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Articles 1 - 12 of 12
Full-Text Articles in Law
So What If I'M Gonna Hurt Myself: The Ada's Direct Threat Defense, Tory L. Lucas
So What If I'M Gonna Hurt Myself: The Ada's Direct Threat Defense, Tory L. Lucas
Faculty Publications and Presentations
A high-beam walking ironworker atop a skyscraper develops a severe case of vertigo. A power saw operator develops narcolepsy. Must the employers of these individuals with disabilities tolerate the risk that they pose to their own safety in fear of facing disability discrimination charges by removing the employees from their jobs? The Americans with Disabilities Act of 1990 (ADA) clearly provides a defense to a discrimination claim by an individual with a disability when the employer takes action based on the individual’s posing a direct threat to the health or safety of other individuals in the workplace. This is commonly …
Atkins V. Virginia: The Court's Failure To Recognize What Lies Beneath, Jaime L. Henshaw
Atkins V. Virginia: The Court's Failure To Recognize What Lies Beneath, Jaime L. Henshaw
University of Richmond Law Review
No abstract provided.
Defining Capacity: The Competing Interests Of Autonomy And Need, Nancy J. Knauer
Defining Capacity: The Competing Interests Of Autonomy And Need, Nancy J. Knauer
Nancy J. Knauer
This Essay addresses the question of capacity - the basic threshold determination that pervades all areas of the law. An individual must have the requisite level of capacity to consent to sex, refuse medical treatment, enter into a contract, marry, divorce, relinquish parental rights, execute a will, make a gift, donate organs, vote, serve on a jury, stand trial, and even to hire a lawyer. The standards regulating determinations of capacity are not monolithic. An individual may lack the capacity to contract, but may have the requisite capacity to write a will or to refuse life-sustaining medical treatment. As individuals, …
A Sanist Will?, Pamela R. Champine
Alternative Approaches To Judicial Review Of Social Security Disability Cases, Jeffrey Lubbers
Alternative Approaches To Judicial Review Of Social Security Disability Cases, Jeffrey Lubbers
Articles in Law Reviews & Other Academic Journals
For many years, Congress has had various bills before it to create alternatives to the current practice of Article III review (in district courts) of Social Security disability cases. This report, prepared initially for the Social Security Advisory Board, reviews the various legislative proposals and statutory alternatives such as the Veterans Administration administrative/judicial review structure. It concludes that, on balance, review before an Article I court (with Court of Appeals review limited to purely legal issues) has numerous advantages over the present system. These advantages include improvements in the accuracy and consistency of results (the federal district courts have vastly …
Developing A Full And Fair Evidentiary Record In A Nonadversary Setting: Two Proposals For Improving Social Security Disability Adjudications, Jeffrey Lubbers, Frank S. Bloch, Paul R. Verkuil
Developing A Full And Fair Evidentiary Record In A Nonadversary Setting: Two Proposals For Improving Social Security Disability Adjudications, Jeffrey Lubbers, Frank S. Bloch, Paul R. Verkuil
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The Labor Market Experience Of Workers With Disabilities: The Ada And Beyond, Julie L. Hotchkiss
The Labor Market Experience Of Workers With Disabilities: The Ada And Beyond, Julie L. Hotchkiss
Upjohn Press
This book focuses on the labor market provisions of the Americans with Disabilities Act (ADA). It provides a comprehensive analysis of the current labor market experience of American workers with disabilities and an assessment of the impact the ADA has had on that experience.
The Decline In Employment Of People With Disabilities: A Policy Puzzle, David C. Stapleton Editor, Richard V. Burkhauser Editor
The Decline In Employment Of People With Disabilities: A Policy Puzzle, David C. Stapleton Editor, Richard V. Burkhauser Editor
Upjohn Press
The book begins with a documentation of the employment rate decline and ends by spelling out the implications of this decline for public policy. However, the bulk of the book provides a detailed examination of the various explanations for the puzzling decline in employment among the working-aged population with disabilities.
The Interaction Of The Ada, The Fmla, And Workers' Compensation: Why Can't We Be Friends?, S. Elizabeth Malloy
The Interaction Of The Ada, The Fmla, And Workers' Compensation: Why Can't We Be Friends?, S. Elizabeth Malloy
Faculty Articles and Other Publications
This Article addresses some of the issues that arise when an employee injured at work qualifies for leave under the ADA, the FMLA and workers' compensation statutes. Part II of the Article provides a brief overview of these
three statutory schemes, focusing on the provisions, which define employee and employer qualification and the rights and responsibilities surrounding leave due to a work-related injury. Part III examines how the courts have resolved some of the overlapping and conflicting provisions contained in these statutes. This section particularly focuses on how the courts address employer obligations under all three statutes when an employee …
Substantially Limited Justice?: The Possibilities And Limits Of A New Rawlsian Analysis Of Disability-Based Discrimination, Elizabeth Pendo
Substantially Limited Justice?: The Possibilities And Limits Of A New Rawlsian Analysis Of Disability-Based Discrimination, Elizabeth Pendo
All Faculty Scholarship
In its recent terms, the Supreme Court has increasingly turned its attention toward the Americans with Disabilities Act, and specifically the questions of who should be protected under the ADA, and what such protection requires. In the wake of the Court's decisions, workers have found it increasingly difficult to assert and protect their right to be free of disability-based discrimination in the workplace. Given the widespread influence of John Rawls in contemporary discussions of social, political and economic justice, his recent and final formulation of his theory of distributive justice presents a significant and promising philosophical foundation for evaluation of …
Examining How The Inclusion Of Disabled Students Into The General Classroom May Affect Non-Disabled Classmates, Marissa L. Antoinette
Examining How The Inclusion Of Disabled Students Into The General Classroom May Affect Non-Disabled Classmates, Marissa L. Antoinette
Fordham Urban Law Journal
This Comment discusses the effectiveness of the inclusion of disabled students in general classrooms, focusing particularly on the effects on non-disabled classmates. Part I of this Comment outlines the history of inclusion as established through federal legislation, as well as its gradual implementation in New York City. Part II examines the issues concerning inclusion, looking at the consequences inappropriate inclusion of disabled students may have on the non-disabled ("general") student. Finally, Part III proposes a solution, suggesting that a school district give a disabled student a "three strikes" policy regarding disruptions, after which she may be removed, permanently or temporarily, …
Good Life In The Balance: A Cross-National Study Of Dutch And Australian Disability Perspectives On Euthanasia And Physician-Assisted Suicide, Erik A. Leipoldt
Good Life In The Balance: A Cross-National Study Of Dutch And Australian Disability Perspectives On Euthanasia And Physician-Assisted Suicide, Erik A. Leipoldt
Theses: Doctorates and Masters
This is a cross-national qualitative study with the purpose of obtaining perspectives held by people with quadriplegia and leading figures in disability movements in the Netherlands and Australia on the issues of euthanasia and physician-assisted suicide (EPAS). A disability voice is not prominent in public debate on EPAS in Australia or the Netherlands, even though people with disabilities are often thought to be vulnerable in relation to EPAS policies. Disability perspectives are potentially valuable in illuminating issues in relation to euthanasia and physician-assisted suicide, because issues of dependence, independence, and individual autonomy play important roles in relation to both EPAS …