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Full-Text Articles in Law
Civil Rights Have A Place In Conversation, Wendy Hensel
Civil Rights Have A Place In Conversation, Wendy Hensel
Wendy F. Hensel
No abstract provided.
Recent Developments In Voucher Programs For Students With Disabilities, Wendy Hensel
Recent Developments In Voucher Programs For Students With Disabilities, Wendy Hensel
Wendy F. Hensel
No abstract provided.
Bridging The Physical-Mental Gap: An Empirical Look At The Impact Of Mental Illness Stigma On Ada Outcomes, Wendy Hensel, Gregory Jones
Bridging The Physical-Mental Gap: An Empirical Look At The Impact Of Mental Illness Stigma On Ada Outcomes, Wendy Hensel, Gregory Jones
Wendy F. Hensel
A plaintiff who seeks redress for disability discrimination under the Americans with Disabilities Act must first show that he or she is "disabled" within the meaning of the statute. There is no question that all plaintiffs have experienced difficulty in making this showing as a result of several Supreme Court decisions narrowing the definition of "disability."Many scholars have argued that courts do not appreciate the social construction of disability and focus too much attention on medical diagnoses and functional limitations rather than the impact of societal attitudes and prejudices. Some scholars have gone further, however, to theorize that individuals alleging …
Wrongful Discharge, Wendy Hensel, J. Mcginty
Sharing The Short Bus: Eligibility And Identity Under The Idea, Wendy Hensel
Sharing The Short Bus: Eligibility And Identity Under The Idea, Wendy Hensel
Wendy F. Hensel
This article explores the impact of the rising number of children in special education on eligibility under the Individuals with Disabilities Education Act. At the heart of the eligibility debate is the question of which children are disabled enough to qualify for protection and services under the statute. Although many scholars have evaluated the parameters of disability under the ADA, few have done so in the context of the IDEA. This article explores this issue and concludes that calls to restrict the protected class to the truly disabled, as defined to include only those children with the most severe impairments, …
The Disabling Impact Of Wrongful Birth And Wrongful Life Actions, Wendy Hensel
The Disabling Impact Of Wrongful Birth And Wrongful Life Actions, Wendy Hensel
Wendy F. Hensel
This article explores the torts of wrongful birth and wrongful life, which primarily arise when a physician or laboratory is negligent in the context of pre-natal genetic testing. In wrongful birth actions, the parents claim that if they had been properly informed of the genetic defect, they would have aborted their now-existing child or prevented his conception. In wrongful life actions, the disabled child brings suit in his own name claiming that it would have been better if he had never existed in the first place. Central to such actions is the child's assertion that his parents rightfully should have …
Valuing Lives: Allocating Scarce Medical Resources During A Public Health Emergency And The Americans With Disabilities Act, Leslie Wolf, Wendy Hensel
Valuing Lives: Allocating Scarce Medical Resources During A Public Health Emergency And The Americans With Disabilities Act, Leslie Wolf, Wendy Hensel
Wendy F. Hensel
Public health emergencies from natural disasters, infection, and man-made threats can present ethically or legally challenging questions about who will receive scarce resources. Federal and state governments have offered little guidance on how to prioritize distribution of limited resources. Several allocation proposals have appeared in the medical literature, but components of the proposed approaches violate federal antidiscrimination laws and ethical principles about fair treatment. Further planning efforts are needed to develop practical allocation guidelines that comport with antidiscrimination laws and the moral commitment to equal access reflected in those laws.
Upgrades To Ada Product Of Bipartisan Cooperation, Wendy Hensel
Upgrades To Ada Product Of Bipartisan Cooperation, Wendy Hensel
Wendy F. Hensel
No abstract provided.
Interacting With Others: A Major Life Activity Under The Americans With Disabilities Act?, Wendy Hensel
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, Wendy Hensel
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 …
Voucher Bill Ignores System Abuse, Costs, Wendy Hensel
Voucher Bill Ignores System Abuse, Costs, Wendy Hensel
Wendy F. Hensel
No abstract provided.
The Case For Inclusive Eligibility Under The Individuals With Disabilities In Education Act, Wendy Hensel
The Case For Inclusive Eligibility Under The Individuals With Disabilities In Education Act, Wendy Hensel
Wendy F. Hensel
No abstract provided.