Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Marquette University Law School (12)
- Georgia State University College of Law (4)
- University of Maine School of Law (4)
- Northwestern Pritzker School of Law (2)
- Pepperdine University (2)
-
- St. John's University School of Law (2)
- Cleveland State University (1)
- Duke Law (1)
- Loyola Marymount University and Loyola Law School (1)
- Mitchell Hamline School of Law (1)
- SJ Quinney College of Law, University of Utah (1)
- UIC School of Law (1)
- University of Massachusetts School of Law (1)
- University of Oklahoma College of Law (1)
- University of Richmond (1)
- Villanova University Charles Widger School of Law (1)
- Keyword
-
- Disability (7)
- ADA (6)
- Discrimination (6)
- Disabilities (4)
- Ada (3)
-
- Healthism (3)
- Americans with Disabilities Act (2)
- Americans with disabilities act (2)
- Board of Education of Hendrick Hudson Central School District (2)
- Disabled (2)
- Employment (2)
- Health Care (2)
- IDEA (2)
- Individuals with Disabilities Education Act (2)
- Intersectionality (2)
- Medical Care (2)
- Rowley (2)
- Uber (2)
- ABLE (1)
- Abortion (1)
- Abortion Politics (1)
- Access Now v. Southwest Airlines (1)
- Accommodation (1)
- Account (1)
- Act (1)
- Advocacy (1)
- Aids (1)
- Ambiguity (1)
- American (1)
- Americans (1)
- Publication
-
- Marquette Benefits and Social Welfare Law Review (11)
- Georgia State University Law Review (4)
- Maine Law Review (4)
- Journal of the National Association of Administrative Law Judiciary (2)
- The Catholic Lawyer (2)
-
- Cleveland State Law Review (1)
- Duke Law & Technology Review (1)
- Journal of Criminal Law and Criminology (1)
- Loyola of Los Angeles Law Review (1)
- Marquette Sports Law Review (1)
- Mitchell Hamline Law Journal of Public Policy and Practice (1)
- Northwestern Journal of Law & Social Policy (1)
- Oklahoma Journal of Law and Technology (1)
- UIC Law Review (1)
- University of Massachusetts Law Review (1)
- University of Richmond Law Review (1)
- Utah Law Review (1)
- Villanova Law Review (1)
Articles 1 - 30 of 36
Full-Text Articles in Law
Depression: The Often Overlooked Sequela Of Head Trauma, Samuel D. Hodge Jr., Jack E. Hubbard
Depression: The Often Overlooked Sequela Of Head Trauma, Samuel D. Hodge Jr., Jack E. Hubbard
Cleveland State Law Review
Depression is a common sequela of head trauma. Approximately half of all individuals with a cranial injury will experience depression within the first year, regardless of the severity of the injury. The ailment is characterized clinically as a mood disorder, often associated with intense feelings of sadness. However, depression is more complex than mood disorders, as many mental and bodily complaints—such as insomnia, fatigue, anxiety, appetite changes, aches and pains, and lack of interest in previously enjoyable activities—are associated with depression. These intense feelings, particularly when combined with despair and hopelessness, can lead to suicide, a dreaded potential complication of …
Rectifying The Tilt: Equality Lessons From Religion, Disability, Sexual Orientation, And Transgender, Chai R. Feldblum
Rectifying The Tilt: Equality Lessons From Religion, Disability, Sexual Orientation, And Transgender, Chai R. Feldblum
Maine Law Review
The joy and the challenge of being located in an academic setting is that I am also able to engage in forays (albeit intermittent forays) into scholarly analysis. Delivering this lecture, and publishing this piece, provides an excellent opportunity for me to engage in such a foray. This piece, then, is a scholarly reflection on my advocacy experiences. My goal is to use my experiences in advocacy as fertile soil from which to create, I hope, a lovely flower of theory and conceptual thought. Before setting out on this endeavor, however, I would like to offer two postulates. There are …
Taking Care Of Business And Protecting Maine's Employees: Supervisor Liability For Employment Discrimination Under The Maine Human Rights Act, Katharine I. Rand
Taking Care Of Business And Protecting Maine's Employees: Supervisor Liability For Employment Discrimination Under The Maine Human Rights Act, Katharine I. Rand
Maine Law Review
On the heels of federal legislation prohibiting employment discrimination most states, including Maine, have enacted their own civil or human rights statutes aimed at eliminating discriminatory behavior in the workplace. Like its federal counterpart, Title VII of the Civil Rights Act of 1964 (Title VII), the Maine Human Rights Act, enacted in 1971, prohibits employers from discriminating on the basis of race, gender, age, religion, or national origin and provides a civil remedy for victims of employment discrimination. Moreover, like Title VII, the question of just who constitutes a liable “employer” under the Maine Human Rights Act has been the …
Hiv And The Ada: What Is A Direct Threat?, Dawn-Marie Harmon
Hiv And The Ada: What Is A Direct Threat?, Dawn-Marie Harmon
Maine Law Review
Anne, a surgical technician at a local hospital, recently learned that she was HIV-positive. She works in the emergency room and, as a part of her job, she hands surgical instruments to doctors performing emergency surgery. It is a fast paced and unpredictable environment. Her hands often come in contact with sharp instruments. Although Anne has never put her hands into a patient's body cavity, there is a remote possibility that she may need to do so in the future. There is always a possibility, however small, that she will cut herself and come into blood-to-blood contact with a doctor …
Defining "Disability" Under The Maine Human Rights Act After Whitney V. Wal-Mart Stores, Inc., Michael J. Anderson
Defining "Disability" Under The Maine Human Rights Act After Whitney V. Wal-Mart Stores, Inc., Michael J. Anderson
Maine Law Review
In Whitney v. Wal-Mart Stores, Inc., the Maine Supreme Judicial Court, sitting as the Law Court, was asked to determine whether the Maine Human Rights Act (MHRA) requires plaintiffs alleging disability discrimination to show that their condition substantially limits one or more major life activities. In determining that the MHRA does not require such a showing, the court effectively established that the MHRA was intended to protect a much broader range of medical conditions than its federal counterparts, the Rehabilitation Act of 1973 (Rehabilitation Act) and the Americans with Disabilities Act of 1990 (ADA). In so doing, the Whitney court …
A Primer On Able Accounts, Christopher T. Mcgee, G. Alisa Ferguson
A Primer On Able Accounts, Christopher T. Mcgee, G. Alisa Ferguson
University of Richmond Law Review
No abstract provided.
The Americans With Disabilities Act, Section 504, And Church-Related Institutions, John A. Liekweg
The Americans With Disabilities Act, Section 504, And Church-Related Institutions, John A. Liekweg
The Catholic Lawyer
No abstract provided.
Disabilities Discrimination Under The Americans With Disabilities Act, Thomas P. Murphy
Disabilities Discrimination Under The Americans With Disabilities Act, Thomas P. Murphy
The Catholic Lawyer
No abstract provided.
Table Of Contents
Marquette Benefits and Social Welfare Law Review
No abstract provided.
An Intersectional Approach To Homelessness: Discrimination And Criminalization
An Intersectional Approach To Homelessness: Discrimination And Criminalization
Marquette Benefits and Social Welfare Law Review
The purpose of this essay is to address discrimination against homeless people. First of all, the theory of intersectionality will be explained and then applied as a method of analysis. The complexity of defining homelessness will be tackled, focusing on the difficulties encountered when approaching this concept. I will discuss notions of protected ground and immutability of personal characteristics, then outline an intersectional approach to homelessness. Intersectional discrimination has not yet been applied by many courts and tribunals, but Canada has proven to be a vanguard in this area. For this reason, Canadian case law has been chosen as the …
Activation Measures In Social Security: Lessons From The Dutch Case
Activation Measures In Social Security: Lessons From The Dutch Case
Marquette Benefits and Social Welfare Law Review
Dutch social security has undergone important changes since the 1990s, in that the focus shifted from predominantly compensating the loss of income into giving incentives for claimants and benefits recipients to stay in or get back to work. While still providing a relatively high level of benefit if there is no chance to work (to the full extent), the legislature has been quite creative in adopting conditions that stimulate persons to do their best to be in work. For this purpose, this is interesting for an American audience, since the USA system is far less generous out of fear that …
The Prosecution Of Climate Change Dissent
The Prosecution Of Climate Change Dissent
Marquette Benefits and Social Welfare Law Review
A May 2015 op-ed in the Washington Post by Sen. Sheldon Whitehouse (D. RI) accused the fossil fuel industry of funding a campaign to mislead Americans about the environmental harm caused by carbon pollution. The Attorney Generals of New York and Massachusetts began investigating Exxon Mobil. We look at these two investigations through the lenses of the federal mail and wire fraud statutes (at issue in the racketeering case against big tobacco), and the First Amendment.
We analyze the difficulty of prosecuting someone under the federal mail and wire fraud statutes for expressing an opinion, and discuss why scientific statements …
E-Commerce And The Americans With Disabilities Act: Failing To Extend The Ada To The Internet In Access Now V. Southwest Airlines, Emily Short
Oklahoma Journal of Law and Technology
No abstract provided.
Uncomfortably Numb: The Third Circuit Checks State's Forced Medication Policy In Disability Rights New Jersey V. Commissioner, New Jersey Department Of Human Services, Michael Walker
Villanova Law Review
No abstract provided.
2016-2017 Georgia State University Law Review Symposium: Exploring The Right To Die In The U.S., Margaret Pabst Battin
2016-2017 Georgia State University Law Review Symposium: Exploring The Right To Die In The U.S., Margaret Pabst Battin
Georgia State University Law Review
This transcript is a reproduction of the Keynote Presentation at the 2016–2017 Georgia State University Law Review Symposium on November 11, 2016. Margaret Battin, is a Distinguished Professor of Philosophy and Adjunct Professor of Internal Medicine at the University of Utah.
Unbefriended And Unrepresented: Better Medical Decision Making For Incapacitated Patients Without Healthcare Surrogates, Thaddeus Mason Pope
Unbefriended And Unrepresented: Better Medical Decision Making For Incapacitated Patients Without Healthcare Surrogates, Thaddeus Mason Pope
Georgia State University Law Review
The purpose of this Article is to help improve the quality of healthcare decision making for the unbefriended. I hope that this comprehensive and systematic explanation of both the problem and the available solutions will empower both public and clinical policymakers to develop more informed and more circumspect policies and procedures
Uber’S Dilemma: How The Ada May End The On-Demand Economy, Bryan Casey
Uber’S Dilemma: How The Ada May End The On-Demand Economy, Bryan Casey
University of Massachusetts Law Review
This article is the first to point out that a few relatively low-profile lawsuits involving Uber’s liability under the ADA could have an outcome-determinative effect on O’Connor v. Uber Technologies, Inc., the blockbuster employment misclassification case brought against the startup by its own drivers. Because both types of lawsuits hinge on the role that drivers play within Uber’s business model, a ruling in favor of ADA liability which compelled Uber to exert additional control over its drivers would also, in turn, jeopardize the drivers’ legal status as independent contractors. Such an outcome would be catastrophic to Uber’s core business model, …
The Disability Politics Of Abortion, Mary Ziegler
The Disability Politics Of Abortion, Mary Ziegler
Utah Law Review
With Ohio considering passing the nation’s second ban on abortions motivated by Down Syndrome, the relationship between abortion and disability law has taken on new importance. Disability based bans raise unique legal, moral, and political difficulties for those supporting legal abortion. The core commitments supporting legal abortion—including sex equality—stand in some tension with justifying abortion in the case of a fetal defect or disability.
Given the problems with disability-based bans, it may seem that there is no urgent need to resolve these tensions. Disability-based statutes likely create an impermissible undue burden under Planned Parenthood of Southeastern v. Casey and seem …
An Empirical Assessment Of Georgia’S Beyond A Reasonable Doubt Standard To Determine Intellectual Disability In Capital Cases, Lauren Sudeall Lucas
An Empirical Assessment Of Georgia’S Beyond A Reasonable Doubt Standard To Determine Intellectual Disability In Capital Cases, Lauren Sudeall Lucas
Georgia State University Law Review
In Atkins v. Virginia, the Supreme Court held that execution of people with intellectual disabilities violates the Eighth Amendment’s prohibition on cruel and unusual punishment. In doing so, the Court explicitly left to the states the question of which procedures would be used to identify such defendants as exempt from the death penalty. More than a decade before Atkins, Georgia was the first state to bar execution of people with intellectual disability. Yet, of the states that continue to impose the death penalty as a punishment for capital murder, Georgia is the only state that requires capital defendants …
Higher Education Institutions' Treatment Of Students Deemed A "Direct Threat" To Themselves And The Ada, Dana Martin
Higher Education Institutions' Treatment Of Students Deemed A "Direct Threat" To Themselves And The Ada, Dana Martin
Northwestern Journal of Law & Social Policy
As the rates of mental illness among college students continues to rise, colleges and universities are faced with new challenges in appropriately accommodating their students who struggle with these conditions. Unfortunately, misunderstanding and stigmatization of mental illness coupled with the fear of being the site of the next on-campus violent tragedy often leads schools to act adversely to the best interest of the student exhibiting at-risk behavior. This Note examines recent actions taken by schools against students demonstrating suicidal behavior in the context of Title II of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act of …
The Rowley Enigma: How Much Weight Is Due To Idea State Administrative Proceedings In Federal Court?, Daniel W. Morton-Bentley
The Rowley Enigma: How Much Weight Is Due To Idea State Administrative Proceedings In Federal Court?, Daniel W. Morton-Bentley
Journal of the National Association of Administrative Law Judiciary
In this article, I argue that the phrase "due weight" incorporates a deferential review standard equivalent to the clear error or substantial evidence standard, a conclusion reached by a minority of the circuit courts of appeal. I further argue that, consistent with Rowley, federal courts must afford due weight to administrative officers' substantive or educational conclusions, but no weight to their procedural or non-educational conclusions. Part II offers a general outline of the IDEA, giving special attention to its judicial review provisions. In Part III, I provide a general discussion of judicial review of administrative adjudication. Part IV is devoted …
The Third Dimension Of Fape Under The Idea: Iep Implementation, Perry A. Zirkel, Edward T. Bauer
The Third Dimension Of Fape Under The Idea: Iep Implementation, Perry A. Zirkel, Edward T. Bauer
Journal of the National Association of Administrative Law Judiciary
This article provides a synthesis of the three approaches to IEP implementation cases. More specifically, Part I summarizes the materiality/benefit approach, which-like the two-step approach for procedural violations but on a more intertwined basis-requires both a substantial non-implementation and an insufficient benefit. Part II summarizes the materiality-alone approach, which requires only a substantial failure. Part III summarizes the per se approach, which results in a denial of FAPE for any failure to implement beyond one that is clearly de minimis. Finally, Part IV provides conclusions and recommendations for IHOs in light of the incomplete precedential pattern to date. The overall …
Websites As Facilities Under Ada Title Iii, Ryan C. Brunner
Websites As Facilities Under Ada Title Iii, Ryan C. Brunner
Duke Law & Technology Review
Title III of the Americans with Disabilities Act requires public accommodations—private entities that offer goods or services to the public—to be accessible to individuals with disabilities. There is an ongoing debate about whether Title III applies to websites that offer services to the public, but this debate may be resolved in the coming years by litigation or Department of Justice regulations. Assuming for the sake of argument that Title III will eventually be applied to websites, the next inquiry is what that application should look like. The regulatory definition of “facilities” should be amended to include nonphysical places of public …
Disability Rights In The Age Of Uber: Applying The Americans With Disabilities Act Of 1990 To Transportation Network Companies, Rachel Reed
Georgia State University Law Review
Within the past year, individual plaintiffs and disability rights organizations have initiated a number of lawsuits against Uber, and similar companies like Lyft, alleging violations of Title III of the Americans with Disabilities Act of 1990 (Title III). In each of these cases, the plaintiffs’ success turns on affirmatively answering one significant threshold question: Whether Uber, or a similar entity, falls within the scope of Title III. Traditional taxi companies fall squarely within the Americans with Disabilities Act of 1990’s (ADA) coverage under 42 U.S.C. § 12184 (§ 12184), which governs private companies that provide transportation services. Given the similarities …
Some Thoughts On "Healthism" And Employee Benefits In The Age Of Trump
Some Thoughts On "Healthism" And Employee Benefits In The Age Of Trump
Marquette Benefits and Social Welfare Law Review
None
Tobacco Denormalization, Anti-Healthism, And Health Justice
Tobacco Denormalization, Anti-Healthism, And Health Justice
Marquette Benefits and Social Welfare Law Review
None
Healthism, Intersectionality, And Health Insurance: The Compounded Problems Of Healthist Discrimination
Marquette Benefits and Social Welfare Law Review
Healthism can identify situations where a person is subject to a particular form of bigotry based on their individual health status. In health insurance, some forms of healthism are unavoidable due to the very nature of health insurance structures. However, when analyzing health insurance programs, particularly those that are funded through government, it is possible to utilize a healthism framework to, first, recognize and minimize and potentially ameliorate the worst effects of healthism combined with intersectionality. This Essay analyzes these issues as they relate to health insurance, Medicare, and the potential role of the Independent Payment Advisory Board.
Essay: Setting The Bases Of A Policy Framework To Cover Old-Age Risk
Essay: Setting The Bases Of A Policy Framework To Cover Old-Age Risk
Marquette Benefits and Social Welfare Law Review
This Essay proposes a coherent vision about the protection of old-age pensions and establishes a public policy strategy that allows the protection of a country's entire population. If attempts to connect the action of the State, through the notion of the welfare state, with the protection of pension systems. It proposes three levels of protection: (1) the welfare state, (2) state regulation, and (3) pension scheme regulation. The first Section of this Essay reviews welfare states, explains their categories, and discusses their protective effects. The second Section examines how to structure the various pension schemes into a coherent pension system …
Intersectional Complications Of Healthism
Intersectional Complications Of Healthism
Marquette Benefits and Social Welfare Law Review
None
Let Them Frye: Frye Hearings For Determination Of "Mental Disorders" In The Sexually Violent Persons Act, Hannah Henkel
Let Them Frye: Frye Hearings For Determination Of "Mental Disorders" In The Sexually Violent Persons Act, Hannah Henkel
Journal of Criminal Law and Criminology
Specific laws aimed at the confinement of mentally disabled sexually violent persons have existed for years. Originally, these laws aimed to rehabilitate a person within a mental hospital and help him with his disorders, aiming to help him enter back into society. However, throughout the years, the laws morphed into ways to keep convicted criminals from society after their prison sentence ended for fear of potential future crimes. In Illinois, the courts find a man falls within the sexually violent persons law when he remains too dangerous to be released after his criminal confinement. A person must have a “mental …