Interacting With Others: A Major Life Activity Under The Americans With Disabilities Act?,
2014
Georgia State University College of Law
Interacting With Others: A Major Life Activity Under The Americans With Disabilities Act?, Wendy Hensel
Wendy F. Hensel
No abstract provided.
The Disability Dilemma: A Skeptical Bench & Bar,
2014
Georgia State University College of Law
The Disability Dilemma: A Skeptical Bench & Bar, Wendy Hensel
Wendy F. Hensel
The legal profession is no stranger to the bias and prejudice present in American society. Members of the bar have been shown to engage in both conscious and subconscious discrimination, posing challenges to the profession as the profile of those practicing law has changed over the last several decades. Although women and minorities have made significant inroads into the profession, attorneys with disabilities remain the "forgotten diversity group." Many members of the bar continue to believe that these attorneys are primarily limited by their medical problems rather than any bias in the profession. They do not embrace disability as a …
A Call To Action For The Legal Academy,
2014
Georgia State University College of Law
A Call To Action For The Legal Academy, Wendy F. Hensel
Wendy F. Hensel
No abstract provided.
The Case For Inclusive Eligibility Under The Individuals With Disabilities In Education Act,
2014
Georgia State University College of Law
The Case For Inclusive Eligibility Under The Individuals With Disabilities In Education Act, Wendy Hensel
Wendy F. Hensel
No abstract provided.
Summers V. Altarum: Broadening The Definition Of Disability Under The Ada, And The Impact O The New Definition On Employers,
2014
North Carolina Central University School of Law
Summers V. Altarum: Broadening The Definition Of Disability Under The Ada, And The Impact O The New Definition On Employers, Sidney Minter
North Carolina Central Law Review
No abstract provided.
Mitigating The Impact Of Title Vii's New Retaliation Standard: The Americans With Disabilities Act After University Of Texas Southwestern Medical Center V. Nassar,
2014
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,
2014
Villanova University Charles Widger 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.
Equality And The European Union,
2014
Seton Hall University School of Law
Equality And The European Union, Elizabeth F. Defeis
Georgia Journal of International & Comparative Law
No abstract provided.
Trends In Special Education Case Law: Frequency And Outcomes Of Published Court Decisions 1998-2012,
2014
University of South Florida
Trends In Special Education Case Law: Frequency And Outcomes Of Published Court Decisions 1998-2012, Zorka Karanxha, Perry A. Zirkel
Zorka Karanxha
Executive Overview • This article determines the frequency and outcomes of published court decisions under the IDEA for students from pre-K through grade 12, starting in January 1998 and ending in October 2012. • The frequency of these decisions trended upward during the 15-year period, particularly during the most recent five-year interval. • The conclusive outcomes favored districts on a 3:1 basis both overall and on relatively consistent longitudinal basis; however, the intermediate outcomes partially ameliorated this pronounced pro-district tendency. • The Second Circuit region (New York, Vermont, and Connecticut) had the highest volume of cases, and the Tenth Circuit …
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,
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,
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 wage program; …
Interpreting,
2014
University of Massachusetts Amherst
Interpreting, Stephanie Jo Kent
Doctoral Dissertations
What do community interpreting for the Deaf in western societies, conference interpreting for the European Parliament, and language brokering in international management have in common? Academic research and professional training have historically emphasized the linguistic and cognitive challenges of interpreting, neglecting or ignoring the social aspects that structure communication. All forms of interpreting are inherently social; they involve relationships among at least three people and two languages. The contexts explored here, American Sign Language/English interpreting and spoken language interpreting within the European Parliament, show that simultaneous interpreting involves attitudes, norms and values about intercultural communication that overemphasize information and discount …
The Trouble With Protecting The Vulnerable: Proposals To Prevent Developmentally Disabled Individuals From Giving Involuntary Waivers And False Confessions,
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,
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,
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.
"All His Sexless Patients": Persons With Mental Disabilities And The Competence To Have Sex,
2014
University of Washington School of Law
"All His Sexless Patients": Persons With Mental Disabilities And The Competence To Have Sex, Michael L. Perlin, Alison J. Lynch
Washington Law Review
In this Article, we consider these attitudes while seeking to answer the following questions: • In this area of law and policy, is there any unitary definition of competence? • Are there certain factors that must be considered in determining “sexual competence”? • How does domestic law and policy relate to issues of sexual competence, and does it impact how we should approach these issues? • What are the international human rights law and therapeutic jurisprudence implications of the answers to these questions? In Part I, we will discuss competence to engage in sexual activity in matters involving persons with …
"All His Sexless Patients": Persons With Mental Disabilities And The Competence To Have Sex,
2014
University of Washington School of Law
"All His Sexless Patients": Persons With Mental Disabilities And The Competence To Have Sex, Michael L. Perlin, Alison J. Lynch
Washington Law Review
In this Article, we consider these attitudes while seeking to answer the following questions: • In this area of law and policy, is there any unitary definition of competence? • Are there certain factors that must be considered in determining “sexual competence”? • How does domestic law and policy relate to issues of sexual competence, and does it impact how we should approach these issues? • What are the international human rights law and therapeutic jurisprudence implications of the answers to these questions? In Part I, we will discuss competence to engage in sexual activity in matters involving persons with …
Florida's Legislation Mandating Suspicionless Drug Testing Of Tanf Beneficiaries: The Constitutionality And Efficacy Of Implementing Drug Testing Requirements On The Welfare Population,
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 and 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 …
An Analysis Of Employment Barriers Facing Blind People,
2014
University of Massachusetts Boston
An Analysis Of Employment Barriers Facing Blind People, William O'Donnell
Public Affairs Capstones Collection
Blind people, the target population being analyzed, possibly face higher rates of unemployment or underemployment compared to others with disabilities. They face higher poverty rates than any other minority group or group of people with disabilities. Typically, various statistics cite that 70% of working-aged blind people are not in the workforce. Federal acts have been implemented to increase employment outcomes in an attempt to improve employment outcomes for all with disabilities. The ADA and ADAAA been implemented to mitigate and/or eliminate barriers. This study used qualitative research to analyze data from participants to investigate whether or not they were employed …
Summary Of Anderson V. State, Emp’T Sec. Div., 130 Nev. Adv. Op. 32,
2014
Nevada Law Journal
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.
