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Articles 1 - 21 of 21
Full-Text Articles in Law
To Bar Or Not To Bar: Title I Of The Ada And After-Acquired Evidence Of A Plaintiff's Failure To Satisfy Job Prerequisites, Kathryn Johnson-Monfort
To Bar Or Not To Bar: Title I Of The Ada And After-Acquired Evidence Of A Plaintiff's Failure To Satisfy Job Prerequisites, Kathryn Johnson-Monfort
William & Mary Business Law Review
Through enactment of Title I of the Americans with Disabilities Act (ADA) in 1990, Congress unequivocally resolved to prohibit discrimination on the basis of disability in the workplace. However, distortions have since created loopholes through which disability-based employment discrimination may freely slip. An enforcement regulation promulgated by the Equal Employment Opportunity Commission (EEOC) enables such circumvention of the ADA by creating an additional prima facie requirement: a plaintiff must not only be able to perform the essential functions of the position as required by the statute, but must also satisfy all job-related requirements of the position as demanded by the …
Confronting Eugenics Means Finally Confronting Its Ableist Roots, Robyn M. Powell
Confronting Eugenics Means Finally Confronting Its Ableist Roots, Robyn M. Powell
William & Mary Journal of Race, Gender, and Social Justice
In September 2020, a whistleblower complaint was filed alleging that hysterectomies are being performed on women at an immigration detention center in alarmingly high rates. Regrettably, forced sterilizations are part of the nation’s long-standing history of weaponizing reproduction to subjugate socially marginalized communities. While public outrage in response to the whistleblower complaint was swift and relentless, it largely failed to acknowledge how eugenic ideologies and practices, including compulsory sterilizations, are ongoing and deeply entrenched in ableism. Indeed, a conversation that recognizes the ways in which eugenics continues to target people with disabilities is long overdue.
This Article contextualizes how eugenics …
Disability, Development, And Human Rights: A Mandate And Framework For International Financial Institutions, Michael Ashley Stein, Penelope J. S. Stein
Disability, Development, And Human Rights: A Mandate And Framework For International Financial Institutions, Michael Ashley Stein, Penelope J. S. Stein
Faculty Publications
No abstract provided.
Implementing Legal Capacity Under Article 12 Of The Un Convention On The Rights Of Persons With Disabilities: The Difficult Road From Guardianship To Supported Decision-Making, Robert Dinerstein
Articles in Law Reviews & Other Academic Journals
No abstract provided.
China And Disability Rights, Michael Ashley Stein
China And Disability Rights, Michael Ashley Stein
Faculty Publications
No abstract provided.
Book Review Of Cause Lawyering For People With Disabilites, Michael Ashley Stein, Michael E. Waterstone, David B. Wilkins
Book Review Of Cause Lawyering For People With Disabilites, Michael Ashley Stein, Michael E. Waterstone, David B. Wilkins
Faculty Publications
No abstract provided.
The Domestic Incorporation Of Human Rights Law And The United Nations Convention On The Rights Of Persons With Disabilities, Janet E. Lord, Michael Ashley Stein
The Domestic Incorporation Of Human Rights Law And The United Nations Convention On The Rights Of Persons With Disabilities, Janet E. Lord, Michael Ashley Stein
Faculty Publications
This Article reviews the processes by which domestic-level transposition of international human rights norms may occur as a consequence of human rights treaty ratification, or other means of incorporation. Specifically, we consider the transformative vision of the Convention on the Rights of Persons with Disabilities (CRPD or Convention) as a vehicle for fostering national-level disability law and policy changes. In doing so, we outline the challenges and opportunities presented by this new phase in disability rights advocacy, and we draw conclusions that bear generally upon human rights practice and scholarship. We contend that the role of human rights in domestic …
Beyond Disability Civil Rights, Michael Ashley Stein, Penelope J.S. Stein
Beyond Disability Civil Rights, Michael Ashley Stein, Penelope J.S. Stein
Faculty Publications
No abstract provided.
A Quick Overview Of The United Nations Convention On The Rights Of Persons With Disabilities, Michael Ashley Stein
A Quick Overview Of The United Nations Convention On The Rights Of Persons With Disabilities, Michael Ashley Stein
Faculty Publications
No abstract provided.
Disability And Employment Discrimination At The Rehnquist Court, Anita Silvers, Michael E. Waterstone, Michael Ashley Stein
Disability And Employment Discrimination At The Rehnquist Court, Anita Silvers, Michael E. Waterstone, Michael Ashley Stein
Faculty Publications
No abstract provided.
The Definition Of Disability In The Americans With Disabilities Act: Its Successes And Shortcomings: Proceedings Of The 2005 Annual Meeting, Association Of American Law Schools Sections On Employment Discrimination Law; Labor Relations And Employment Law; And Law, Medicine And Health Care, Sharona Hoffman, Paul Steven Miller, Chai R. Feldblum, Michael Ashley Stein
The Definition Of Disability In The Americans With Disabilities Act: Its Successes And Shortcomings: Proceedings Of The 2005 Annual Meeting, Association Of American Law Schools Sections On Employment Discrimination Law; Labor Relations And Employment Law; And Law, Medicine And Health Care, Sharona Hoffman, Paul Steven Miller, Chai R. Feldblum, Michael Ashley Stein
Faculty Publications
No abstract provided.
Gimme Shelter: Does The Fair Housing Amendments Act Of 1988 Require Accommodations For The Financial Cirumstances Of The Disabled?, Brian R. Rosenau
Gimme Shelter: Does The Fair Housing Amendments Act Of 1988 Require Accommodations For The Financial Cirumstances Of The Disabled?, Brian R. Rosenau
William & Mary Law Review
No abstract provided.
The Americans With Disabilities Act As Welfare Reform, Samuel R. Bagenstos
The Americans With Disabilities Act As Welfare Reform, Samuel R. Bagenstos
William & Mary Law Review
No abstract provided.
Labor Force Participation And Income Of Individuals With Disabilities In Sheltered And Competitive Employment: Cross-Sectional And Longitudinal Analyses Of Seven States During The 1980s And 1990s, Peter Blanck, Helen A. Schartz, Kevin M. Schartz
Labor Force Participation And Income Of Individuals With Disabilities In Sheltered And Competitive Employment: Cross-Sectional And Longitudinal Analyses Of Seven States During The 1980s And 1990s, Peter Blanck, Helen A. Schartz, Kevin M. Schartz
William & Mary Law Review
The purpose of this investigation was to examine the labor force participation and wages of individuals with disabilities who have transitioned from facility-based (i.e., sheltered) work to employment in integrated and competitive settings. The investigators had access to data from seven states on the labor force participation and wages of more than 3000 individuals with disabilities who have moved from institutional to community placements over the past two decades.
Among the findings: the majority of individuals in these geographically diverse samples were unemployed over time; sheltered employment prepared some individuals for entry into employment in integrated settings and resulted in …
Identity And Disability In The Workplace, Susanne M. Bruyere, William A. Erickson, Joshua T. Ferrentino
Identity And Disability In The Workplace, Susanne M. Bruyere, William A. Erickson, Joshua T. Ferrentino
William & Mary Law Review
No abstract provided.
The Law And Economics Of Disability Accommodations, Michael Ashley Stein
The Law And Economics Of Disability Accommodations, Michael Ashley Stein
Faculty Publications
The Americans with Disabilities Act provides a clear mandate that disabled workers be provided with "reasonable" accommodations, but does not meaningfully articulate the standards by which reasonableness ought to be measured. Until now, neither courts nor commentators have provided a systematic model for analyzing accommodation claims. This Article articulates an initial law and economics framework for analyzing disability-related accommodations. In doing so, it demonstrates how accommodations span a cost continuum that can be divided into areas of Wholly Efficient and Semi-Efficient Accommodations to be funded by private employers, Social Benefit Gain Efficient Accommodations where the costs should be borne by …
The United States' Position On The Death Penalty In The Inter-American Human Rights System, Richard J. Wilson
The United States' Position On The Death Penalty In The Inter-American Human Rights System, Richard J. Wilson
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Labor Markets, Rationality, And Workers With Disabilities, Michael Ashley Stein
Labor Markets, Rationality, And Workers With Disabilities, Michael Ashley Stein
Faculty Publications
No abstract provided.
The Lay View Of What "Disability" Means Must Give Way To What Congress Says It Means: Infertility As A "Disability" Under The Americans With Disabilities Act, Deborah K. Dallmann
The Lay View Of What "Disability" Means Must Give Way To What Congress Says It Means: Infertility As A "Disability" Under The Americans With Disabilities Act, Deborah K. Dallmann
William & Mary Law Review
No abstract provided.
Employment Rights Of Handicapped Individuals: Statutory And Judicial Parameters, Toni M. Massaro
Employment Rights Of Handicapped Individuals: Statutory And Judicial Parameters, Toni M. Massaro
William & Mary Law Review
No abstract provided.
The Wicked Witch Is Almost Dead: Buck V. Bell And The Sterilization Of Handicapped Persons, Robert L. Burgdorf, Mary Pearce Burgdorf
The Wicked Witch Is Almost Dead: Buck V. Bell And The Sterilization Of Handicapped Persons, Robert L. Burgdorf, Mary Pearce Burgdorf
Journal Articles
Judgment at Nuremberg 1 concerned the criminal trial of a former German judge who, under Hitler's Third Reich, had ordered involuntary sexual sterilization operations to be performed upon Jewish men and women. In a famous scene from that screenplay and movie, the defense counsel, Rolfe, cross-examines a German law professor, Dr. Wieck, in regard to the legality of such practices: Rolfe (continuing) Dr. Wieck, you referred to "novel National Socialist measures introduced, among them sexual sterilization." Dr. Wieck, are you aware that this was not invented by National Socialism, but had been advanced for years before as a weapon in …