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2000

Journal

Disability Law

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Articles 1 - 28 of 28

Full-Text Articles in Law

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 ...


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 ...


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 ...


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.


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.


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.


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.


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.


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.


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.


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 ...


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.


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.


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.


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.


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.


The Americans With Disabilities Act After Sutton V. United Air Lines--Can It Live Up To Its Promise Of Freedom For Disabled Americans?, Ashley L. Pack Jan 2000

The Americans With Disabilities Act After Sutton V. United Air Lines--Can It Live Up To Its Promise Of Freedom For Disabled Americans?, Ashley L. Pack

Kentucky Law Journal

No abstract provided.


A Study In Double Standards, Discipline, And The Disabled Student, Anne Proffitt Dupre Jan 2000

A Study In Double Standards, Discipline, And The Disabled Student, Anne Proffitt Dupre

Washington Law Review

School violence and other school discipline issues erode trust and confidence in our public schools and inhibit students from obtaining the education necessary to participate meaningfully in our nation's democratic and political institutions. This Article examines an issue of school law that appears almost insoluble-what one judge has called the "exquisitely difficult" issue of school discipline and the disabled student. The issue is governed by the Individuals with Disabilities Education Act (IDEA, enacted in 1975), which imposes significant constraints on school authorities who wish to discipline disruptive or violent disabled students. School officials have stated that IDEA left them ...


Maintaining Athletics As An Important Part Of A High School Education: The Seventh Circuit Gives Hope To Disabled Student-Athletes In Washington V. Indiana High School Athletic Association, Inc., Kristine Larochelle Jan 2000

Maintaining Athletics As An Important Part Of A High School Education: The Seventh Circuit Gives Hope To Disabled Student-Athletes In Washington V. Indiana High School Athletic Association, Inc., Kristine Larochelle

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


Between A Disability And A Hard Place: The Cancer Survivors' Catch-22 Of Proving Disability Status Under The Americans With Disabilities Act, Barbara Hoffman Jan 2000

Between A Disability And A Hard Place: The Cancer Survivors' Catch-22 Of Proving Disability Status Under The Americans With Disabilities Act, Barbara Hoffman

Maryland Law Review

No abstract provided.


Scaling Back The Ada: How The Sutton V. United Airlines Decision Affects Employees With Bipolar Disorder., Kevin Wiley Jr. Jan 2000

Scaling Back The Ada: How The Sutton V. United Airlines Decision Affects Employees With Bipolar Disorder., Kevin Wiley Jr.

The Scholar: St. Mary's Law Review on Race and Social Justice

The Sutton v. United Airlines decision went too far in the Supreme Court’s effort to scale back the protections of the Americans with Disabilities Act (ADA).  Congress should review the Sutton decision and amend the ADA to consider disabilities as they exist without regard to mitigating measures based on the severity of the illness. To seek protection under the ADA, one must have a discernable disability, and one’s impairment must be diagnosed and disclosed to the employer. Disability, however, was not specifically defined in the ADA, and no agency or regulation has specifically defined disability for the courts ...


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.


Bragdon V. Abbott: Extending The Americans With Disabilities Act To Asymptomatic Individuals, Eugenia Liu Jan 2000

Bragdon V. Abbott: Extending The Americans With Disabilities Act To Asymptomatic Individuals, Eugenia Liu

Journal of Health Care Law and Policy

No abstract provided.


Olmstead V. Zimring, Unnecessary Institutionalization Constitutes Discrimination Under The Americans With Disabilities Act, Shoshana Fishman Jan 2000

Olmstead V. Zimring, Unnecessary Institutionalization Constitutes Discrimination Under The Americans With Disabilities Act, Shoshana Fishman

Journal of Health Care Law and Policy

No abstract provided.


The Wrong Tool For The Right Job: Are Commercial Websites Places Of Public Accommodation Under The Americans With Disabilities Act Of 1990?, Patrick Maroney Jan 2000

The Wrong Tool For The Right Job: Are Commercial Websites Places Of Public Accommodation Under The Americans With Disabilities Act Of 1990?, Patrick Maroney

Vanderbilt Journal of Entertainment & Technology Law

The text of the ADA does not support such an extension. The interpretative canons of "noscitur a sociis" and "ejusdem generis" dictate that "places of public accommodation" refer exclusively to physical facilities. The canons also sufficiently resolve any possible statutory ambiguities, thereby foreclosing the opportunity for contrary agency interpretations. Although the intentionally broad purpose and design of the ADA make the statute an attractive avenue for advocates of online expansion, that same purpose and design limit the ADA to physical facilities. This note addresses the issues in two parts. First, it presents the arguments just listed. Second, it recognizes the ...


Reflections On Disability Discrimination Policy—25 Years, Laura F. Rothstein Jan 2000

Reflections On Disability Discrimination Policy—25 Years, Laura F. Rothstein

University of Arkansas at Little Rock Law Review

No abstract provided.


The Supreme Court Reins In The Americans With Disabilities Act, Stephen W. Jones Jan 2000

The Supreme Court Reins In The Americans With Disabilities Act, Stephen W. Jones

University of Arkansas at Little Rock Law Review

No abstract provided.


The Americans With Disabilities Act Of 1900: A Road Now Too Narrow, Luther Sutter Jan 2000

The Americans With Disabilities Act Of 1900: A Road Now Too Narrow, Luther Sutter

University of Arkansas at Little Rock Law Review

No abstract provided.