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The Employment Discrimination Provisions Of The Americans With Disabilities Act: Implementation And Impact, Scott Burris, Kathryn Moss Jan 2007

The Employment Discrimination Provisions Of The Americans With Disabilities Act: Implementation And Impact, Scott Burris, Kathryn Moss

Hofstra Labor & Employment Law Journal

Title I of the Americans with Disabilities Act prohibits employment discrimination on the basis of disability. Since its passage in 1990, debate has raged about whether the statute is doing any good. A steady stream of narrowing court decisions has led some to declare the law a failure. This article reviews the empirical evidence on the effectiveness of Title I. Many studies find a decline in employment rates among the disabled in the wake of the ADA, but the evidence that these declines were caused by the ADA is weak. Title I protects people who require no more than a …


Panelist Biographies, Workplace Flexibility 2010, Georgetown University Law Center Nov 2006

Panelist Biographies, Workplace Flexibility 2010, Georgetown University Law Center

Conferences, Panels, and Events

The biographies of the panelist of the Workers with Disabilities: The Role of Workplace Flexibility event held November 13, 2006.


Cornell University Presentation, Susanne M. Bruyere, Ph.D., Crc Nov 2006

Cornell University Presentation, Susanne M. Bruyere, Ph.D., Crc

Conferences, Panels, and Events

The Cornell Presentation: Workplace Flexibility, Accommodation and Disability: Tools for Workforce Productivity. Prepared by Susanne M. Bruyere, Ph.D. , CRC Employment and Disability Institute Cornell University School of Industrial and Labor Relations Ithaca, New York on behalf of Workplace Flexibility 2010.


Thou Shalt Love Thy Neighbor: Rluipa And The Mediation Of Religious Land Use Disputes, Jeffrey H. Goldfien Apr 2006

Thou Shalt Love Thy Neighbor: Rluipa And The Mediation Of Religious Land Use Disputes, Jeffrey H. Goldfien

ExpressO

Religious land use disputes are characterized by high levels of conflict and the potential to seriously undermine social capital in affected communities. Contemporary land use procedures reflect an antiquated heritage and reliance upon adversarial means that are inadequate to successfully resolve these socially complex local conflicts. While there are practical obstacles, mediation holds advantages over these existing procedures in terms of dispute resolution, and has greater potential to preserve and build social capital at the local level. This article examines the theoretical justification for mediation in this context, and argues for moving beyond the status quo.


Exploring The Evolution Of Drug Endangered Children's Movement And Drug Courts, Holly Elizabeth Hopper Jan 2006

Exploring The Evolution Of Drug Endangered Children's Movement And Drug Courts, Holly Elizabeth Hopper

North Dakota Law Review

No abstract provided.


Research To Practice: Employment Services And Outcomes Of People Receiving Welfare Benefits And Vocational Rehabilitation Services, Susan Foley, Jonathan Woodring Aug 2005

Research To Practice: Employment Services And Outcomes Of People Receiving Welfare Benefits And Vocational Rehabilitation Services, Susan Foley, Jonathan Woodring

Research to Practice Series, Institute for Community Inclusion

Poverty programs have undergone substantial reform in the past decade, and there has been a heightened interest in exploring the experiences of people with disabilities who receive welfare benefits. This report profiles people with disabilities who had TANF, GA, or both at application to VR services and completed these services in the year 2003.


Research To Practice: Diabetes And Vocational Rehabilitation Employment Services And Outcomes, Jonathan Woodring, Susan Foley Jun 2005

Research To Practice: Diabetes And Vocational Rehabilitation Employment Services And Outcomes, Jonathan Woodring, Susan Foley

Research to Practice Series, Institute for Community Inclusion

Approximately 18 million people in the U.S. have diabetes. This brief uses Rehabilitation Services Administration data to provide a picture of people with diabetes using the Vocational Rehabilitation system.


Data Note: What Do Vocational Rehabilitation (Vr) Services Cost?, Institute For Community Inclusion, University Of Massachusetts Boston Feb 2005

Data Note: What Do Vocational Rehabilitation (Vr) Services Cost?, Institute For Community Inclusion, University Of Massachusetts Boston

Data Note Series, Institute for Community Inclusion

The VR system has the flexibility to purchase a wide array of services to support an employment outcome, including vocational evaluation, vocational training and postsecondary education, transportation, supported employment, interpreters, and adaptive equipment. VR services include core counseling and guidance provided by a VR counselor as well as services that are purchased based on an individual employment plan.


Predictors Of Attitudes And Turnover Intentions In People With Disabilities: The Importance Of Means-Efficacy, Naomi Charity Schmierer Jan 2005

Predictors Of Attitudes And Turnover Intentions In People With Disabilities: The Importance Of Means-Efficacy, Naomi Charity Schmierer

Theses Digitization Project

This study surveyed 107 working college students with varying disabilities. Individual, job, and organizational characteristics were evaluated for their ability to predict job satisfaction, organizational commitment, and turnover cognitions. One area this characteristic that was explored was that of an individual's perception of organizational resources related to legally mandated reasonable accommodations. Using hierarchal regression this study found that self-efficacy, job characteristics, and means-efficacy were key predictors of job satisfaction. Means-efficacy was the only one of these that was a predictor of turnover intentions.


Inside Unlv, Gian Galassi, Andy Grossman, Donna Mcaleer, Jennifer Vaughan, Carol C. Harter, Ronald Yasbin May 2004

Inside Unlv, Gian Galassi, Andy Grossman, Donna Mcaleer, Jennifer Vaughan, Carol C. Harter, Ronald Yasbin

Inside UNLV

No abstract provided.


Untangling Eligibility Requirements Under The Individuals With Disabilities Education Act, Robert A. Garda Jr. Apr 2004

Untangling Eligibility Requirements Under The Individuals With Disabilities Education Act, Robert A. Garda Jr.

Missouri Law Review

This Article attempts to untangle the web of Individuals with Disabilities Education Act eligibility standards in order to determine who is entitled to its extensive benefits. The overriding question addressed is whether children passing from grade to grade may still be IDEA eligible. When the Supreme Court stated famously in Board of Education of the Hendrick Hudson Central School District v. Rowley that not every child passing from grade to grade is receiving a free appropriate public education under IDEA, it necessarily recognized a class of children who were IDEA eligible despite passing marks. Identifying the characteristics of these children …


Walking The Centre Line: Balancing An Employee's Right To Privacy In Drug And Alcohol Policies In The Atlantic Offshore Oil Industry, Harold Smith, Joseph Anthony Oct 2003

Walking The Centre Line: Balancing An Employee's Right To Privacy In Drug And Alcohol Policies In The Atlantic Offshore Oil Industry, Harold Smith, Joseph Anthony

Dalhousie Law Journal

Should the principles applied to drug and alcohol testing on land be imported into the Atlantic offshore oil and gas industry? The authors take the position that there is room for the notion that the application of principles derived from safety sensitive land based industry ought not to be applied in a perfunctory or rote manner to the Atlantic offshore environment. The case law, since Entrop, shows a judicial tendency to apply the requirements established by the obiter dictum of Entrop. (Etrop dealt with safety sensitive but land-based industry.) The danger is that the principles, as developed by and since …


Classes Of 2002-2003, North Carolina Central School Of Law Jan 2002

Classes Of 2002-2003, North Carolina Central School Of Law

Class Profiles

No abstract provided.


The Provision Of School Health Services To Students With Disabilities: The Intersection Of Health Care Policy, Education And The Law In The Post-Garret F. Era, Leslie Seid Margolis Jan 2002

The Provision Of School Health Services To Students With Disabilities: The Intersection Of Health Care Policy, Education And The Law In The Post-Garret F. Era, Leslie Seid Margolis

Journal of Health Care Law and Policy

No abstract provided.


Educating Students With Complex Health Care Needs In Public Schools: The Intersection Of Health Care, Education, And The Law, Donna H. Lehr, Jill Greene Jan 2002

Educating Students With Complex Health Care Needs In Public Schools: The Intersection Of Health Care, Education, And The Law, Donna H. Lehr, Jill Greene

Journal of Health Care Law and Policy

No abstract provided.


The Idea's Promise Unfulfilled: A Second Look At Special Education & Related Services For Children With Mental Health Needs After Garret F, Ellen A. Callegary Jan 2002

The Idea's Promise Unfulfilled: A Second Look At Special Education & Related Services For Children With Mental Health Needs After Garret F, Ellen A. Callegary

Journal of Health Care Law and Policy

No abstract provided.


Educationally Related Mental Health Services For Children With Serious Emotional Disturbance: Addressing Barriers To Access Through The Idea, Lucy W. Shum Jan 2002

Educationally Related Mental Health Services For Children With Serious Emotional Disturbance: Addressing Barriers To Access Through The Idea, Lucy W. Shum

Journal of Health Care Law and Policy

No abstract provided.


Judy Cox, Plaintiff/Appellee V. Larry Cox, Defendant/Appellan : Brief Of Appellee, Utah Court Of Appeals Jan 2002

Judy Cox, Plaintiff/Appellee V. Larry Cox, Defendant/Appellan : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

JUDY COX, Plaintiff/Appellee, vs. LARRY COX, Defendant/Appellant. Appellate Case No. 20020183CA


Labor Law - Workers' Compensation - Eligibility - Scholarship Athlete Injured During Varsity Football Game Was Held Not To Be A University Employee And Was Therefore Stripped Of A Workers' Compensation Award - Waldrep V. Texas Employers Insurance Ass'n, 21 S.W.3d 692 (Tex. App. 2000), Petition For Review Denied, (Tex. Nov. 16, 2000) (No. 00-0929)., William C. Baton Dec 2001

Labor Law - Workers' Compensation - Eligibility - Scholarship Athlete Injured During Varsity Football Game Was Held Not To Be A University Employee And Was Therefore Stripped Of A Workers' Compensation Award - Waldrep V. Texas Employers Insurance Ass'n, 21 S.W.3d 692 (Tex. App. 2000), Petition For Review Denied, (Tex. Nov. 16, 2000) (No. 00-0929)., William C. Baton

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.


The United States Supreme Court's Limitations Of The Individuals With Disabilities Education Act Forces A Court To Prevent A Disabled Student From Receiving A Meaningful Public Education By Denying Him The Necessary Services Of Participation In Athletics, Lucy Kats Dec 2001

The United States Supreme Court's Limitations Of The Individuals With Disabilities Education Act Forces A Court To Prevent A Disabled Student From Receiving A Meaningful Public Education By Denying Him The Necessary Services Of Participation In Athletics, Lucy Kats

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.


Quality Of Life As Defined By Chinese Americans With Disabilities: Implications For Rehabilitation Services, Nan Zhang Hampton, Vickie Chang Aug 2001

Quality Of Life As Defined By Chinese Americans With Disabilities: Implications For Rehabilitation Services, Nan Zhang Hampton, Vickie Chang

Institute for Asian American Studies Publications

We hypothesized that Chinese Americans with disabilities may remain culturally attached to their ancestors' homeland and this cultural attachment may have influences on the concept of Quality of Life (QOL). That is, QOL may be perceived, by Chinese Americans with disabilities, not only as an individual's satisfaction with his or her life, but also the person's fulfillment of his or her responsibilities to his or her family and community. Of course, this hypothesis needs to be examined. Such an investigation may provide rehabilitation counselors with insights into the meaning of QOL from the viewpoint of Chinese Americans with disabilities. It …


Cedar Rapids Community School District V. Garret: Providing Medically Related Services To Children With Disabilities In Public Schools, Scott Shanker Feb 2001

Cedar Rapids Community School District V. Garret: Providing Medically Related Services To Children With Disabilities In Public Schools, Scott Shanker

Saint Louis University Law Journal

No abstract provided.


Making Up For Lost Time: The Third Circuit's Use Of Remedies For Violations Of The Individuals With Disabilities Education Act, Jean M. Bond Jan 2001

Making Up For Lost Time: The Third Circuit's Use Of Remedies For Violations Of The Individuals With Disabilities Education Act, Jean M. Bond

Villanova Law Review (1956 - )

No abstract provided.


Driving The Stake Into The Comparative Bad Faith Defense And Reverse Bad Faith Claims, Greg Munro Jan 2001

Driving The Stake Into The Comparative Bad Faith Defense And Reverse Bad Faith Claims, Greg Munro

Faculty Journal Articles & Other Writings

This article reviews case law precedent from Montana and California that exposes holes in the legal theory of comparative fault in insurance bad faith.


The Insurer's Reservation Of Rights Letter And The Duty To Defend, Greg Munro Jan 2001

The Insurer's Reservation Of Rights Letter And The Duty To Defend, Greg Munro

Faculty Journal Articles & Other Writings

This article examines the specific body of law and standard of care that has developed around the reservation of rights letters and the duty to defend.


Gordon Shearer V. Utah Labor Commission, Lin's Marketplace And Great American Insurance : Reply Brief, Utah Court Of Appeals Jan 2001

Gordon Shearer V. Utah Labor Commission, Lin's Marketplace And Great American Insurance : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

PETITION FOR REVIEW FROM ORDER OF THE UTAH LABOR COMMISSION


Gordon Shearer V. Utah Labor Commission, Lin's Marketplace And Great American Insurance : Brief Of Appellant, Utah Court Of Appeals Jan 2001

Gordon Shearer V. Utah Labor Commission, Lin's Marketplace And Great American Insurance : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

PETITION FOR REVIEW FROM ORDER OF THE UTAH LABOR COMMISSION


Labor Markets, Rationality, And Workers With Disabilities, Michael Ashley Stein Jul 2000

Labor Markets, Rationality, And Workers With Disabilities, Michael Ashley Stein

Faculty Publications

No abstract provided.


A Study In Double Standards, Discipline, And The Disabled Student, Anne Proffitt Dupre Jan 2000

A Study In Double Standards, Discipline, And The Disabled Student, Anne Proffitt Dupre

Washington Law Review

School violence and other school discipline issues erode trust and confidence in our public schools and inhibit students from obtaining the education necessary to participate meaningfully in our nation's democratic and political institutions. This Article examines an issue of school law that appears almost insoluble-what one judge has called the "exquisitely difficult" issue of school discipline and the disabled student. The issue is governed by the Individuals with Disabilities Education Act (IDEA, enacted in 1975), which imposes significant constraints on school authorities who wish to discipline disruptive or violent disabled students. School officials have stated that IDEA left them powerless …


The Practice Of Pediatrics In Pedagogy? The Costly Combination In Cedar Rapids Community School District V. Garret F., Jennifer L. Barnes Jan 2000

The Practice Of Pediatrics In Pedagogy? The Costly Combination In Cedar Rapids Community School District V. Garret F., Jennifer L. Barnes

University of Richmond Law Review

The Individuals with Disabilities Education Act ("IDEA")' was enacted in 1975 to ensure that all children with disabilities, like their nondisabled counterparts, have access to a free appropriate public education designed to meet their unique needs. This "appropriate education" mandate emphasizes the necessity of providing such children with special education and "related services," and federal funding is offered to state and local educational agencies to assist in implementing this objective.