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Full-Text Articles in Law

Pain Is Enough: Chronic Pain As Disability, Katherine L. Moore Dec 2021

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 Jan 2019

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 Sep 2017

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Termination Of Parental Rights Of Mentally Disabled Parents In New York: Suggestions For Fixing An Overbroad, Outdated Statute, Brandon R. White Sep 2015

Termination Of Parental Rights Of Mentally Disabled Parents In New York: Suggestions For Fixing An Overbroad, Outdated Statute, Brandon R. White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 Apr 2014

20 U.S.C. § 1406(B), Brian J. Levy

Buffalo Law Review

No abstract provided.


An Eye Toward Effective Enforcement: A Technical-Comparative Approach To The Drafting Negotiations, Tara J. Melish Jan 2014

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 Jan 2010

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 Sep 2009

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 Sep 2009

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 Jan 2007

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 Jan 2005

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 Jan 2001

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 Jan 1998

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 Jan 1998

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 Jan 1993

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 Apr 1991

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 Feb 1991

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 Apr 1990

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 Oct 1988

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 Apr 1985

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 Apr 1983

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 Apr 1983

"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 Oct 1980

Injection Or Rejection: The Right To Refuse Psychotropic Drugs, Howard Berger

In the Public Interest

No abstract provided.