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Articles 1 - 23 of 23
Full-Text Articles in Law
Research To Practice: Barriers To Transition Planning For Parents Of Adolescents With Special Health Care Needs, Jaimie Ciulla Timmons, James P. Mcintyre Jr., Jean Whitney-Thomas, John Butterworth, Deborah Allen
Research To Practice: Barriers To Transition Planning For Parents Of Adolescents With Special Health Care Needs, Jaimie Ciulla Timmons, James P. Mcintyre Jr., Jean Whitney-Thomas, John Butterworth, Deborah Allen
Research to Practice Series, Institute for Community Inclusion
An examination of the transition planning experiences and concerns of family members of young adults with special health care needs.
The Form And Substance Of Ethics: Prenatal Diagnosis In The Baird Report, Rachel Ariss
The Form And Substance Of Ethics: Prenatal Diagnosis In The Baird Report, Rachel Ariss
Dalhousie Law Journal
This article analyses the employment of textual tactics in the Final Report of the Royal Commission on New Reproductive Technologies. The author argues that the Commission uses these tactics to persuade several different audiences that its stance is correct, and simultaneously to manage dissent over new reproductive technologies. Analysis of textual tactics opens the ethical position of the Commission to substantive questioning. The authorfocuses on the Commission's discussion of prenatal diagnosis for genetic anomalies and concludes that the Commission fails to engage with ethical arguments put forward by persons with disabilities and their advocates. The conclusion also encourages the development …
Research To Practice: Employing People With Disabilities: Small Business Concerns And Recommendations, Oce Harrison
Research To Practice: Employing People With Disabilities: Small Business Concerns And Recommendations, Oce Harrison
Research to Practice Series, Institute for Community Inclusion
Survey results from Massachusetts small businesses regarding hiring and employing people with disabilities.
Controlled Impairments Under The Americans With Disabilities Act: A Search For The Meaning Of "Disability", Erica Worth Harris
Controlled Impairments Under The Americans With Disabilities Act: A Search For The Meaning Of "Disability", Erica Worth Harris
Washington Law Review
The Americans with Disabilities Act (ADA) protects individuals with disabilities from discrimination. Since its passage in 1991, the number of individuals seeking protection under the Act has steadily increased and the types of impairments claimed to qualify as disabilities have dramatically expanded. Many disability claims test the boundaries of the Act and reveal a muddied conception of what constitutes a disability for purposes of the ADA. This Article investigates the meaning of the term disability to define more clearly who should benefit under the Act. By focusing on controlled impairments, a group of disability claims that has produced a split …
What Constitutes A "Disability" Under The Americans With Disabilities Act: Should Courts Consider Mitigating Measures?, Maureen R. Walsh
What Constitutes A "Disability" Under The Americans With Disabilities Act: Should Courts Consider Mitigating Measures?, Maureen R. Walsh
Washington and Lee Law Review
No abstract provided.
Biting The Hand That Feeds Them-State Prisons And The Ada: Responding To Amos V. Maryland Department Of Public Safety & Correctional Services, Jennifer L. Lange
Biting The Hand That Feeds Them-State Prisons And The Ada: Responding To Amos V. Maryland Department Of Public Safety & Correctional Services, Jennifer L. Lange
BYU Law Review
No abstract provided.
Research To Practice: Grant Development And Decision-Making: Comparison Of Funding Agencies And Community-Based Minority Organizations, Institute For Community Inclusion, University Of Massachusetts Boston
Research To Practice: Grant Development And Decision-Making: Comparison Of Funding Agencies And Community-Based Minority Organizations, Institute For Community Inclusion, University Of Massachusetts Boston
Research to Practice Series, Institute for Community Inclusion
This report compares the perspectives of government funding agencies and community-based minority organizations on grant development and decision-making, and gives recommendations on how these groups can work together effectively to fund disability programs.
Asymptomatic Hiv As A Disability Under The Americans With Disabilities Act, Elizabeth C. Chambers
Asymptomatic Hiv As A Disability Under The Americans With Disabilities Act, Elizabeth C. Chambers
Washington Law Review
The Americans with Disabilities Act (ADA) does not state whether it prohibits discrimination against individuals who are infected with HIV but asymptomatic. Some courts have held that the language of the ADA is unambiguous and does not cover asymptomatic HIV as a disability because the virus is not an "impairment" that substantially limits a "major life activity." Other courts have looked behind the statutory language and found that Congress intended to protect asymptomatic individuals with HIV because the virus impairs one's ability to procreate and/or engage in sexual relations. This Comment argues that asymptomatic individuals with HIV are indeed protected …
The Holy And The Handicapped: An Examination Of The Different Applications Of The Reasonable-Accommodation Clauses In Title Vii And The Ada, Alan D. Schuchman
The Holy And The Handicapped: An Examination Of The Different Applications Of The Reasonable-Accommodation Clauses In Title Vii And The Ada, Alan D. Schuchman
Indiana Law Journal
No abstract provided.
Research To Practice: Disability Organizations' Perspectives On The Needs Of Youth With Disabilities Who Are Runaway Or Homeless, David Temelini, Sheila Fesko
Research To Practice: Disability Organizations' Perspectives On The Needs Of Youth With Disabilities Who Are Runaway Or Homeless, David Temelini, Sheila Fesko
Research to Practice Series, Institute for Community Inclusion
Findings from a national survey of state-level disability organizations on issues regarding runaway or homeless youth who have disabilities.
The First Step Forward—The Aids Dismissal Case And The Protection Against Aids-Based Employment Discrimination In Japan, Marc Lim
Washington International Law Journal
The fight against AIDS in Japan, a journey that has encountered much resistance from a Japanese public and corporate sector ill-educated on the disease, may have taken a new turn. Before 1995, employees infected with HIV or suffering from AIDS had little recourse in fighting against the discrimination they faced in their private lives and in the Japanese corporate sector. With the AIDS Dismissal Case, the Japanese judiciary, in a show of judicial activism, found the dismissal of an HIV-infected worker based upon his HIV status illegal and an infringement upon the worker's human rights. In addition, the court found …
Is Hiv "Extraordinary"?, Jordan B. Hansell
Is Hiv "Extraordinary"?, Jordan B. Hansell
Michigan Law Review
The Sentencing Reform Act of 1984 (the "Act") attempts to reduce inconsistencies in the sentences of defendants convicted of comparable crimes. The Act created a Sentencing Commission (the "Commission") and authorized it to promulgate a set of sentencing guidelines to steer judicial decisionmaking. To fulfill this mandate, the Commission drafted the Federal Sentencing Guidelines (the "Guidelines"), which Congress enacted in 1987. Although Congress wanted to eliminate sentencing disparities, it also wanted to allow some degree of individualized sentencing. To achieve the correct balance, the Commission created three categories of characteristics: those a court must consider in sentencing each defendant; those …
When A Handicap May Be An Advantage: Mcpherson V. Michigan High School Athletic Association Evaluates The Relationship Of The Rehabilitation Act And The Ada To Athletic Association Maximum Semester Rules, John P. Encarnacion
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
Growth In Disability Benefits: Explanations And Policy Implications, Kalman Rupp Editor, David C. Stapleton Editor
Growth In Disability Benefits: Explanations And Policy Implications, Kalman Rupp Editor, David C. Stapleton Editor
Upjohn Press
This collection of original papers reveals why caseloads of the nation's two largest income entitlement programs for disability - Social Security Disability Income (SSDI) and Supplemental Security Income (SSI) - have soared.
Reevaluating Substantive Due Process As A Source Of Protection For Psychiatric Patients To Refuse Drugs, William M. Brooks
Reevaluating Substantive Due Process As A Source Of Protection For Psychiatric Patients To Refuse Drugs, William M. Brooks
Scholarly Works
No abstract provided.
Title Vii And Negative Job References: Employees Find Safe Harbor In Robinson V. Shell Oil Company, 31 J. Marshall L. Rev. 521 (1998), Matthew J. Cleveland
Title Vii And Negative Job References: Employees Find Safe Harbor In Robinson V. Shell Oil Company, 31 J. Marshall L. Rev. 521 (1998), Matthew J. Cleveland
UIC Law Review
No abstract provided.
Threshold Barriers To Title 1 And Title Iii Of The Americans With Disabilities Act: Discrimination Against Mental Illness In Long-Term Disability Benefits, Nancy Lee Firak
Journal of Law and Health
Any discussion of the ADA presents an organizational challenge not only because of the complex structure of the Act itself, but also because the ADA implicates other complex federal remedial schemes such as the Employee Retirement Income Security Act (ERISA) and the Rehabilitation Act. The social policy implications of the issues under discussion in this article are complex and at times even contradictory, as is perhaps unavoidable. Part II outlines a typical case in which the employer provided inferior long-term disability benefits to those with mental disabilities. The purpose of Part II is to provide the reader with a map …
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, Frank W. Munger, David M. Engel
Civil Rights And Self-Concept: Life Stories Of Law, Disability And Employment, Frank W. Munger, David M. Engel
Articles & Chapters
No abstract provided.
Whose Federalism, S. Elizabeth Malloy
Whose Federalism, S. Elizabeth Malloy
Faculty Articles and Other Publications
This Article examines briefly the Seminole Tribe and City of Boerne decisions. Part II then focuses on the ADA and the reasons why Congress made it applicable to government conduct as well as private conduct. Finally, Part III examines the argument, based on the new federalism, that the ADA should not apply to state entities. It does not appear that the Court's new federalism has had a liberty-enhancing effect for some of the most vulnerable persons in our society. The Court's revitalized federalism jurisprudence has led to questions about the continuing validity of many of our civil rights statutes as …
Disability, Deference, And The Integrity Of The Academic Enterprise, Anne Proffitt Dupre
Disability, Deference, And The Integrity Of The Academic Enterprise, Anne Proffitt Dupre
Scholarly Works
Congress has established a complex set of laws regarding the education of disabled students. This Article discusses the obligations the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, and the Individuals with Disabilities Education Act impose on schools and focuses on how courts interpreting these statutes address the decisions of educators regarding how best to educate disabled students. Professor Dupre brings to light a striking contrast between how courts regard the decisions of educators in higher education as opposed to the decisions of educators in primary and secondary schools, routinely according the former considerable deference while often …
The Supreme Court, 1997 Term -- Leading Cases -- Federal Statutes And Regulations -- Americans With Disabilities Act -- Asymptomatic Hiv, Peter Nicolas
Articles
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.