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Articles 871 - 883 of 883
Full-Text Articles in Law
Private Rights Of Action, 27 Depaul L. Rev. 1117 (1978), Michael P. Seng
Private Rights Of Action, 27 Depaul L. Rev. 1117 (1978), Michael P. Seng
UIC Law Open Access Faculty Scholarship
In order for Sections 503 and 504 of the Rehabilitation Act of 1973 to practically prohibit employment discrimination against handicapped persons, a broad array of effective and prompt remedies is needed. In this Article, the author examines judicial findings of legislative intent to create private causes of action in the enactment of various civil rights legislation and concludes that a private cause of action is an available mechanism to enforce the federal statutory scheme prohibiting discrimination in the employment of handicapped individuals. While Sections 503 and 504 are silent as to whether a private cause of action exists, Professor Seng …
Does The Constitution Mean What It Always Meant?, James W. Nickel, Stephen R. Munzer
Does The Constitution Mean What It Always Meant?, James W. Nickel, Stephen R. Munzer
Articles
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 …
The Effect Of Representation In Nonadversary Proceedings -- A Study Of Three Disability Programs, William D. Popkin
The Effect Of Representation In Nonadversary Proceedings -- A Study Of Three Disability Programs, William D. Popkin
Articles by Maurer Faculty
No abstract provided.
The Right To An Adequate Income And Employment: A Reply To Professor Bernstein, David L. Chambers
The Right To An Adequate Income And Employment: A Reply To Professor Bernstein, David L. Chambers
Book Chapters
Bernsteins's Paper advances no constitutional arguments for requiring the government to ensure economic security for retarded citizens. His omission is justified not merely by the alternative focus he has chosen, but also by the absence of any sound or vendible constitutional arguments to advance. There remain, however, important roles for attorneys.
The Principle Of The Least Restrictive Alternative For Mentally-Retarded Persons: The Constitutional Issues, David L. Chambers
The Principle Of The Least Restrictive Alternative For Mentally-Retarded Persons: The Constitutional Issues, David L. Chambers
Book Chapters
Mentally retarded people are people. When strong reasons exist to treat them differently from other people, they should be provided the necessary services, restraint, or protection through means that intrude as little as possible on their freedom to live the life that others are permitted to live. "Normalization" is the term professionals use to define the goal and the process of helping mentally retarded citizens lead a "normal" life. The attainment of this goal involves undoing the multitude of formal constrictions governments have typically placed on the retarded citizen's freedom: his place of residence, his schooling, his control over his …
The Definition Of Disability In Social Security And Supplemental Security Income: Drawing The Bounds Of Social Welfare Estates, Lance Liebman
The Definition Of Disability In Social Security And Supplemental Security Income: Drawing The Bounds Of Social Welfare Estates, Lance Liebman
Faculty Scholarship
Federal aid to the disabled is a vast enterprise; over nine billion dollars are annually paid to five million beneficiaries. In this Article, Professor Liebman points out how the ad hoc nature of social welfare legislation and programming has resulted in a system that produces inconsistent and sometimes inequitable determinations of disability. The present system, he argues, draws significant economic and social distinctions among the disabled, as well as distinctions between the disabled and the unemployed, that have been inadequately explained and justified. By focusing on worker expectations generated by the administration of our disability programs, and on the structural …
Sterilization, State Action, And The Concept Of Consent, Monroe E. Price, Robert A. Burt
Sterilization, State Action, And The Concept Of Consent, Monroe E. Price, Robert A. Burt
Articles
A line demarking the propriety of state intervention into the lives of individuals has never been adequately drawn. It is not surprising that such a line is practically nonexistent, from the point of view of legal analysis, when the people subject to intervention are considered mentally retarded. Too infrequently the medical and privacy rights of these individuals go unrecognized and unheeded. There are several factors which collectively account for this.
Effectiveness Of The Social Security Review System In Disability Cases, William D. Popkin
Effectiveness Of The Social Security Review System In Disability Cases, William D. Popkin
Articles by Maurer Faculty
No abstract provided.
Ill Effects Of A Well-Intentioned Law: The Rights Of The Handicapped Overlooked, Robert L. Burgdorf
Ill Effects Of A Well-Intentioned Law: The Rights Of The Handicapped Overlooked, Robert L. Burgdorf
Journal Articles
Indiana's Public Law No. 162, which was signed into law in 1972, is an admirable achievement. The statute consolidated and clarified the procedures to be employed by schools in suspending, expelling or excluding students. The rights of students were closely guarded through the clear enumeration of the requirements of due process in this area. Written notice, a relatively formal hearing, the right to be represented by counsel, the right to cross-examine witnesses, a written decision and record of the proceedings, and an appeal procedure are all specifically mandated by the law whenever a child may be suspended, expelled or excluded. …
Compensation For Loss Of Earning Capacity, Robert R. Wright
Compensation For Loss Of Earning Capacity, Robert R. Wright
Faculty Scholarship
No abstract provided.
Proposed Procedure For Administering Heart Cases Under The Washington Industrial Insurance Act, Ivan C. Rutledge
Proposed Procedure For Administering Heart Cases Under The Washington Industrial Insurance Act, Ivan C. Rutledge
Articles by Maurer Faculty
No abstract provided.
Book Review. Vernier, C. G., American Family Laws, Vol. 5: Incompetents And Dependents, Ralph F. Fuchs
Book Review. Vernier, C. G., American Family Laws, Vol. 5: Incompetents And Dependents, Ralph F. Fuchs
Articles by Maurer Faculty
No abstract provided.