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2000

Disability Law

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Articles 1 - 30 of 49

Full-Text Articles in Law

Research To Practice: Work Status Trends For People With Mental Retardation, Fy 1985 To Fy 1998, Dana Scott Gilmore, John Butterworth Dec 2000

Research To Practice: Work Status Trends For People With Mental Retardation, Fy 1985 To Fy 1998, Dana Scott Gilmore, John Butterworth

Research to Practice Series, Institute for Community Inclusion

National trends regarding extended employment (sheltered workshops) and competitive employment outcomes from state Vocational Rehabilitation systems between 1985 and 1998.

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Institute Brief: Wia And One-Stop Centers: Opportunities And Issues For The Disability Community, David Hoff Dec 2000

Institute Brief: Wia And One-Stop Centers: Opportunities And Issues For The Disability Community, David Hoff

The Institute Brief Series, Institute for Community Inclusion

This brief gives a basic overview of the act and examines its impact on the lives of people with disabilities as well as the systems and organizations that assist them.

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Disabled Without Benefits: The Impacts Of Recent Social Security Reform On Disabled Children, Amber R. Anderson Dec 2000

Disabled Without Benefits: The Impacts Of Recent Social Security Reform On Disabled Children, Amber R. Anderson

Boston College Law Review

In 1996, Congress passed sweeping reforms aimed at overhauling the welfare system. The Personal Responsibility and Work Opportunity Reconciliation Act ("PRWORA") included a new definition of childhood disability that, it is estimated, excluded 100,000 children from SSI benefits. This Note explains the changes implemented within the childhood disability system and explains the reasoning behind those changes. It then argues that the regulations promulgated in response to PRWORA exclude truly disabled children from receiving disability benefits. These regulations violate the Social Security Act, are inconsistent with the stated policies of the Social Security Administration and draw arbitrary distinctions, violating the ...

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Deference And Disability Discrimination, Rebecca Hanner White Dec 2000

Deference And Disability Discrimination, Rebecca Hanner White

Michigan Law Review

For thirty-five years, the civil rights community has paid scant attention to administrative law principles. Those interested in advancing on-the-job equality for this country's working men and women (or in preserving employer autonomy vis-a-vis federal encroachment) have all but ignored what many consider the arcane technicalities of administrative law. This state of affairs is strange when one considers that administration and enforcement of each of our major federal laws outlawing employment discrimination have been confided to an administrative agency, the Equal Employment Opportunity Commission ("EEOC"). The EEOC, however, has historically been given short shrift by litigants and by the ...

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Reducing The Overburden: The Doris Coal Presumption And Administrative Efficiency Under The Black Lung Benefits Act, Eric R. Olson Dec 2000

Reducing The Overburden: The Doris Coal Presumption And Administrative Efficiency Under The Black Lung Benefits Act, Eric R. Olson

Michigan Law Review

Coal dust build-up prevents many coal miners' lungs from functioning properly. This condition, commonly referred to as black lung or pneumoconiosis, can make common activities nearly impossible. The Black Lung Benefits Act covers the cost of medical treatment for many affected miners, though procedural impediments often prevent miners from receiving care. The miner's current or former employer, when identifiable, must pay for medical care relating to the miner's black lung. Most disputes over miners' claims for medical care arise when the miner has a history of cigarette smoking and the need for medical care could arise from either ...

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Research To Practice: Time Limits, Exemption, And Disclosure: Tanf Caseworkers And Clients With Disabilities, Jaimie Ciulla Timmons, Danielle Dreilinger Nov 2000

Research To Practice: Time Limits, Exemption, And Disclosure: Tanf Caseworkers And Clients With Disabilities, Jaimie Ciulla Timmons, Danielle Dreilinger

Research to Practice Series, Institute for Community Inclusion

Findings show that welfare caseworkers experience unique challenges when supporting welfare recipients with disabilities, including time limit pressures and conflict over exemptions. The brief includes a resource list for caseworkers.

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Let's Be Reasonable Here: Why The Ada Will Not Ruin Professional Sports, Michael Waterstone Nov 2000

Let's Be Reasonable Here: Why The Ada Will Not Ruin Professional Sports, Michael Waterstone

BYU Law Review

No abstract provided.

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The Americans With Disabilities Act And Academic Libraries In The Southeastern United States, Linda Lou Wiler, Eleanor Lomax Oct 2000

The Americans With Disabilities Act And Academic Libraries In The Southeastern United States, Linda Lou Wiler, Eleanor Lomax

E-JASL 1999-2009 (volumes 1-10)

Individuals with disabilities are one of the fastest-growing segments of United States society. In 1970, 11.7% of the United States population was limited in activity, a major factor in measuring and identifying people with disabilities. In 1990, because of the aging of America, 13.7 % of the population could be so identified. By 1994, 15% of the population fell into this group. During this latter period, the older population stayed fairly stable but children and younger adults with disabilities increased greatly. Many different figures, depending upon the method of counting, e.g., age groups included, or whether residence was ...

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Disability Benefits And The Ada After Cleveland V. Policy Management Systems, Jessica Barth Oct 2000

Disability Benefits And The Ada After Cleveland V. Policy Management Systems, Jessica Barth

Indiana Law Journal

No abstract provided.

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Reassignment Under The Americans With Disabilities Act: Reasonable Accommodation, Affirmative Action, Or Both?, Stephen F. Befort, Tracey Holmes Donesky Sep 2000

Reassignment Under The Americans With Disabilities Act: Reasonable Accommodation, Affirmative Action, Or Both?, Stephen F. Befort, Tracey Holmes Donesky

Washington and Lee Law Review

No abstract provided.

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Labor Markets, Rationality, And Workers With Disabilities, Michael Ashley Stein Jul 2000

Labor Markets, Rationality, And Workers With Disabilities, Michael Ashley Stein

Faculty Publications

No abstract provided.

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Policy Brief: Provisions In The Workforce Investment Act Relating To Nondiscrimination On The Basis Of Disability And The Development By The Governor Of A Written Methods Of Administration, Robert Silverstein Mar 2000

Policy Brief: Provisions In The Workforce Investment Act Relating To Nondiscrimination On The Basis Of Disability And The Development By The Governor Of A Written Methods Of Administration, Robert Silverstein

Policy Briefs Series, Institute for Community Inclusion

An outline of key provisions in the interim final regulations describing the nondiscrimination and equal opportunity responsibilities of the governor, WIA fund recipients, and programs and activities that are part of the One-Stop system.

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Tools For Inclusion: People With Disabilities: Having A Voice In The Creation Of The New Workforce Investment System, David Hoff Mar 2000

Tools For Inclusion: People With Disabilities: Having A Voice In The Creation Of The New Workforce Investment System, David Hoff

Tools for Inclusion Series, Institute for Community Inclusion

This publication informs people with disabilities and advocates about the opportunities available for input into WIA implementation at the state and local level.

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Transfer Of Rights Under The Individuals With Disabilities Act: Adulthood With Ability Or Disability?, Deborah Rebore, Perry Zirkel Mar 2000

Transfer Of Rights Under The Individuals With Disabilities Act: Adulthood With Ability Or Disability?, Deborah Rebore, Perry Zirkel

Brigham Young University Education and Law Journal

No abstract provided.

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Sutton V. United Air Lines, Inc.: The Role Of Mitigating Measures In Determining Disabilities, Julia J. Hall Mar 2000

Sutton V. United Air Lines, Inc.: The Role Of Mitigating Measures In Determining Disabilities, Julia J. Hall

Mercer Law Review

In Sutton v. United Air Lines, Inc., the United States Supreme Court held that the determination of "disability" under the Americans with Disabilities Act of 1990 ("ADA") requires a consideration of any mitigating or corrective measures. The Court further held that an individual is "regarded as" disabled under the ADA if a covered entity mistakenly believes that the individual's actual, yet nonlimiting, impairment substantially limits a major life activity. This Casenote focuses only on the issue of whether the determination of disability under the ADA should be made with reference to any mitigating measures for the impairment.

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Policy Brief: The Ticket To Work And Self-Sufficiency Program And Established Under The Ticket To Work And Work Incentives Improvement Act Of 1999, Robert Silverstein Feb 2000

Policy Brief: The Ticket To Work And Self-Sufficiency Program And Established Under The Ticket To Work And Work Incentives Improvement Act Of 1999, Robert Silverstein

Policy Briefs Series, Institute for Community Inclusion

A description of the major provisions in Title I of the Act, which created the Ticket to Work and Self-Sufficiency Program.

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Policy Brief: Improvements To The Ssdi And Ssi Work Incentives And Expanded Availability Of Health Care Services To Workers With Disabilities Under The Ticket To Work And Work Incentives Improvement Act Of 1999, Robert Silverstein Feb 2000

Policy Brief: Improvements To The Ssdi And Ssi Work Incentives And Expanded Availability Of Health Care Services To Workers With Disabilities Under The Ticket To Work And Work Incentives Improvement Act Of 1999, Robert Silverstein

Policy Briefs Series, Institute for Community Inclusion

This brief gives background information on federal income maintenance and health care programs, and describes the major provisions of the Ticket to Work and Work Incentives Improvement Act.

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Tools For Inclusion: One-Stop Centers: A Guide For Job Seekers With Disabilities, Sheila Fesko, David Hoff, Melanie Jordan Feb 2000

Tools For Inclusion: One-Stop Centers: A Guide For Job Seekers With Disabilities, Sheila Fesko, David Hoff, Melanie Jordan

Tools for Inclusion Series, Institute for Community Inclusion

General information about the One-Stop system and answers to specific questions individuals with disabilities may have about One-Stop services.

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Empirical Implications Of Title I, Michael Ashley Stein Jan 2000

Empirical Implications Of Title I, Michael Ashley Stein

Faculty Publications

No abstract provided.

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Is There A Pink Slip In My Genes? Genetic Discrimination In The Workplace, Paul Steven Miller, Lawrence O. Gostin Jan 2000

Is There A Pink Slip In My Genes? Genetic Discrimination In The Workplace, Paul Steven Miller, Lawrence O. Gostin

Journal of Health Care Law and Policy

No abstract provided.

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Cleveland V. Policy Management Systems Corporation: Triumph For The Working Disabled Or Hollow Procedural Device?, Sarah N. Otwell Jan 2000

Cleveland V. Policy Management Systems Corporation: Triumph For The Working Disabled Or Hollow Procedural Device?, Sarah N. Otwell

Journal of Health Care Law and Policy

No abstract provided.

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A Law Of Healing, Michael L. Perlin Jan 2000

A Law Of Healing, Michael L. Perlin

Articles & Chapters

No abstract provided.

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Is Hiv Disability Under The Americans With Disabilities Act: Unanswered Questions After Bragdon V. Abbott, Connie Mayer Jan 2000

Is Hiv Disability Under The Americans With Disabilities Act: Unanswered Questions After Bragdon V. Abbott, Connie Mayer

Journal of Law and Health

Prior to the passage of the ADA in 1990, the term "individual with a handicap" had been clearly established under federal disability laws to include all people with HIV. Every reported decision under the Rehabilitation Act and the Fair Housing Amendment Act had determined that asymptomatic HIV was protected as a per se disability. Prior to 1997, only a few Courts had faced the issue of whether a plaintiff with asymptomatic HIV was disabled under the ADA. In 1997, the Fourth and First Circuit Courts of Appeal decided cases in direct conflict with one another, opening the door for the ...

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For The Misdemeanor Outlaw: The Impact Of The Ada On The Institutionalization Of Criminal Defendants With Mental Disabilities, Michael L. Perlin Jan 2000

For The Misdemeanor Outlaw: The Impact Of The Ada On The Institutionalization Of Criminal Defendants With Mental Disabilities, Michael L. Perlin

Articles & Chapters

This article argues that the Supreme Court's decision in Olmstead v. L.C., 119 S. Ct. 2176 (1999), finding a qualified right to community treatment and services for certain institutionalized persons under the Americans with Disabilities Act (ADA), causes us to reconceptualize state policies that mandate that all defendants in four categories - those being evaluated for competency to stand trial, those found permanently incompetent to stand trial under the Supreme Court's decision in Jackson v. Indiana, 406 U.S. 715 (1972), those being evaluated for insanity, and those found not guilty by reason of insanity - be treated and ...

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Aging, Rights, And Quality Of Life: Prospects For Older People With Developmental Disabilities, Mark C. Weber Jan 2000

Aging, Rights, And Quality Of Life: Prospects For Older People With Developmental Disabilities, Mark C. Weber

Loyola University Chicago Law Journal

No abstract provided.

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Genetic Discrimination: Why Bragdondoes Not Ensure Protection, Laura F. Rothstein Jan 2000

Genetic Discrimination: Why Bragdondoes Not Ensure Protection, Laura F. Rothstein

Journal of Health Care Law and Policy

No abstract provided.

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Adverse Impact Of Predisposition Testing On Major Life Activities: Lessons From Brca 1/2testing, Katherine A. Schneider Jan 2000

Adverse Impact Of Predisposition Testing On Major Life Activities: Lessons From Brca 1/2testing, Katherine A. Schneider

Journal of Health Care Law and Policy

No abstract provided.

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Discrimination Based On Hiv/Aids And Other Health Conditions: "Disability" As Defined Under Federal And State Law, David W. Webber Jan 2000

Discrimination Based On Hiv/Aids And Other Health Conditions: "Disability" As Defined Under Federal And State Law, David W. Webber

Journal of Health Care Law and Policy

No abstract provided.

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Bragdon V. Abbott, Asymptomatic Genetic Conditions, And Antidiscrimination Law: A Conservative Perspective , Roger Clegg Jan 2000

Bragdon V. Abbott, Asymptomatic Genetic Conditions, And Antidiscrimination Law: A Conservative Perspective , Roger Clegg

Journal of Health Care Law and Policy

No abstract provided.

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The Definition Of Disability: Perspective Of The Disability Community, Deborah Kaplan Jan 2000

The Definition Of Disability: Perspective Of The Disability Community, Deborah Kaplan

Journal of Health Care Law and Policy

No abstract provided.

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