Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 7 of 7

Full-Text Articles in Law

A Right To Fly: Navigating The Air Carrier Access Act And The Americans With Disabilities Act Following Alexander V. Sandoval, William Belles Nov 2023

A Right To Fly: Navigating The Air Carrier Access Act And The Americans With Disabilities Act Following Alexander V. Sandoval, William Belles

Northern Illinois University Law Review

There are approximately 54 million disabled individuals in the United States. Those 54 million American citizens live their day to day lives differently than the average person, facing difficulties most others cannot comprehend. While legislation has come a long way in recent decades, one area that has remained stagnant is how we treat disabilities on airplanes. Despite legislation remaining relatively stagnant, judicial opinions have not. In fact, many United States Circuit Courts have determined that the Air Carrier Access Act, which provides limited protections on airplanes, does not confer a private cause of action for violations. As a result, the …


Climate Discrimination, Duane Rudolph Mar 2023

Climate Discrimination, Duane Rudolph

Catholic University Law Review

This Article focuses on the coming legal plight of workers in the United States, who will likely face discrimination as they search for work outside their home states. The Article takes for granted that climate change will have forced those workers across state and international boundaries, a reality dramatically witnessed in the United States during the Dust Bowl of the 1930s. During that environmental emergency (and the devastation it wrought), workers were forced across boundaries only to be violently discriminated against upon arrival in their new domiciles. Such discrimination is likely to recur, and it will threaten the livelihoods of …


Beyond Title Vii: Litigating Harassment By Nonemployees Under The Ada And Adea, Kate Bradley Mar 2023

Beyond Title Vii: Litigating Harassment By Nonemployees Under The Ada And Adea, Kate Bradley

Washington Law Review

Employees in the United States are protected from unlawful harassment that rises to the level of a “hostile work environment.” Federal circuits recognize that employers could be liable under Title VII when their employees experience hostile work environments because of harassment from nonemployees. However, outside of Title VII, not all federal circuits have recognized that the Americans with Disabilities Act of 1990 (ADA) and Age Discrimination in Employment Act of 1967 (ADEA) protect employees from hostile work environments.

As a result, employees are vulnerable with respect to age and disability-based harassment. This Comment argues that all federal circuits should allow …


Mental Health, Law School, And Bar Admissions: Eliminating Stigma And Fostering A Healthier Profession, Natalie C. Fortner Jan 2023

Mental Health, Law School, And Bar Admissions: Eliminating Stigma And Fostering A Healthier Profession, Natalie C. Fortner

Arkansas Law Review

Part II of this Comment explores the current state of mental health in the legal profession and the shortcomings of state bar associations, lawyer assistance programs “LAPs”), and courts applying the Americans with Disabilities Act (“ADA”) in combating the profession’s mental health problem. Part III then examines practical steps the profession can take at the law school level that will aid in eliminating the stigma associated with seeking mental health treatment in the legal profession, thus addressing the problem at its source.


Did The Supreme Court In Transunion V. Ramirez Transform The Article Iii Standing Injury In Fact Test?: The Circuit Split Over Ada Tester Standing And Broader Theoretical Considerations, Bradford Mank Jan 2023

Did The Supreme Court In Transunion V. Ramirez Transform The Article Iii Standing Injury In Fact Test?: The Circuit Split Over Ada Tester Standing And Broader Theoretical Considerations, Bradford Mank

Faculty Articles and Other Publications

Some commentators have criticized the Supreme Court’s 2016 decision in Spokeo, Inc. v. Robins and especially the Court’s 2021 decision in TransUnion LLC v. Ramirez for limiting Congress’ authority to confer standing by statute. For example, in his article, Injury in Fact Transformed, Professor Cass Sunstein argues that TransUnion is a “radical ruling” that uses the injury in fact standing requirement to limit the authority of Congress to enact only statutes that address harms that have a close relationship to traditional or common law harms. By contrast, Professor Ernst Young argues that the Supreme Court’s injury in fact doctrine is …


Americans With Disabilities Act Of 1990 Display, Minnesota State University, Mankato Jan 2023

Americans With Disabilities Act Of 1990 Display, Minnesota State University, Mankato

Civil Rights

Bibliography and photographs of a display of government documents from Minnesota State University, Mankato.


Policy Concern For Disabled Individuals With Service Dogs, Beth Carmain Jan 2023

Policy Concern For Disabled Individuals With Service Dogs, Beth Carmain

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.