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Articles 2011 - 2040 of 2168
Full-Text Articles in Law
Attitudinal Barriers To Hiring Attorneys With Disabilities, Michael Ashley Stein
Attitudinal Barriers To Hiring Attorneys With Disabilities, Michael Ashley Stein
Faculty Publications
No abstract provided.
The Right To Proceed Pro Se At Competency Hearings: Practical Solutions To A Constitutional Catch-22, Stavy A. Giulianti
The Right To Proceed Pro Se At Competency Hearings: Practical Solutions To A Constitutional Catch-22, Stavy A. Giulianti
University of Miami Law Review
No abstract provided.
Pretexts And Mental Disability Law: The Case Of Competency, Michael L. Perlin
Pretexts And Mental Disability Law: The Case Of Competency, Michael L. Perlin
University of Miami Law Review
No abstract provided.
Abolishing Competency As A Construction Of Difference: A Radical Proposal To Promote The Equality Of Persons With Disabilities, Steven J. Schwartz
Abolishing Competency As A Construction Of Difference: A Radical Proposal To Promote The Equality Of Persons With Disabilities, Steven J. Schwartz
University of Miami Law Review
No abstract provided.
Rethinking Autonomy In Long Term Care, Charles W. Lidz, Robert M. Arnold
Rethinking Autonomy In Long Term Care, Charles W. Lidz, Robert M. Arnold
University of Miami Law Review
No abstract provided.
Presumptions And Burdens Of Proof In Determining Competency To Stand Trial: An Analysis Of Medina V. California And The Supreme Court's New Due Process Methodology In Criminal Cases, Bruce J. Winick
University of Miami Law Review
No abstract provided.
Symposium: The Americans With Disabilities Act - Introductory Comments, Dawn V. Martin
Symposium: The Americans With Disabilities Act - Introductory Comments, Dawn V. Martin
Journal of Law and Health
Each of the articles included in this symposium summarizes the ADA and details the particular provisions of the Act which pertain to its thesis. Therefore, I will only briefly outline the Act's major provisions and implications for the purposes of this introductory discussion.
The Ada And Persons With Mental Disabilities: Can Sanist Attitudes Be Undone, Michael L. Perlin
The Ada And Persons With Mental Disabilities: Can Sanist Attitudes Be Undone, Michael L. Perlin
Journal of Law and Health
This leads to my thesis. What I call "sanist" attitudes and "pretextual" judicial and legislative reactions dominate social and legal discourse about mentally ill persons (and those so perceived). These attitudes affect and infect interpersonal relationships, social, cultural and political actions, judicial decisions, legislative enactments, scholarly writings, administrative rulings, and litigation strategies. They largely operate on an unconscious (and often invisible) level, and are frequently found in the writings and public pronouncements of otherwise "liberal" or "progressive" individuals. They are also rationalized through the non-reflective use of a false kind of "ordinary common sense" (OCS) and through the use of …
And Equal Participation For All...The Americans With Disabilities Act In The Courtroom, Keri K. Gould
And Equal Participation For All...The Americans With Disabilities Act In The Courtroom, Keri K. Gould
Journal of Law and Health
This article hopes to encourage the use of the ADA as a mechanism to increase courtroom accessibility to people with disabilities. The article proceeds in the following manner. Initially, I outline the procedural history and design of the Act. Then, in Part III, I discuss how the ADA seeks to ensure the increased participation of persons with disabilities in courtroom practices and procedures. In Part IV, I discuss the Act's Title II, Public Services, which controls access to and accommodations by the state courts. Next, I trace the discrimination frequently faced by persons with disabilities, which is illustrated by a …
There Goes The Neighborhood: The Evolution Of "Family" In Local Zoning Ordinances, William Graham
There Goes The Neighborhood: The Evolution Of "Family" In Local Zoning Ordinances, William Graham
Touro Law Review
No abstract provided.
The Ada As A Tool For Advocacy: A Strategy For Fighting Employment Discrimination Against People With Disabilities, Ellen M. Saideman
The Ada As A Tool For Advocacy: A Strategy For Fighting Employment Discrimination Against People With Disabilities, Ellen M. Saideman
Journal of Law and Health
There are essentially three different theories that are used to prove discrimination against people with disabilities: disparate treatment- that a person has been treated differently because of membership in a protected class - may be proved by direct evidence of discrimination or by inference. Today, employers are often open about discriminating against people with disabilities. They frequently know little about disabilities and make their decisions based on stereotypes rather than on individualized assessments. Further, medical examinations and inquiries are required by the ADA to be conducted after a job has been offered thereby enabling job applicants to determine that their …
Designing Reasonable Accomodations Through Co-Worker Participation: Therapeutic Jurisprudence And The Confidentiality Provision Of The Americans With Disabilities Act, Rose A. Daly-Rooney
Designing Reasonable Accomodations Through Co-Worker Participation: Therapeutic Jurisprudence And The Confidentiality Provision Of The Americans With Disabilities Act, Rose A. Daly-Rooney
Journal of Law and Health
The Americans with Disabilities Act prohibits discrimination on the basis of disability in employment, public accommodations, transportation, communication, and services provided by state and local government. Title I of the ADA addresses employment discrimination against people with disabilities. Among other things, the ADA prohibits an employer from rejecting an applicant solely because of the need to provide that applicant with a reasonable accommodation. At the same time, the ADA requires that an employer maintain confidentiality about the applicant or employee's medical condition or medical history obtained during acceptable inquiries, including those inquiries needed to design appropriate accommodations.
Effectively Implementing Title 1 Of The Americans With Disabilities Act For Mentally Disabled Persons: A Therapeutic Jurisprudence Analysis, Deborah A. Dorfman
Effectively Implementing Title 1 Of The Americans With Disabilities Act For Mentally Disabled Persons: A Therapeutic Jurisprudence Analysis, Deborah A. Dorfman
Journal of Law and Health
This article discusses the potential impact that Title I has on the lives of individuals with mental disabilities and methods by which it can be most effectively implemented and enforced. The following section discusses the potential impact that Title I can have on the lives of the mentally disabled, specifically in the areas of independent living and quality of life. Part III will examine problems enforcing Title I which interfere with the ability of the mentally disabled to fully benefit from the statute. The second half of this article discusses how to best implement and enforce Title I from a …
The Use Of Interpreters For The Deaf And The Legal Community's Obligation To Comply With The A.D.A., Jo Anne Simon
The Use Of Interpreters For The Deaf And The Legal Community's Obligation To Comply With The A.D.A., Jo Anne Simon
Journal of Law and Health
Title II of the ADA, which most closely resembles section 504 of the Rehabilitation Act of 1973, requires that state and local government facilities, including courts, be accessible to individuals with disabilities. Title III of the Act requires that public accommodations be accessible to persons with disabilities. The Act specifically includes attorney's offices in its definition of public accommodation. Title II and III of the Act require that reasonable accommodations be provided to qualified persons with disabilities, unless such provision would fundamentally alter the goods, services or programs provided. Reasonable accommodations can take the form of auxiliary aids and services, …
Of Diagnoses And Discrimination: Discriminatory Nontreatment Of Infants With Hiv Infection, Mary Crossley
Of Diagnoses And Discrimination: Discriminatory Nontreatment Of Infants With Hiv Infection, Mary Crossley
Articles
Evidence of physician attitudes favoring the withholding of needed medical treatment from infants infected with HIV compels a reassessment of the applicability and adequacy of existing law in dealing with selective nontreatment. Although we can hope to have learned some lessons from the Baby Doe controversy of the mid-1980s, whether the legislation emerging from that controversy, the Child Abuse Amendments of 1984, has ever adequately dealt with the problem of nontreatment remains far from clear. Today, the medical and social characteristics of most infants infected with HIV introduce new variables into our assessment of that legislation. At stake are the …
Defining "Disability": The Approach To Follow, Theodore J. St. Antoine
Defining "Disability": The Approach To Follow, Theodore J. St. Antoine
Articles
The definition of "disability" has once again become a central issue in workers' compensation law. I am partly responsible. A decade ago I served as the Governor's Special Counselor on Workers' Compensation. In my Reportto the Cabinet Council on Jobs and Economic Development, I stated: "If I could write on a clean slate, I would prefer to see the Michigan definition brought even closer into the mainstream of American law by declaring that 'disability' means a 'limitation of an employee's wage earning capacity in work suitable to his or her qualifications and training resulting from a personal injury or work …
The Americans With Disabilities Act And The Corpus Of Anti-Discrimination Law: A Force For Change In The Future Of Public Health Regulation, Lawrence O. Gostin
The Americans With Disabilities Act And The Corpus Of Anti-Discrimination Law: A Force For Change In The Future Of Public Health Regulation, Lawrence O. Gostin
Georgetown Law Faculty Publications and Other Works
In this paper the author reviews the constitutional history of the courts' attempts to check the powers of the public health department. He demonstrates how ineffective and inconsistent constitutional review has been, and suggests that adequate review criteria have not emerged. The author shows that, whether the courts are applying First, Fourth, or Fourteenth Amendment standards, ultimately they are highly deferential to public health officials. Then he carefully examines the key concepts in the Americans with Disabilities Act (ADA) as they apply to communicable disease. He reveals Congress' clear intention to include communicable disease, even asymptomatic infection, as a disability. …
Fee Shifting And Incentives To Comply With The Law, Keith N. Hylton
Fee Shifting And Incentives To Comply With The Law, Keith N. Hylton
Faculty Scholarship
Law and economics is a top-heavy discipline, in the sense that it is largely theoretical. Empirical tests of its claims have been carried out only recently, and a great deal remains to be done. The larger part of the recent wave of empirical law and economics research, however, examines the litigation process. This research has focused on the frequencies with which lawsuits are brought and with which they are settled.1 Surprisingly, empirical researchers2 have given little attention to the theoretical literature that makes predictions concerning incentives to comply with legal rules and the optimality of compliance equilibria.3 This lack of …
Competency To Refuse Psychotropic Medication: Three Alternatives To The Law's Cognitive Standard, Elyn R. Saks
Competency To Refuse Psychotropic Medication: Three Alternatives To The Law's Cognitive Standard, Elyn R. Saks
University of Miami Law Review
No abstract provided.
The Impact Of Federal Labor Policy On The Americans With Disabilities Act Of 1990: Collective Bargaining Agreements In A New Era Of Civil Rights, David S. Doty
BYU Law Review
No abstract provided.
Miles To Go: Some Personal Reflections On The Social Construction Of Disability, Dianne Pothier
Miles To Go: Some Personal Reflections On The Social Construction Of Disability, Dianne Pothier
Dalhousie Law Journal
The "social construction" of disability refers to the way an able bodied conception of disability magnifies its consequences. The social construction of disability assesses and deals with disability from an able bodied perspective. It includes erroneous assumptions about capacity to perform that come from an able bodied frame of reference. It encompasses the failure to make possible or accept different ways of doing things. It reflects a preoccupation with "normalcy" that excludes the disabled person.
Employing The Alcoholic Under The Americans With Disabilities Act Of 1990, Wendy K. Voss
Employing The Alcoholic Under The Americans With Disabilities Act Of 1990, Wendy K. Voss
William & Mary Law Review
No abstract provided.
The Americans With Disabilities Act Of 1990: Implications For The Manning, Operation And Construction Of U.S. Commercial Vessels, Steven M. Stancliff
The Americans With Disabilities Act Of 1990: Implications For The Manning, Operation And Construction Of U.S. Commercial Vessels, Steven M. Stancliff
Theses and Major Papers
The Americans with Disabilities Act of 1990 adds a new dimension to the body of anti discrimination law in the United States. Encompassing nearly all aspects of employment and public life, it has sent a shock wave of concern throughout the commercial vessels industry. Through examination of the Act's salient features and potential application to commercial vessel operation, manning, and construction, it is concluded that the Act's goals may be substantially achieved without additional risk or significant financial harm to shipowners. The requirements of the Americans with Disabilities Act of 1990 are not considered to be inconsistent with a shipowner's …
Miles To Go: Some Personal Reflections On Social Construction Of Disability, Dianne Pothier
Miles To Go: Some Personal Reflections On Social Construction Of Disability, Dianne Pothier
Dianne Pothier Collection
The "social construction" of disability refers to the way an able bodied conception of disability magnifies its consequences. The social construction of disability assesses and deals with disability from an able bodied perspective. It includes erroneous assumptions about capacity to perform that come from an able bodied frame of reference. It encompasses the failure to make possible or accept different ways of doing things. It reflects a preoccupation with "normalcy" that excludes the disabled person.
Americans With Disabilities Act: Dispelling The Myths. A Practical Guide To Eeoc's Voodoo Civil Rights And Wrongs, Charles D. Goldman
Americans With Disabilities Act: Dispelling The Myths. A Practical Guide To Eeoc's Voodoo Civil Rights And Wrongs, Charles D. Goldman
University of Richmond Law Review
The time is at hand for reality to replace expectation as the employment provisions of the federal mandate not to discriminate against qualified individuals with disabilities, the Americans with Disabilities Act (the "ADA"), are now the law of the land. A new era of rights, responsibilities, and opportunities dawned for private and governmental employers, and disabled persons when the rules of the United States Equal Employment Opportunity Commission ("EEOC") went into effect on July 26, 1992. A practical, common sense utilization of institutional solutions complemented by individualized applications, not ad hoc reactions, is essential. Other- wise employers' worst fears will …
On Sanism, Michael L. Perlin
New Protections For Persons With Mental Illness In The Workplace Under The Americans With Disabilities Act Of 1990, Janet Lowder Hamilton
New Protections For Persons With Mental Illness In The Workplace Under The Americans With Disabilities Act Of 1990, Janet Lowder Hamilton
Cleveland State Law Review
The growth of civil rights for the disabled in recent years has focused on the problems of physical disabilities and removal of architectural barriers. Notable gains have been made in society's recognition of the rights and needs of such individuals through the American’s with Disabilities Act, but acknowledgement of the less obvious condition of psychiatric disability has lagged far behind. This is particularly true of individuals with mental illness, which constitutes probably the largest single group of disabled individuals, and one of the least vocal. Because of negative social attitudes, individuals with mild disorders hesitate to call attention to their …
Fatal Assumption: A Critical Evaluation Of The Role Of Counsel In Mental Disability Cases, Michael L. Perlin
Fatal Assumption: A Critical Evaluation Of The Role Of Counsel In Mental Disability Cases, Michael L. Perlin
Articles & Chapters
No abstract provided.
Disabled Clients, Disabling Lawyers, Anthony V. Alfieri
Disabled Clients, Disabling Lawyers, Anthony V. Alfieri
Articles
No abstract provided.