law, Mark C. Weber 2015 DePaul University College of Law

Accidentally On Purpose: Intent In Disability Discrimination Law, Mark C. Weber

Boston College Law Review

American disability discrimination laws contain few intent requirements. Yet courts frequently demand showings of intent in disability discrimination lawsuits. Intent requirements arose almost by accident: through a false statutory analogy; by repetition of obsolete judicial language; and by doctrine developed to avoid a nonexistent conflict with another law. Demanding that section 504 and Americans with Disabilities Act (“ADA”) claimants show intent imposes a burden not found in those statutes or their interpretive regulations. This Article provides reasons not to impose intent requirements for liability or monetary relief in section 504 and ADA cases concerning reasonable accommodations. It demonstrates that no ...


Nothing To Sneeze At: Severe Food Allergy As A Disability Under The Ada Amendments Act Of 2008, Jason Mustard 2015 Golden Gate University School of Law

Nothing To Sneeze At: Severe Food Allergy As A Disability Under The Ada Amendments Act Of 2008, Jason Mustard

Golden Gate University Law Review

This Comment argues that the courts must classify individuals with severe food allergies as having a disability under the ADAA going forward and accordingly must extend the accommodations and protections that come with that designation to these individuals. Part II of the Comment examines the prevalence and severity of food allergies in the United States. Part III examines the history of disability law and how that law has been applied to individuals with severe food allergies. Part IV discusses the status of severe food allergies going forward in light of the ADAA and the effect of the law on recent ...


Understanding The History Of Institutionalization: Making Connections To De-Institutionalization And The Olmstead Act For Persons With Intellectual Disabilities In The State Of Illinois, Nancy A. Cheeseman 2015 National Louis University

Understanding The History Of Institutionalization: Making Connections To De-Institutionalization And The Olmstead Act For Persons With Intellectual Disabilities In The State Of Illinois, Nancy A. Cheeseman

Theses and Dissertations

What is the historical connection between deinstitutionalization and the Olmstead decision? The purpose of this study was to examine and analyze policy within a historical perspective the connections between institutional care, deinstitutionalization, the Olmstead decision, and the effect on persons with intellectual disabilities lived experience, in the state of Illinois.

The data collected include, the transcripts of interviews with four participants, artifacts from policy documents and historical papers accessed from the Disability Museum online journals. The creation of a table for use in coding themes as associated with 5 (out of 18) core concepts for disability policy.

The Olmstead decision ...


Can The U.S. Use A Reservation To Alleviate Sovereignty Concerns Regarding The Convention On The Rights Of Persons With Disabilities?, Candace Farmer 2015 University of Georgia School of Law

Can The U.S. Use A Reservation To Alleviate Sovereignty Concerns Regarding The Convention On The Rights Of Persons With Disabilities?, Candace Farmer

Georgia Journal of International & Comparative Law

No abstract provided.


The Impact Of Disability: A Comparative Approach To Medical Resource Allocation In Public Health Emergencies, Katie Hanschke, Leslie Wolf, Wendy Hensel 2015 North Carolina Central University

The Impact Of Disability: A Comparative Approach To Medical Resource Allocation In Public Health Emergencies, Katie Hanschke, Leslie Wolf, Wendy Hensel

Leslie E. Wolf

It is a matter of time before the next widespread pandemic or natural disaster hits the United States (U.S.). The international response to the 2009 H1N1 influenza stands as a cautionary tale about how prepared the world is for such an emergency. Although the pandemic fortunately proved to be less severe than initially anticipated, it nevertheless resulted in shortages of medical equipment, overburdened hospitals, and preventable patient deaths, particularly among young people.

A pandemic will inevitably lead to difficult decisions about the allocation of medical resources, such as who will have priority access to ventilators and critical care beds ...


Understanding Disability Under The Convention On The Rights Of Persons With Disabilities And Its Impact On International Refugee And Asylum Law, Vandana Peterson 2015 University of Georgia School of Law

Understanding Disability Under The Convention On The Rights Of Persons With Disabilities And Its Impact On International Refugee And Asylum Law, Vandana Peterson

Georgia Journal of International & Comparative Law

No abstract provided.


Fair Play For Those Who Need It Most: Athletic Opportunities For High School Student Athletes With Disabilities, Ian Forster 2015 Villanova University School of Law

Fair Play For Those Who Need It Most: Athletic Opportunities For High School Student Athletes With Disabilities, Ian Forster

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


The Ada And The Supreme Court: A Mixed Record, Samuel Bagenstos 2015 University of Michigan Law School

The Ada And The Supreme Court: A Mixed Record, Samuel Bagenstos

Articles

According to conventional wisdom, the Supreme Court has resisted the Americans with Disabilities Act (ADA) at every turn. The Court, the story goes, has read the statute extremely narrowly and, as a result, stripped away key protections that Congress intended to provide. Its departure from congressional intent, indeed, was so extreme that Congress passed a statute that overturned several key decisions and codified broad statutory protections. That statute, the ADA Amendments Act of 2008 (ADAAA). passed with widespread bipartisan support, and President George W. Bush signed it into law. The conventional wisdom leaves out a major part of the story ...


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