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Full-Text Articles in Law

Mr. Peanut Goes To Court: Accomodating An Individuals Peanut Allergy In Schools And Day Care Centers Under The Americans Wtih Disabilities Act, Marie Plicka Jan 1999

Mr. Peanut Goes To Court: Accomodating An Individuals Peanut Allergy In Schools And Day Care Centers Under The Americans Wtih Disabilities Act, Marie Plicka

Journal of Law and Health

This article explores the ADA and the interpretive case law, as it pertains to schools and day care centers, in hopes of better understanding the purpose of the statute as well as to predict its future. Part II of this article provides a brie explanation of peanut allergies. Part III contains an overview of Title II and Title III of the ADA and their interpretive regulations. Part IV analyzes whether an individual asserting a Title II claim under the ADA, where the relief sought is also available under the Individual with Disabilities Education Act before asserting his or her ADA …


Higher Burden For Ada Plaintiffs, Susan J. Becker Jan 1999

Higher Burden For Ada Plaintiffs, Susan J. Becker

Law Faculty Articles and Essays

Plaintiffs in Americans with Disabilities Act (ADA) cases have a signigicantly higher burden to show a disability due to a triliogy of recent decisions. This article examines this recent case law.