The Right Of Access To Sport And Recreation For Disabled Persons Under International Law: What Does It Really Entail?,
2022
Hamad bin Khalifa University
The Right Of Access To Sport And Recreation For Disabled Persons Under International Law: What Does It Really Entail?, Ilias Bantekas
Loyola of Los Angeles International and Comparative Law Review
No abstract provided.
Beware Of Educational Blackmail: How Can We Apply Lessons From Environmental Justice To Urban Charter School Growth?,
2022
University of South Carolina
Beware Of Educational Blackmail: How Can We Apply Lessons From Environmental Justice To Urban Charter School Growth?, Preston C. Green Ii, Chelsea E. Connery
South Carolina Law Review
No abstract provided.
The Generational Squeeze: A Commentary On Multi- Generational Special Needs And Benefit Planning In Georgia,
2022
Mercer University School of Law
The Generational Squeeze: A Commentary On Multi- Generational Special Needs And Benefit Planning In Georgia, Christopher Wages
Mercer Law Review
As the generation of baby boomers—individuals born between 1946 and 1964—grow older, their children are being progressively squeezed between caring for aging parents and the demands of a family of their own, giving rise to the term “sandwich generation.” The current population of fifty-three million baby boomers over the age of sixty-five accounts for 16% of the populace. As such, younger generations are finding themselves sandwiched between the financial, emotional, and physical needs of their aging parents and young children. This challenging situation is further exacerbated for families dealing with disabilities, and this scenario is only becoming more ubiquitous. In …
Ability Apartheid And Paid Leave,
2022
South Texas College of Law Houston
Ability Apartheid And Paid Leave, Ryan H. Nelson, Michael Ashley Stein
Michigan Law Review
A Review of Ableism at Work: Disablement and Hierarchies of Impairment. By Paul David Harpur.
Ending The Charade: The Fifth Circuit Should Expressly Adopt The Deliberate Indifference Standard For Ada Title Ii And Ra Section 504 Damages Claims,
2022
Louisiana State University and Agricultural and Mechanical College
Ending The Charade: The Fifth Circuit Should Expressly Adopt The Deliberate Indifference Standard For Ada Title Ii And Ra Section 504 Damages Claims, Derek Warden
Texas A&M Law Review
While the Americans with Disabilities Act (“ADA”) has been law for over 30 years, the Fifth Circuit Court of Appeals has yet to adopt a definitive standard for how plaintiffs win damages under Title II of that law. Further, while the Rehabilitation Act (“RA”) has been law for almost 50 years, the Fifth Circuit has failed to announce any specific standard for how plaintiffs obtain damages under that law as well. I previously wrote an article in the pages of this journal that sought to “clarify” the Fifth Circuit’s jurisprudence on the issue. In Fifth Indifference: Clarifying the Fifth Circuit’s …
Revisiting The Visitor: Maine's New Uniform Probate Code & The Evolving Role Of The Court-Appointed Visitor In Adult Guardianship Reform,
2022
University of Maine School of Law
Revisiting The Visitor: Maine's New Uniform Probate Code & The Evolving Role Of The Court-Appointed Visitor In Adult Guardianship Reform, Lisa Kay Rosenthal
Maine Law Review
A judge may appoint a guardian for an adult who does not have the capacity to make decisions affecting their own health or welfare. However, the power of the guardian—while intended to serve a protective function—potentially invites financial, physical, and emotional abuse of the most vulnerable members of society. To help a probate judge understand the circumstances of a guardianship and the need for protection, probate courts in Maine appoint a “visitor” to interview both the person allegedly in need of a guardianship and the proposed guardian. The visitor submits a report to the court which contains the visitor’s observations, …
What The Lawyer Well-Being Movement Could Learn From The Americans With Disabilities Act,
2022
William & Mary Law School
What The Lawyer Well-Being Movement Could Learn From The Americans With Disabilities Act, Alex B. Long
William & Mary Law Review Online
Perhaps the central theme in all of the lawyer well-being literature is the profession's need to create a culture in which lawyers are proactive about taking care of themselves. This necessarily involves reducing some of the stigma associated with mental health issues so that lawyers feel comfortable to seek help when needed and to otherwise be mindful of their own well-being. The trick, obviously, is adopting an approach that meaningfully addresses the problems of mental health issues within the profession without further stigmatizing mental health issues more generally. This Article argues that despite its admirable efforts, the legal profession has …
The Perceptions Of Educators On Transition Planning & The Postsecondary Transition Readiness Outcomes Of Students With Disabilities,
2022
Western Kentucky University
The Perceptions Of Educators On Transition Planning & The Postsecondary Transition Readiness Outcomes Of Students With Disabilities, Marisa Duarte
Dissertations
The purpose of this quantitative descriptive research was to gain the perspective of educators on transition planning for students with disabilities in two public school districts in the state of Kentucky. The Individual Disabilities Education Act and Workforce Innovation Opportunities Act are laws requiring students with disabilities to be transition ready upon their graduation from high school. A sample of 12 educators, representing two Kentucky districts, who participate in transitioning students with disabilities, completed The Secondary Educator Transition Questionnaire survey. Data from the districts’ state report cards indicated students with disabilities were not transition ready in comparison with students without …
Clicks, Bricks, And Politics: Website Accessibility Under Title Ii And Title Iii Of The Americans With Disabilities Act,
2022
Mercer University School of Law
Clicks, Bricks, And Politics: Website Accessibility Under Title Ii And Title Iii Of The Americans With Disabilities Act, Elliza Guta
Mercer Law Review
The Internet’s role in modern society is constantly expanding. While only a few thousand websites were in existence in the early 1990s, there are almost two billion active websites today. Every major business, news source, health care provider, and government entity has an online presence and the nation’s reliance on the Internet is growing. The role of the Internet in Americans’ daily lives is not a new phenomenon, but in the wake of the COVID-19 pandemic, the use of the Internet and online technology has dramatically increased. Whether it’s grocery shopping, zoom-school, or checking local infection rates, the pandemic has …
To Be, Or Not To Be, Will Long Covid Be Reasonably Accommodated Is The Question,
2022
University of Minnesota Law School
To Be, Or Not To Be, Will Long Covid Be Reasonably Accommodated Is The Question, Angélica Guevara
Minnesota Journal of Law, Science & Technology
No abstract provided.
Is A Website Subject To Title Iii Of The Ada: Why The Text Applies To Only Websites “Of” A Place Of Public Accommodation,
2022
Texas A&M University School of Law (Student)
Is A Website Subject To Title Iii Of The Ada: Why The Text Applies To Only Websites “Of” A Place Of Public Accommodation, Trevor Paul
Texas A&M Journal of Property Law
Title III of the Americans with Disabilities Act (“ADA”) prohibits discrimination involving the “goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation.” The ADA lists examples that qualify as “public accommodations,” but it does not define the word “place.” As a result, the circuit courts since 1995 have been split over whether a “place of public accommodation” is limited to a physical place. Courts have recently addressed whether websites are subject to Title III and have relied primarily on precedent on the interpretation of a “place of public accommodation.” District courts within the Minority Approach have …
Federally Mandated Online Sales Tax: A Logistical Solution For The Future Of E-Commerce,
2022
Depaul University College of Law
Federally Mandated Online Sales Tax: A Logistical Solution For The Future Of E-Commerce, Daniel O'Connor
DePaul Business & Commercial Law Journal
No abstract provided.
Economic Structural Transformation And Litigation: Evidence From Chinese Provinces, To Economic Change And Restructuring,
2022
Drake University Law School
Economic Structural Transformation And Litigation: Evidence From Chinese Provinces, To Economic Change And Restructuring, Doug Bujakowski, Joan Schmit
DePaul Business & Commercial Law Journal
No abstract provided.
The "Business Interruption" Insurance Coverage Conundrum: Covid-19 Presents A Challenge,
2022
University of North Dakota School of Law
The "Business Interruption" Insurance Coverage Conundrum: Covid-19 Presents A Challenge, Paul E. Traynor
DePaul Business & Commercial Law Journal
No abstract provided.
Misalighned Incentives In Markets: Envisioning Finance That Benefits All Of Society,
2022
University of Calgary
Misalighned Incentives In Markets: Envisioning Finance That Benefits All Of Society, Dr. Ryan Clements
DePaul Business & Commercial Law Journal
No abstract provided.
When Legal Incapacity Becomes A Lack Of Personhood: Why A Ward's Ability To Sue In Their Own Name Should Be A Fundamental Aspect Of Virginia Guardianship,
2022
William & Mary Law School
When Legal Incapacity Becomes A Lack Of Personhood: Why A Ward's Ability To Sue In Their Own Name Should Be A Fundamental Aspect Of Virginia Guardianship, Rachel Davis
William & Mary Journal of Race, Gender, and Social Justice
It is a fundamental failing of any legal system when it is unable to protect the most vulnerable within its population. Whether we are comfortable admitting it or not, guardian abuse of incapacitated wards has been well-documented across all fifty states. Virginia is no exception, and this lack of oversight leaves one of our most vulnerable populations without recourse. This Note argues that by simply granting a ward the ability to bring suit in their own name, Virginia may strike a significant blow to the dysfunction that systematically infects the guardianship process. This Note highlights Virginia statute and case law …
State Laws For Due Process Hearings Under The Individuals With Disabilities Education Act Iv: Expedited Hearings,
2022
Lehigh University
State Laws For Due Process Hearings Under The Individuals With Disabilities Education Act Iv: Expedited Hearings, Andrew M.I. Lee, Perry A. Zirkel
Journal of the National Association of Administrative Law Judiciary
This article is a follow-up to a triad of analyses of state law additions to the basic requirements of the Individuals with Disabilities Education Act (IDEA) for due process hearings (DPHs). The former three articles covered the pre-hearing, hearing, and post-hearing stages of IDEA DPHs. The present article focuses on expedited DPHs, canvassing state law provisions specific to this more rapid, specialized proceeding in the IDEA. This article covers IDEA foundational requirements for expedited DPHs, and then summarizes and codes the state law provisions that supplement the federal template. Additionally, this article provides a discussion of federal preemption of state …
Monsanto: Creator Of Cancer Liability,
2022
DePaul University
Monsanto: Creator Of Cancer Liability
DePaul Business & Commercial Law Journal
No abstract provided.
Impact Of Corporate Response To Controversial Presidential Statements Or Policies,
2022
DePaul University
Impact Of Corporate Response To Controversial Presidential Statements Or Policies
DePaul Business & Commercial Law Journal
No abstract provided.
Brief Of Amici Curiae 23 Law Professors In Support Of Petitioner,
2022
Benjamin N. Cardozo School of Law
Brief Of Amici Curiae 23 Law Professors In Support Of Petitioner, Leslie Salzman, Rebekah Diller, Cardozo Bet Tzedek Legal Services
Amicus Briefs
On January 18, the Bet Tzedek Civil Litigation Clinic, co-directed by Professors Rebekah Diller and Leslie Salzman, filed a U.S. Supreme Court amicus brief in support of certiorari in the case of a deaf student who suffered 12 years of isolation and distress because his school refused to provide him with a qualified sign language interpreter (Perez v. Sturgis Public Schools). The clinic filed on behalf of 23 law professors who argued that the Court’s intervention was needed to ensure that disabled students can pursue damage claims when their rights are violated in school settings.
