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Articles 1 - 23 of 23
Full-Text Articles in Law
Pain Is Enough: Chronic Pain As Disability, Katherine L. Moore
Pain Is Enough: Chronic Pain As Disability, Katherine L. Moore
Buffalo Law Review
States have historically failed to recognize chronic pain as a disability. In medicine, chronic pain has gained increasing recognition as a disability in and of itself, even absent a current, medically determinable physical impairment. The law, however, has been slow to catch up. This Article argues that chronic pain is a disability, even without medical evidence of an underlying impairment, because of pain’s significant functional impact on the body and mind. In the 2018 case of Saunders v. Wilkie, the United States Court of Appeals for the Federal Circuit recognized that “pain is enough” for a veteran to be …
Temptation's Page Flies Out The Door: Navigating Complex Systems Of Disability And The Law From A Therapeutic Jurisprudence Perspective, Michael L. Perlin, Mehgan Gallagher
Temptation's Page Flies Out The Door: Navigating Complex Systems Of Disability And The Law From A Therapeutic Jurisprudence Perspective, Michael L. Perlin, Mehgan Gallagher
Buffalo Human Rights Law Review
No abstract provided.
A Silent Struggle: Constitutional Violations Against The Hearing Impaired In New York State Prisons, Farina Barth
A Silent Struggle: Constitutional Violations Against The Hearing Impaired In New York State Prisons, Farina Barth
Journal Articles
No abstract provided.
Termination Of Parental Rights Of Mentally Disabled Parents In New York: Suggestions For Fixing An Overbroad, Outdated Statute, Brandon R. White
Termination Of Parental Rights Of Mentally Disabled Parents In New York: Suggestions For Fixing An Overbroad, Outdated Statute, Brandon R. White
Buffalo Public Interest Law Journal
No abstract provided.
20 U.S.C. § 1406(B), Brian J. Levy
An Eye Toward Effective Enforcement: A Technical-Comparative Approach To The Drafting Negotiations, Tara J. Melish
An Eye Toward Effective Enforcement: A Technical-Comparative Approach To The Drafting Negotiations, Tara J. Melish
Contributions to Books
Published as Chapter 5 in Human Rights and Disability Advocacy, Maya Sabatello & Marianne Schulze, eds.
The unprecedented level of civil society participation that took place in the drafting of the U.N. Convention on the Rights of Persons with Disabilities (CRPD) constitutes a major key to its success -- laying a solid foundation for the much longer and harder process of implementation ahead. This piece addresses how one civil society organization -- Disability Rights International (DRI) -- approached the negotiation process. Part I explains the strategic approach DRI adopted, highlighting its methodology, the guiding principles it embraced, and the resulting …
How The Biological/Social Divide Limits Disability And Equality, Martha T. Mccluskey
How The Biological/Social Divide Limits Disability And Equality, Martha T. Mccluskey
Journal Articles
What is disability - a biological or social condition? In the conventional equality frameworks, the division between biology and social identity puts disability at the bottom of the formal equality hierarchy, but at the top of the substantive equality hierarchy. Compared with race and then gender, disability deserves the least protection against formal discrimination, on the theory that disadvantages are based on real and relevant functional differences more than on suspect social judgments. But turning to substantive equality, disability’s supposed greater biological basis justifies affirmative accommodation of difference, compared to the social differences of race, with gender in the middle …
Technical Standards For Admission To Medical School: Deaf Candidates Don't Get No Respect, Michael Schwartz
Technical Standards For Admission To Medical School: Deaf Candidates Don't Get No Respect, Michael Schwartz
Buffalo Public Interest Law Journal
No abstract provided.
Broken Promises: When Does A School's Failure To Implement An Individualized Education Program Deny A Disabled Student A Free And Appropriate Public Education, David Ferster
Buffalo Public Interest Law Journal
No abstract provided.
The Bar Examination, Tony W. Torain, Jo Anne Simon, Melinda Saran, Barbara Hergenroeder
The Bar Examination, Tony W. Torain, Jo Anne Simon, Melinda Saran, Barbara Hergenroeder
Journal Articles
Transcript of Panel 3: The Bar Examination, from Assisting Law Students with Disabilities in the 21st Century: Brass Tacks, Washington, DC, March 28, 2007.
Identity As Inclusion, Jerome Bruner
Identity As Inclusion, Jerome Bruner
Buffalo Law Review
Book review of David M. Engel and Frank W. Munger's Rights of Inclusion: Law and Identity in the Life Stories of Americans with Disabilities
Re-Interpreting The Effect Of Rights: Career Narratives And The Americans With Disabilities Act, David M. Engel, Frank W. Munger
Re-Interpreting The Effect Of Rights: Career Narratives And The Americans With Disabilities Act, David M. Engel, Frank W. Munger
Journal Articles
No abstract provided.
Beyond The Americans With Disabilities Act: A National Employment Policy For People With Disabilities, Mark C. Weber
Beyond The Americans With Disabilities Act: A National Employment Policy For People With Disabilities, Mark C. Weber
Buffalo Law Review
No abstract provided.
Civil Rights And Self-Concept: Life Stories Of Law, Disability, And Employment, David M. Engel, Frank W. Munger
Civil Rights And Self-Concept: Life Stories Of Law, Disability, And Employment, David M. Engel, Frank W. Munger
Journal Articles
No abstract provided.
The Disabled Employee And Reasonable Accommodation Under The Minnesota Human Rights Act: Where Does Absenteeism Attributable To The Disability Fit Into The Law? Lindgren V. Harmon Glass Co., 489 N.W.2d 804 (Minn. Ct. App. 1992), Laura Reilly
Journal Articles
No abstract provided.
Maximizing Potential For Self-Sufficient Living After Board Of Education V Rowley, Elizabeth Drake
Maximizing Potential For Self-Sufficient Living After Board Of Education V Rowley, Elizabeth Drake
In the Public Interest
No abstract provided.
Law, Culture, And Children With Disabilities: Educational Rights And The Construction Of Difference, David M. Engel
Law, Culture, And Children With Disabilities: Educational Rights And The Construction Of Difference, David M. Engel
Journal Articles
No abstract provided.
Law Students With Disabilities: Removing Barriers In The Law School Community, David M. Engel, Alfred S. Konefsky
Law Students With Disabilities: Removing Barriers In The Law School Community, David M. Engel, Alfred S. Konefsky
Buffalo Law Review
No abstract provided.
The Judge Who Could Not Tell His Right From His Left And Other Tales Of Learning Disabilities, Jeffry Gallet
The Judge Who Could Not Tell His Right From His Left And Other Tales Of Learning Disabilities, Jeffry Gallet
Buffalo Law Review
No abstract provided.
Selective Persecution: An Examination Of The Social Security Administration Continuing Disability Investigation Process Of The Mentally Disabled, Noel Martlock
In the Public Interest
No abstract provided.
Handicapped Accessibility: A Personal Account, Barbara G. Barton
Handicapped Accessibility: A Personal Account, Barbara G. Barton
In the Public Interest
No abstract provided.
"Suspect Class" Revisited: An Alternative View Of "Handicap", Nell J. Mohn
"Suspect Class" Revisited: An Alternative View Of "Handicap", Nell J. Mohn
In the Public Interest
No abstract provided.
Injection Or Rejection: The Right To Refuse Psychotropic Drugs, Howard Berger
Injection Or Rejection: The Right To Refuse Psychotropic Drugs, Howard Berger
In the Public Interest
No abstract provided.