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Full-Text Articles in Law

The Internet- Disability Or Distraction? An Analysis Of Whether "Internet Addiction" Can Qualify As A Disability Under The Americans With Disabilities Act, Blake R. Bertagna Jan 2008

The Internet- Disability Or Distraction? An Analysis Of Whether "Internet Addiction" Can Qualify As A Disability Under The Americans With Disabilities Act, Blake R. Bertagna

Hofstra Labor & Employment Law Journal

No abstract provided.


The Employment Discrimination Provisions Of The Americans With Disabilities Act: Implementation And Impact, Scott Burris, Kathryn Moss Jan 2007

The Employment Discrimination Provisions Of The Americans With Disabilities Act: Implementation And Impact, Scott Burris, Kathryn Moss

Hofstra Labor & Employment Law Journal

Title I of the Americans with Disabilities Act prohibits employment discrimination on the basis of disability. Since its passage in 1990, debate has raged about whether the statute is doing any good. A steady stream of narrowing court decisions has led some to declare the law a failure. This article reviews the empirical evidence on the effectiveness of Title I. Many studies find a decline in employment rates among the disabled in the wake of the ADA, but the evidence that these declines were caused by the ADA is weak. Title I protects people who require no more than a …


Forty-Three And Counting: Eeoc's Challenges And Successes And Emerging Trends In The Employment Arena, Naomi C. Earp Jan 2007

Forty-Three And Counting: Eeoc's Challenges And Successes And Emerging Trends In The Employment Arena, Naomi C. Earp

Hofstra Labor & Employment Law Journal

No abstract provided.


Facially Neutral No-Rehires Rules And The Americans With Disabilities Act, Christine Neylon O'Brien Jan 2004

Facially Neutral No-Rehires Rules And The Americans With Disabilities Act, Christine Neylon O'Brien

Hofstra Labor & Employment Law Journal

This article deals with the issue of whether alcoholism should qualify as a disability under the Americans with Disabilities Act. Under this theoretical category, an employee or potential employee would have a cause of action once he shows his disability no longer interferes with his ability to perform his job. One example of a prospective plaintiff is a recovering alcoholic. The author addresses the difference between a disparate impact claim and a disparate treatment claim and asserts what employers should do to ensure they do not run afoul of the ADA.


Association Discrimination Under The Americans With Disabilities Act: Another Uphill Batllle For Potential Ada Plaintiffs, Lawerence D. Rosenthal Jan 2004

Association Discrimination Under The Americans With Disabilities Act: Another Uphill Batllle For Potential Ada Plaintiffs, Lawerence D. Rosenthal

Hofstra Labor & Employment Law Journal

No abstract provided.


Stepping Out Of The Courtroom And Into The Personnel Department: An Analysis Of Reasonable Accommodation And Disparate Impact In Raytheon V. Hernandez, Douglas Menikheim, Frederick R. Trelfa Jan 2004

Stepping Out Of The Courtroom And Into The Personnel Department: An Analysis Of Reasonable Accommodation And Disparate Impact In Raytheon V. Hernandez, Douglas Menikheim, Frederick R. Trelfa

Hofstra Labor & Employment Law Journal

No abstract provided.


Genetic Testing & Discrimination In Employment: Recommending A Uniform Statutory Approach, Jared A. Feldman, Richard J. Katz Jan 2002

Genetic Testing & Discrimination In Employment: Recommending A Uniform Statutory Approach, Jared A. Feldman, Richard J. Katz

Hofstra Labor & Employment Law Journal

No abstract provided.


State Action And The Enforcement Of Compulsory Arbitration Agreements Against Employment Discrimination Claims, Jeffrey L. Fisher Jan 2000

State Action And The Enforcement Of Compulsory Arbitration Agreements Against Employment Discrimination Claims, Jeffrey L. Fisher

Hofstra Labor & Employment Law Journal

No abstract provided.


The Toleration Of Unjustified Distinctions Between The Mentally And Physically Disabled In Lewis V. Kmart Corp. Makes One Thing Clear: Not All Disabilities Were Created Equal, Donna M. Orzell Jan 2000

The Toleration Of Unjustified Distinctions Between The Mentally And Physically Disabled In Lewis V. Kmart Corp. Makes One Thing Clear: Not All Disabilities Were Created Equal, Donna M. Orzell

Villanova Law Review

No abstract provided.


The United States Supreme Court Resolves The Effect Of Disability Benefit Claims Upon Americans With Disabilities Act Complaints In Cleveland V. Policy Management Systems Corporation, Christine Neylon O'Brien Jan 1999

The United States Supreme Court Resolves The Effect Of Disability Benefit Claims Upon Americans With Disabilities Act Complaints In Cleveland V. Policy Management Systems Corporation, Christine Neylon O'Brien

Hofstra Labor & Employment Law Journal

Federal courts have grappled with the issue of whether claims under the Americans with Disabilities Act should be barred, or judicially estopped, by the plaintiff's earlier application for or receipt of disability benefits. This is a particularly vexing problem since recipients of disability benefits are presumed to be disabled even though they are not disabled for a particular job. These individuals, who are social security recipients and still, are qualified for a job yet they suffer adverse employment decisions in violation of the Americans with Disabilities Act. This article clarifies the law based on the Supreme Court decision, Cleveland v. …


The Americans With Disabilities Act Protects Individuals With A History Of Cancer From Employment Discrimination: Myth Or Reality?, Susan M. Gibson Jan 1998

The Americans With Disabilities Act Protects Individuals With A History Of Cancer From Employment Discrimination: Myth Or Reality?, Susan M. Gibson

Hofstra Labor & Employment Law Journal

No abstract provided.


The New Genetic Age: Do Our Genes Make Us Disabled Individuals Under The Americans With Disabilities Act, Mark S. Dichter, Sarah E. Sutor Jan 1997

The New Genetic Age: Do Our Genes Make Us Disabled Individuals Under The Americans With Disabilities Act, Mark S. Dichter, Sarah E. Sutor

Villanova Law Review

No abstract provided.


Restoring Regard For The Regarded As Prong: Giving Effect To Congressional Intent, Arlene B. Mayerson Jan 1997

Restoring Regard For The Regarded As Prong: Giving Effect To Congressional Intent, Arlene B. Mayerson

Villanova Law Review

No abstract provided.


Coverage Of Psychiatric Disorders Under The Americans With Disabilities Act, Peggy R. Mastroianni, Carol R. Miaskoff Jan 1997

Coverage Of Psychiatric Disorders Under The Americans With Disabilities Act, Peggy R. Mastroianni, Carol R. Miaskoff

Villanova Law Review

No abstract provided.


Attitudes, Behavior And The Employment Provisions Of The Americans With Disabilties Act, Peter David Blanck, Mollie Weighner Marti Jan 1997

Attitudes, Behavior And The Employment Provisions Of The Americans With Disabilties Act, Peter David Blanck, Mollie Weighner Marti

Villanova Law Review

No abstract provided.


Substantially Limited Protection From Disability Discrimination: The Special Treatment Model And Misconstructions Of The Definition Of Disability, Robert L. Burgdorf Jr. Jan 1997

Substantially Limited Protection From Disability Discrimination: The Special Treatment Model And Misconstructions Of The Definition Of Disability, Robert L. Burgdorf Jr.

Villanova Law Review

No abstract provided.


Perception Or Reality?: Some Reflections On The Interpretation Of Disability Discrimination Statutes, Michael D. Moberly Jan 1996

Perception Or Reality?: Some Reflections On The Interpretation Of Disability Discrimination Statutes, Michael D. Moberly

Hofstra Labor & Employment Law Journal

No abstract provided.


First, Do No Harm: Why Doctors Are Not Omnipotent Under The Americans With Disabilities Act, Sharona Hoffman Jan 1996

First, Do No Harm: Why Doctors Are Not Omnipotent Under The Americans With Disabilities Act, Sharona Hoffman

Hofstra Labor & Employment Law Journal

No abstract provided.


No Individual Liability For Managers Under The Americans With Disabilities Act Of 1990: Eeoc V. Aic Security Investigations, Ltd., William L. Morrissey Jr. Jan 1996

No Individual Liability For Managers Under The Americans With Disabilities Act Of 1990: Eeoc V. Aic Security Investigations, Ltd., William L. Morrissey Jr.

Villanova Law Review

No abstract provided.


Listening To Deaf Culture: A Reconceptualization Of Difference Analysis Under Title Vii, Mary Ellen Maatman Jan 1996

Listening To Deaf Culture: A Reconceptualization Of Difference Analysis Under Title Vii, Mary Ellen Maatman

Hofstra Labor & Employment Law Journal

This article at 13 Hofstra Labor Law Journal 269 (1996) considers and critiques the treatment of difference under federal antidiscrimination law by discussing and applying key insights from the "Deaf Culture" movement and its scholarship.


Going Beyond The Judicially Prescribed Boundaries Of The Americans With Disabilities Act, Ben Cristal Jan 1996

Going Beyond The Judicially Prescribed Boundaries Of The Americans With Disabilities Act, Ben Cristal

Hofstra Labor & Employment Law Journal

No abstract provided.


The Ada And The Nlra: Balancing Individual And Collective Rights, Robert A. Dubault Oct 1995

The Ada And The Nlra: Balancing Individual And Collective Rights, Robert A. Dubault

Indiana Law Journal

No abstract provided.


Employer Health-Care Plans: The Feasibility Of Disability-Based Distinctions Under Erisa And The Americans With Disabilities Act, Susan Nanovic Flannery Jan 1995

Employer Health-Care Plans: The Feasibility Of Disability-Based Distinctions Under Erisa And The Americans With Disabilities Act, Susan Nanovic Flannery

Hofstra Labor & Employment Law Journal

No abstract provided.


The Americans With Disabilities Act: Does The Ada Protect A Person With The Chronic Fatigue Syndrome From Employment Discrimination?, Matthew I. Kozinets Jan 1995

The Americans With Disabilities Act: Does The Ada Protect A Person With The Chronic Fatigue Syndrome From Employment Discrimination?, Matthew I. Kozinets

Hofstra Labor & Employment Law Journal

No abstract provided.


Weight-Based Discrimination And The Americans With Disabilities Act: Is There An End In Sight?, Jeffrey Garcia Jan 1995

Weight-Based Discrimination And The Americans With Disabilities Act: Is There An End In Sight?, Jeffrey Garcia

Hofstra Labor & Employment Law Journal

No abstract provided.


An Overview Of Title I Of The Americans With Disabilities Act And Its Impact Upon Federal Labor Law, Harvey S. Mars Jan 1995

An Overview Of Title I Of The Americans With Disabilities Act And Its Impact Upon Federal Labor Law, Harvey S. Mars

Hofstra Labor & Employment Law Journal

No abstract provided.


Meeting The Challenge At The Mines: The Americans With Disabilities Act, Susan E. Chetlin, Mark E. Baker Apr 1994

Meeting The Challenge At The Mines: The Americans With Disabilities Act, Susan E. Chetlin, Mark E. Baker

West Virginia Law Review

No abstract provided.


Once Is Enough: Evaluating When A Person Is Substantially Limited In Her Ability To Work, R. Bales Jan 1993

Once Is Enough: Evaluating When A Person Is Substantially Limited In Her Ability To Work, R. Bales

Hofstra Labor & Employment Law Journal

No abstract provided.


Dulling A Needle: Analyzing Federal Employment Restrictions On People With Insulin-Dependent Diabetes, Mark L. Bayler Oct 1992

Dulling A Needle: Analyzing Federal Employment Restrictions On People With Insulin-Dependent Diabetes, Mark L. Bayler

Indiana Law Journal

No abstract provided.


Legal Issues Surrounding Preemployment Physical Examinations In The Coal Industry, Daniel L. Stickler, Albert F. Sebok Apr 1992

Legal Issues Surrounding Preemployment Physical Examinations In The Coal Industry, Daniel L. Stickler, Albert F. Sebok

West Virginia Law Review

No abstract provided.