Law Commons^™

Persons Affected By Traumatic Brain Injury In The Workplace; Implications For Employee Assistance Programs, Dale Margolin Cecka

Law Faculty Publications

Employee Assistance Programs often provide behavioral health services to employees. The article discusses issues related to employees affected by traumatic brain injury such as psychosocial challenges that may accompany reentry into the workplace. Strategies that employers may utilize to accommodate such challenges are presented. Implications for practitioners are explored within the context of the Americans with Disabilities Act, disability management, and human resources.

Framing Disability, Elizabeth F. Emens

Faculty Scholarship

Mainstream attitudes toward disability lag behind U.S. law. This tension between attitudes and law reflects a wider gap between the ideas about disability pervasive in mainstream society — what this Article calls the "outside" view — and the ideas about disability common within the disability community — what this Article calls the "inside" view. The outside perspective tends to misunderstand and mischaracterize aspects of the experience, theory, and law of disability.

The law can help to close this gap in attitudes by changing the conditions in which attitudes are formed or reinforced. Thus, this Article proposes using framing rules to …

Representing Parents With Severe Mental Illness In Child Welfare Cases, Joshua B. Kay

Articles

Parents with severe mental illness are at greater risk than others of becoming involved in the child protection system, and their cases are more likely than others to result in termination of parental rights. Among women with severe mental illness, 26-75% lose custody to one or more of their children, rates far higher than for women without mental illness. Lawyers who represent mentally ill parents in child protection matters face a number of challenges, including maintaining a productive attorney-client relationship, advocating for appropriate services and reasonable accommodations for their clients’ disabilities, and refuting assumptions about their clients’ parenting abilities that …

Disabling Attitudes: U.S. Disability Law And The Ada Amendments Act, Elizabeth F. Emens

Faculty Scholarship

This is a crucial juncture for U.S. disability law. In 2008, Congress passed the ADA Amendments Act (ADAAA), which aims to reverse the courts’ narrowing interpretations of the Americans with Disabilities Act of 1990. This legislative intervention provides an important lens through which to consider attitudes toward disability, both because the success of the ADAAA will depend on judicial attitudes, and because the changes rendered by the ADAAA shed light on pervasive societal attitudes. This Essay makes three main points. First, the ADAAA intervenes in the developing doctrine on disability discrimination in important ways; in so doing, however, the ADAAA …