Enfeebling The Ada: The Ada Amendments Act Of 2008, 2010 Lewis & Clark Law School
Enfeebling The Ada: The Ada Amendments Act Of 2008, Jeffrey D. Jones
Oklahoma Law Review
No abstract provided.
Virtually Enabled: How Title Iii Of The Americans With Disabilities Act Might Be Applied To Online Virtual Worlds, 2010 Indiana University Maurer School of Law
Virtually Enabled: How Title Iii Of The Americans With Disabilities Act Might Be Applied To Online Virtual Worlds, Joshua Newton
Federal Communications Law Journal
The rise and popularity of online virtual worlds, such as World of Warcraft and Second Life, holds significant promise for people with disabilities. For people who are unable to easily leave home or travel, virtual worlds provide a public venue, wherein people may interact freely without the social stigma that accompanies disability. However, access to these virtual worlds may be inhibited by physical, visual, or aural impairments, and virtual-world developers can be hostile to modifying their products to mitigate these difficulties. Thus, some disability advocates have turned to Title III of the Americans with Disabilities Act, arguing that places of ...
Pleading Disability, 2010 Boston College Law School
Pleading Disability, Joseph A. Seiner
Boston College Law Review
A significant failure. That is how the Americans with Disabilities Act (“ADA”) has been described by legal scholars and disability advocates alike. The statute was widely expected to help prevent disability discrimination in employment, but it has not fully achieved its intended purpose because of the narrow interpretation of the ADA by the courts. Congress recently sought to restore the employment protections of the ADA by amending the statute. Interpreting the complex and comprehensive amendments to the ADA will be a difficult task for the federal courts. Complicating matters further, the proper pleading standard for disability claims was left in ...
Are You Covered? The Need For Improvement In Insurance Coverage For Autism Spectrum Disorder, 44 J. Marshall L. Rev. 291 (2010), Marissa Mazza
The John Marshall Law Review
No abstract provided.
"With Faces Hidden While The Walls Were Tightening": Applying International Human Rights Standards To Forensic Psychology, Michael L. Perlin
Articles & Chapters
Although there are now robust bodies of literature in both Alaw and psychology and in international human rights law, there has been remarkably little written about the specific relationship between forensic psychology and international human rights standards (and about the relationship between mental disability law and such standards in general). Attention is paid when it appears that state psychiatry or psychology is used as a tool of political oppressions e.g., in the former Soviet Union or in China, but the literature is strangely silent on questions dealing with the extent to which forensic psychology practice comports withinternational human rights ...
Crossroads And Signposts: The Ada Amendments Act Of 2008, 2010 University of Dayton
Crossroads And Signposts: The Ada Amendments Act Of 2008, Jeannette Cox
School of Law Faculty Publications
Although the apparent purpose of the 2008 amendments to the Americans with Disabilities Act (ADA) is solely to broaden the ADA 's protected class, the manner in which the amendments achieve this purpose erodes the statute's explicit textual support for understanding persons with disabilities as a politically subordinated minority. The amendments also strengthen the statutory link between the biological severity of a person's disability and that person's right to sue for ADA accommodations. Accordingly, for some courts, the amendments will reinforce the perception that the ADA differs from traditional civil rights law.
Federal courts' understanding of the ...
Vouchers For Students With Disabilities: The Future Of Special Education?, 2010 Georgia State University College of Law
Vouchers For Students With Disabilities: The Future Of Special Education?, Wendy F. Hensel
Faculty Publications By Year
Many voices over the last decade have called for reform in special education in American public schools. As the number of those receiving services under the Individuals with Disabilities Education Act (“IDEA”) has grown, scholars and pundits have increasingly argued that the system not only is failing to meet the needs of many children with disabilities, but in some cases is actively causing harm to those it is intended to serve.
Over the last several years, an increasing number of state legislatures have proposed or have passed laws that give children with disabilities public money to attend a private school ...
Ten Federal Circuit Cases From 2009 That Veterans Benefits Attorneys Should Know, 2010 University of Florida Levin College of Law
Ten Federal Circuit Cases From 2009 That Veterans Benefits Attorneys Should Know, Paul R. Gugliuzza, Miguel F. Eaton, Sumon Dantiki
UF Law Faculty Publications
The Federal Circuit is the highest court to which veterans can appeal by right for benefits. In 2009, the Federal Circuit decided eighty-seven veterans cases (twelve percent of its overall docket). Twenty-six of those decisions were precedential opinions. There are approximately 23.4 million veterans in the United States, more than three million of whom receive disability compensation. And with two ongoing wars, plans to increase the size of the Army and Marine Corps, and recent legislation impacting the veterans claims process, the Federal Circuit will likely see an increase in veterans cases in the coming years.
Part I of ...
Family-Related Issues In Social And Welfare Law. Legal Methods For Research On Children And Families, Titti Mattsson
No abstract provided.
The Persistence Of Low Expectations In Special Education Law Viewed Through The Lens Of Therapeutic Jurisprduence, Richard Peterson
For more than thirty-five years a paradigm of low expectations has infected efforts to educate children with disabilities and has been a persistent and stubborn obstacle to the successful implementation of the Individuals with Disabilities Education Act (IDEA), and its predecessor, the Education of All Handicapped Children Act (EAHCA). This dilemma raises questions addressed in this paper: What is meant by low expectations in the context of Special Education Law? What are the root causes of this phenomenon, and what makes it so resistant to change? How does it impede implementation of the IDEA? And lastly, in what ways does ...
Why Context Matters: Defining Service Animals Under Federal Law, 2009 Selected Works
Why Context Matters: Defining Service Animals Under Federal Law, Rebecca J. Huss
Rebecca J. Huss
This Article analyzes the differing definitions of service animals under federal law as interpreted by three separate agencies. The regulations and case law interpreting the issue under the Americans with Disabilities Act, the Fair Housing Act, and the Air Carrier Access Act illustrate the need for further clarification in order to ensure that individuals with disabilities are granted the full protection of the law.Note from Author: After the publication of this article, in July 2010, final regulations for the ADA were released. These final regulations can be found at 75 Fed. Reg. 56164 (Sept. 15, 2010) (applying to state ...
Equitable And Adequate Funding For Special Needs Children In Louisiana, 2009 Loyola University New Orleans College of Law
Equitable And Adequate Funding For Special Needs Children In Louisiana, Robert A. Garda Jr.
Robert A. Garda
Comprehensive and coordinated special education remains a major problem across public schools in Louisiana. One issue arises due to the fact that special education money in some districts is allotted at the district level instead of following students to the schools they attend, resulting in inconsistent support for schools serving students with multiple types of disabilities. Money is not allocated based on student needs and the neediest students do not receive the services the funding is intended to provide.
Louisiana Appleseed and the Louisiana Bar Foundation have recruited volunteer attorneys to: (1) research Louisiana Minimum Foundation Program (MFP) formulas and ...
Guardians Ad Litem In Housing Court, 2009 Columbia, Fordham & NYU Law Schools
Guardians Ad Litem In Housing Court, Gerald Lebovits
Hon. Gerald Lebovits
No abstract provided.
Decanting And Its Alternatives: Remodeling And Revamping Irrevocable Trusts, 2009 University of South Dakota School of Law
Decanting And Its Alternatives: Remodeling And Revamping Irrevocable Trusts, Tom E. Simmons
Thomas E. Simmons
No abstract provided.