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Full-Text Articles in Law

The Disabled Employee And Reasonable Accommodation Under The Minnesota Human Rights Act: Where Does Absenteeism Attributable To The Disability Fit Into The Law? Lindgren V. Harmon Glass Co., 489 N.W.2d 804 (Minn. Ct. App. 1992), Laura Reilly Jan 1993

The Disabled Employee And Reasonable Accommodation Under The Minnesota Human Rights Act: Where Does Absenteeism Attributable To The Disability Fit Into The Law? Lindgren V. Harmon Glass Co., 489 N.W.2d 804 (Minn. Ct. App. 1992), Laura Reilly

Journal Articles

No abstract provided.


Defining "Disability": The Approach To Follow, Theodore J. St. Antoine Jan 1993

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 Nature And Purposes Of Advocacy For People With Disabilities, Errol Cocks, Gordon Duffy Jan 1993

The Nature And Purposes Of Advocacy For People With Disabilities, Errol Cocks, Gordon Duffy

Research outputs pre 2011

Although all human beings experience vulnerability, people with disabilities experience heightened vulnerability. For some people, the consequences of this heightened vulnerability may include social devaluation, physical and social rejection, a loss of control over important areas of their lives and brutalisation. Advocacy is one vital response to vulnerability and its consequences. This monograph presents the results of the National Advocacy Research Project which involved an analysis of the status of advocacy for people with disabilities within Australia and provides direction for the future development of advocacy nationally. The monograph explicates the need for and the purposes of advocacy for people …


Attitudinal Barriers To Hiring Attorneys With Disabilities, Michael Ashley Stein Jan 1993

Attitudinal Barriers To Hiring Attorneys With Disabilities, Michael Ashley Stein

Faculty Publications

No abstract provided.


Of Diagnoses And Discrimination: Discriminatory Nontreatment Of Infants With Hiv Infection, Mary Crossley Jan 1993

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 …


What Is Therapeutic Jurisprudence?, Michael L. Perlin Jan 1993

What Is Therapeutic Jurisprudence?, Michael L. Perlin

Articles & Chapters

No abstract provided.


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 Jan 1993

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 Jan 1993

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 …