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Articles 211 - 240 of 354
Full-Text Articles in Disability Law
Reframing The Dei Case, Veronica Root Martinez
Reframing The Dei Case, Veronica Root Martinez
Seattle University Law Review
Corporate firms have long expressed their support for the idea that their organizations should become more demographically diverse while creating a culture that is inclusive of all members of the firm. These firms have traditionally, however, not been successful at improving demographic diversity and true inclusion within the upper echelons of their organizations. The status quo seemed unlikely to move, but expectations for corporate firms were upended after the #MeToo Movement of 2017 and 2018, which was followed by corporate support of the #BlackLivesMatter Movement in 2020. These two social movements, while distinct in many ways, forced firms to rethink …
Women In Shareholder Activism, Sarah C. Haan
Women In Shareholder Activism, Sarah C. Haan
Seattle University Law Review
Even a cursory review of the history of American environmental, social, and corporate governance (ESG) shareholder activism reveals the presence of women leaders. This Article sketches some of this history and interrogates the role of women in the shareholder activism movement. That movement typically has involved claims by minority shareholders to corporate power; activists are nearly always on the margins of power, though minority shareholders may, collectively, represent a majority interest. This Article ascribes women’s leadership in shareholder activism to their longstanding position as outsiders to corporate organization. Women’s participation in shaping corporate policy—even from the margins—has provided women with …
#Metoo And The Corporation In Popular Culture, Brenda Cossman
#Metoo And The Corporation In Popular Culture, Brenda Cossman
Seattle University Law Review
#MeToo’s initial virtual explosion in the fall of 2017 was very much about Hollywood, with famous actresses speaking out against famous producers, media moguls and celebrities, exposing the ubiquity of sexual harassment and sexual violence in and around the entertainment industry. Since then, #MeToo has made its way into Hollywood representations without much irony. Films and television shows have explicitly taken up the #MeToo themes, exploring issues of sexual harassment and violence and its afterlives. Many television shows, from the relaunched version of Murphy Brown to Brooklyn Nine-Nine to The Good Fight have incorporated #MeToo themes into episodes exploring the …
Woke Capital Revisited, Jennifer S. Fan
Woke Capital Revisited, Jennifer S. Fan
Seattle University Law Review
Inclusive corporate leadership is now at the forefront of discussions related to corporate governance. Two corporate theories help to explain the rise in prominence of diversity, equity, and inclusion (“DEI”) efforts in corporate leadership. First, an expanded definition of corporate purpose which elevated the idea of the importance of stakeholders, contributed to the momentum from business and legal quarters for broader corporate inclusion. Second, the increasing publicness of corporations—the social expectation of how large, typically public corporations should act given their position of power—also led to corporations becoming more active in the DEI space. It is against this backdrop that …
Army Commander’S Role—The Judge, Jury, & Prosecutor For The Article 15, Anthony Godwin
Army Commander’S Role—The Judge, Jury, & Prosecutor For The Article 15, Anthony Godwin
Seattle University Law Review
Service members in the armed forces are bound by a different set of rules when compared to other U.S. citizens. Some of the normal safeguards and protections that civilians enjoy are much more restrictive for military service members, and this is generally for a good reason. Such restrictions are partly due to the complex demands and needs of the United States military. Congress and the President have entrusted military commanders with special powers that enable them to handle minor violations of law without needing to go through a full judicial proceeding. Non-judicial punishments (NJP), also known as Article 15s, are …
A Synthesis Of The Science And Law Relating To Eyewitness Misidentifications And Recommendations For How Police And Courts Can Reduce Wrongful Convictions Based On Them, Henry F. Fradella
A Synthesis Of The Science And Law Relating To Eyewitness Misidentifications And Recommendations For How Police And Courts Can Reduce Wrongful Convictions Based On Them, Henry F. Fradella
Seattle University Law Review
The empirical literature on perception and memory consistently demonstrates the pitfalls of eyewitness identifications. Exoneration data lend external validity to these studies. With the goal of informing law enforcement officers, prosecutors, criminal defense attorneys, judges, and judicial law clerks about what they can do to reduce wrongful convictions based on misidentifications, this Article presents a synthesis of the scientific knowledge relevant to how perception and memory affect the (un)reliability of eyewitness identifications. The Article situates that body of knowledge within the context of leading case law. The Article then summarizes the most current recommendations for how law enforcement personnel should—and …
Medical Necessity Of Residential Treatment For Anorexia: Can Parity Be Achieved?, Abbey Derechin
Medical Necessity Of Residential Treatment For Anorexia: Can Parity Be Achieved?, Abbey Derechin
Northwestern Journal of Law & Social Policy
This Note examines the statutory landscape of mental health parity in the United States. The lens of this Note is through the mental illness of anorexia. Parity laws mandate analogous limitations between mental and physical illness. Therefore, because anorexia has many physical manifestations, it serves as a nice juxtaposition to physical illnesses. This Note will argue for broad interpretation of the Mental Health Parity and Addiction Equity Act (MHPAEA) through comparative analysis of counterpart statute, the California Mental Health Parity Act (CMHPA). It will explore how courts have interpreted the CMHPA broadly to suggest that the MHPAEA should be interpreted …
Federally Mandated Online Sales Tax: A Logistical Solution For The Future Of E-Commerce, Daniel O'Connor
Federally Mandated Online Sales Tax: A Logistical Solution For The Future Of E-Commerce, Daniel O'Connor
DePaul Business & Commercial Law Journal
No abstract provided.
Economic Structural Transformation And Litigation: Evidence From Chinese Provinces, To Economic Change And Restructuring, Doug Bujakowski, Joan Schmit
Economic Structural Transformation And Litigation: Evidence From Chinese Provinces, To Economic Change And Restructuring, Doug Bujakowski, Joan Schmit
DePaul Business & Commercial Law Journal
No abstract provided.
The "Business Interruption" Insurance Coverage Conundrum: Covid-19 Presents A Challenge, Paul E. Traynor
The "Business Interruption" Insurance Coverage Conundrum: Covid-19 Presents A Challenge, Paul E. Traynor
DePaul Business & Commercial Law Journal
No abstract provided.
Misalighned Incentives In Markets: Envisioning Finance That Benefits All Of Society, Dr. Ryan Clements
Misalighned Incentives In Markets: Envisioning Finance That Benefits All Of Society, Dr. Ryan Clements
DePaul Business & Commercial Law Journal
No abstract provided.
State Laws For Due Process Hearings Under The Individuals With Disabilities Education Act Iv: Expedited Hearings, Andrew M.I. Lee, Perry A. Zirkel
State Laws For Due Process Hearings Under The Individuals With Disabilities Education Act Iv: Expedited Hearings, Andrew M.I. Lee, Perry A. Zirkel
Journal of the National Association of Administrative Law Judiciary
This article is a follow-up to a triad of analyses of state law additions to the basic requirements of the Individuals with Disabilities Education Act (IDEA) for due process hearings (DPHs). The former three articles covered the pre-hearing, hearing, and post-hearing stages of IDEA DPHs. The present article focuses on expedited DPHs, canvassing state law provisions specific to this more rapid, specialized proceeding in the IDEA. This article covers IDEA foundational requirements for expedited DPHs, and then summarizes and codes the state law provisions that supplement the federal template. Additionally, this article provides a discussion of federal preemption of state …
Monsanto: Creator Of Cancer Liability
Monsanto: Creator Of Cancer Liability
DePaul Business & Commercial Law Journal
No abstract provided.
Impact Of Corporate Response To Controversial Presidential Statements Or Policies
Impact Of Corporate Response To Controversial Presidential Statements Or Policies
DePaul Business & Commercial Law Journal
No abstract provided.
Brief Of Amici Curiae 23 Law Professors In Support Of Petitioner, Leslie Salzman, Rebekah Diller, Cardozo Bet Tzedek Legal Services
Brief Of Amici Curiae 23 Law Professors In Support Of Petitioner, Leslie Salzman, Rebekah Diller, Cardozo Bet Tzedek Legal Services
Amicus Briefs
On January 18, the Bet Tzedek Civil Litigation Clinic, co-directed by Professors Rebekah Diller and Leslie Salzman, filed a U.S. Supreme Court amicus brief in support of certiorari in the case of a deaf student who suffered 12 years of isolation and distress because his school refused to provide him with a qualified sign language interpreter (Perez v. Sturgis Public Schools). The clinic filed on behalf of 23 law professors who argued that the Court’s intervention was needed to ensure that disabled students can pursue damage claims when their rights are violated in school settings.
Fat Rights, Public Health Oppression And Prejudice, And The “Obesity Epidemic”, Nicholas D. Lawson
Fat Rights, Public Health Oppression And Prejudice, And The “Obesity Epidemic”, Nicholas D. Lawson
Touro Law Review
The pervasiveness, frequency, and intensity of fat shaming, bullying, and harassment experienced by fat people is well-documented, and three quarters of the American public support antidiscrimination protections for fat people. Yet fat people generally remain unprotected from discrimination under federal and state law in all but two jurisdictions. This Article traces these problems to the agendas of public health leaders, organizations (the Centers for Disease Control and Prevention and the World Health Organization), and associated industries, which are fighting an “obesity epidemic.” It describes some of their fat-shaming strategies and persistent public-health-crisis framings, as well as sensationalized presentations of research …
Koback V. Municipal Employees’ Retirement System Of R.I., 252 A.3d 1247 (R.I. 2021), Morgan E. Hedly
Koback V. Municipal Employees’ Retirement System Of R.I., 252 A.3d 1247 (R.I. 2021), Morgan E. Hedly
Roger Williams University Law Review
No abstract provided.
An Attempt To Bring Modern Workplace Realities To The Social Security Disability Adjudication System, Robert E. Rains
An Attempt To Bring Modern Workplace Realities To The Social Security Disability Adjudication System, Robert E. Rains
Dickinson Law Review (2017-Present)
No abstract provided.
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
Table of Contents
The Rise Of Ada Title Iii: How Congress And The Department Of Justice Can Solve Predatory Litigation, Sarah E. Zehentner
The Rise Of Ada Title Iii: How Congress And The Department Of Justice Can Solve Predatory Litigation, Sarah E. Zehentner
Brooklyn Law Review
The Americans with Disabilities Act (ADA) was enacted in 1990 to afford equal opportunities for individuals with disabilities. Title III of the ADA, specifically, was enacted to afford disabled individuals equal access to places of public accommodation. When the ADA was enacted, the internet was still in its infancy and Congress did not contemplate the need for governing accessibility to websites of public accommodations. Today, the internet has become embedded in virtually every aspect of our lives, yet there are still millions of disabled individuals who are unable to equally access the websites of American businesses. With the ADA being …
One-Shotters Or Have-Nots Should Come Out Ahead In The District Of Columbia’S Private Sector Workers’ Compensation System, But Do They?, Melissa Lin Jones
One-Shotters Or Have-Nots Should Come Out Ahead In The District Of Columbia’S Private Sector Workers’ Compensation System, But Do They?, Melissa Lin Jones
Journal of the National Association of Administrative Law Judiciary
In recognition of the humanitarian purpose of the District of Columbia Workers’ Compensation Act of 1979, D.C. Code as amended, §32-1501 et seq. and the legislative policy favoring awards even in arguable cases, a claimant is entitled to a presumption of compensability (“Presumption”) when applying for workers’ compensation benefits. By establishing a causal connection between the injured worker’s disability and a work-related event, the Presumption enables a claimant to establish entitlement to benefits more easily; however, an analysis of decisions issued by the Compensation Review Board from 2005 – 2019 reveals the Presumption frequently is misapplied. Moreover, contrary to Marc …
Why Proving A Work-Related, Psychological Injury Claim Stresses You Out, Melissa Lin Jones
Why Proving A Work-Related, Psychological Injury Claim Stresses You Out, Melissa Lin Jones
Journal of the National Association of Administrative Law Judiciary
In recognition of the humanitarian purpose of the District of Columbia Workers’ Compensation Act of 1979, D.C. Code as amended, §32-1501 et seq. and the legislative policy favoring awards even in arguable cases, a claimant is entitled to a presumption of compensability (“Presumption”) when applying for workers’ compensation benefits. By establishing a causal connection between the injured worker’s disability and a work-related event, the Presumption enables a claimant to establish entitlement to benefits more easily; however, misapplication of the Presumption makes it more difficult for claimants to prove work-related psychological injuries because they must satisfy additional requirements (including a credibility …
Reviving Negotiated Rulemaking For An Accessible Internet, Julie Moroney
Reviving Negotiated Rulemaking For An Accessible Internet, Julie Moroney
Michigan Law Review
Web accessibility requires designing and developing websites so that people with disabilities can use them without barriers. While the internet has become central to daily life, websites have overwhelmingly remained inaccessible to the millions of users who have disabilities. Congress enacted the Americans with Disabilities Act (ADA) to combat discrimination against people with disabilities. Passed in 1990, it lacks any specific mention of the internet Courts are split as to whether the ADA applies to websites, and if so, what actions businesses must take to comply with the law. Further complicating matters, the Department of Justice (DOJ) initiated the rulemaking …
State Laws For Due Process Hearings Under The Individuals With Disabilities Education Act Iii: The Pre-Hearing Stage, Andrew M.I. Lee, Perry A. Zirkel
State Laws For Due Process Hearings Under The Individuals With Disabilities Education Act Iii: The Pre-Hearing Stage, Andrew M.I. Lee, Perry A. Zirkel
Journal of the National Association of Administrative Law Judiciary
This article is the third in a triad of analyses of state law additions to the basic requirements of the Individuals with Disabilities Education Act (IDEA) for due process hearings (DPHs). The first two articles of this series covered the hearing and post-hearing stages of IDEA DPHs. The purpose of this follow-up analysis is to supplement the earlier articles by canvassing state law provisions specific to the pre-hearing stage. After an introduction and overview of the literature, this article covers IDEA foundational requirements for DPHs, and then summarizes and codes the state law provisions that supplement the federal template. As …
The Constitutionality Of The Black Lung Interim Presumption, Stella B. House
The Constitutionality Of The Black Lung Interim Presumption, Stella B. House
Journal of Natural Resources & Environmental Law
No abstract provided.
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
Table of Contents
For All Who Have Borne The Battle: A Wish List For The Incoming Secretary Of The United States Department Of Veterans Affairs, Benjamin Pomerance
For All Who Have Borne The Battle: A Wish List For The Incoming Secretary Of The United States Department Of Veterans Affairs, Benjamin Pomerance
Touro Law Review
No abstract provided.
Substance Use Disorder Discrimination And The Cares Act: Using Disability Law To Inform Part 2 Rulemaking, Kelly K. Dineen, Elizabeth Pendo
Substance Use Disorder Discrimination And The Cares Act: Using Disability Law To Inform Part 2 Rulemaking, Kelly K. Dineen, Elizabeth Pendo
Articles
Substance use disorder (SUD) is a chronic health condition—like people with other chronic health conditions, people with SUDs experience periods of remission and periods of exacerbation or recurrence. Unlike people with most other chronic conditions, people with SUDs may be more likely to garner law enforcement attention than medical attention during a recurrence. They are also chronically disadvantaged by pervasive social stigma, discrimination, and structural inequities. The COVID-19 pandemic has had devastating consequences for people with SUDs, who are at higher risk for both contracting the SARS-CoV-19 virus and experiencing poorer outcomes. Meanwhile, there are early indications that pandemic conditions …
Enough Is As Good As A Feast, Noah C. Chauvin
Enough Is As Good As A Feast, Noah C. Chauvin
Seattle University Law Review
Ipse Dixit, the podcast on legal scholarship, provides a valuable service to the legal community and particularly to the legal academy. The podcast’s hosts skillfully interview guests about their legal and law-related scholarship, helping those guests communicate their ideas clearly and concisely. In this review essay, I argue that Ipse Dixit has made a major contribution to legal scholarship by demonstrating in its interview episodes that law review articles are neither the only nor the best way of communicating scholarly ideas. This contribution should be considered “scholarship,” because one of the primary goals of scholarship is to communicate new ideas.
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
Table of Contents