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Articles 1 - 3 of 3
Full-Text Articles in Law
Classifying Obesity As A Disability Under The Americans With Disabilities Act: How Seff V. Broward County Is Incongruent With Recent Ada Litigation, Maura Flaherty Mccoy
Classifying Obesity As A Disability Under The Americans With Disabilities Act: How Seff V. Broward County Is Incongruent With Recent Ada Litigation, Maura Flaherty Mccoy
Catholic University Law Review
This Note discusses how employer wellness programs are potential breeding grounds for Americans with Disabilities Act discrimination claims in light of recent ADA cases relating to obesity and how courts’ treatment of the safe harbor provision of the ADA is incongruent with the broadening of ADA claims. It looks at the provisions of the ADA and how courts have traditionally defined “disability” in obesity cases, describes the ADA safe harbor provision, and discusses the advent of corporate wellness programs. This Note then analyzes Seff v. Broward County, the most notable wellness program case to-date, and how the court’s decision …
Blue Skies For Black Lung Benefits Act Survivors? Courts' Interpretations Of § 932(L) Following The Enactment Of The Patient Protection And Affordable Care Act, Maureen Hughes
Catholic University Law Review
This Note summarizes the amendments made to the Black Lung Benefits Act (BLBA) following its passage in 1969 through the enactment of the 2010 Patient Protection and Affordable Care Act (PPACA). The Note also addresses the split among the circuits over the meaning of the revised language in 30 U.S.C. § 932(l) (2012), and explains the reasoning of the Third, Fourth, Sixth, and Eleventh Circuits regarding the effect of the PPACA on BLBA benefit eligibility for miners’ dependent survivors. Further, this Note explains the significance of, and necessity in, resolving the confusion over § 932(l), and …
Land Ho! Two Words An Injured Longshore Or Harbor Worker Never Wants To Hear, Adam Hare
Land Ho! Two Words An Injured Longshore Or Harbor Worker Never Wants To Hear, Adam Hare
Catholic University Law Review
In 1927, the United States Congress passed the Longshoremen’s and Harbor Workers’ Compensation Act (LHWCA) to provide workers’ compensation coverage to maritime workers injured outside the purview of state workers’ compensation laws. Rigid judicial interpretation of the original Act, however, led to inequitable outcomes in the maritime industry. Workers neither on land nor on the water when injured could not claim workers’ compensation benefits under state or federal laws. The 1972 amendments to the LHWCA sought to cure this inequity. The amended Act included a situs requirement. This Comment analyzes the most important judicial interpretations of the situs requirement of …