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Articles 241 - 264 of 264

Full-Text Articles in Disability Law

Equality And The European Union, Elizabeth F. Defeis Sep 2014

Equality And The European Union, Elizabeth F. Defeis

Georgia Journal of International & Comparative Law

No abstract provided.


A Specialized Court For Social Security? A Critique Of Recent Proposals, Robert E. Rains Apr 2013

A Specialized Court For Social Security? A Critique Of Recent Proposals, Robert E. Rains

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Substantial Evidence Review In Social Security Cases As An Issue Of Fact, Morton Denlow Apr 2013

Substantial Evidence Review In Social Security Cases As An Issue Of Fact, Morton Denlow

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Veterans Benefits In 2010: A New Dialogue Between The Supreme Court And The Federal Circuit, Paul R. Gugliuzza Jan 2011

Veterans Benefits In 2010: A New Dialogue Between The Supreme Court And The Federal Circuit, Paul R. Gugliuzza

American University Law Review

No abstract provided.


Fragmented Lives: Disability Discrimination And The Role Of "Environment-Framing", Ani B. Satz Jan 2011

Fragmented Lives: Disability Discrimination And The Role Of "Environment-Framing", Ani B. Satz

Faculty Articles

This Article presents a novel theory that courts undermine the purpose of the Americans with Disabilities Act (ADA) by implicitly embracing environment-frames that disfavor disability protections. Courts employ environment-frames at two stages of judicial analysis under the Act: the disability eligibility and remedy stages. In determining whether a plaintiff is in the statutorily protected class, courts typically use a broad environment-frame to assess limitation of a "major life activity. " The larger the environment-frame, the more likely a court will view an individual as able to perform a major life activity in some portion of her environment and deny her …


What Best To Protect Transsexuals From Discrimination: Using Current Legislation Or Adopting A New Judicial Framework, S. Elizabeth Malloy Jan 2010

What Best To Protect Transsexuals From Discrimination: Using Current Legislation Or Adopting A New Judicial Framework, S. Elizabeth Malloy

Faculty Articles and Other Publications

This article specifically examines the issues and controversies that transsexual individuals have encountered as a result of their lack of protection under anti-discrimination laws, particularly the Americans with Disabilities Act (ADA) and Title VII. Part I is an overview of our society's binary sex/gender system and how this system serves to exclude and disenfranchise transsexuals. Part II examines the relationship between disability law and transsexuals, both explaining why they were excluded from the ADA and how state disability laws have provided more protection. Part III discusses how transsexuals have fared under a Title VII sex discrimination approach. This section also …


Decriminalizing Students With Disabilities, Dean Hill Rivkin Jan 2010

Decriminalizing Students With Disabilities, Dean Hill Rivkin

NYLS Law Review

No abstract provided.


Jurors’ Perceptions Of Juvenile Defendants: The Influence Of Intellectual Disability, Abuse History, And Confession Evidence, Cynthia J. Najdowski, Bette L. Bottoms, Maria C. Vargas Apr 2009

Jurors’ Perceptions Of Juvenile Defendants: The Influence Of Intellectual Disability, Abuse History, And Confession Evidence, Cynthia J. Najdowski, Bette L. Bottoms, Maria C. Vargas

Psychology Faculty Scholarship

Understanding jurors’ perceptions of juvenile defendants has become increasingly important as more and more juvenile cases are being tried in adult criminal court rather than family or juvenile court. Intellectual disability and child maltreatment are overrepresented among juvenile delinquents, and juveniles (particularly disabled juveniles) are at heightened risk for falsely confessing to crimes. In two mock trial experiments, we examined the effects of disability, abuse history, and confession evidence on jurors’ perceptions of a juvenile defendant across several different crime scenarios. Abused juveniles were treated more leniently than nonabused juveniles only when the juvenile’s crime was motivated by self-defense against …


Super Bowl Hero To Bank Account Zero, Scott Hollander Jan 2009

Super Bowl Hero To Bank Account Zero, Scott Hollander

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Mental Health Courts And Title Ii Of The Ada: Accessibility To State Court Systems For Individuals With Mental Disabilities And The Need For Diversion, S. Elizabeth Malloy Jan 2006

Mental Health Courts And Title Ii Of The Ada: Accessibility To State Court Systems For Individuals With Mental Disabilities And The Need For Diversion, S. Elizabeth Malloy

Faculty Articles and Other Publications

Access to the judicial system, a fundamental right that has paramount importance in our society, can often present obstacles to people with disabilities in a variety of significant ways. Yet Title II mandates that state and local judicial facilities be accessible to individuals with disabilities. Recent shifts in paradigmatic approaches to special populations such as drug offenders and offenders with mental disabilities have lead to the creation of mental health courts specifically designed to address the needs of the persons with mental disabilities in order to avoid incarceration. Early outcomes in states like Ohio suggest mental health courts may better …


Title Vii Retaliation, A Unique Breed, 36 J. Marshall L. Rev. 925 (2003), David Anthony Rutter Jan 2003

Title Vii Retaliation, A Unique Breed, 36 J. Marshall L. Rev. 925 (2003), David Anthony Rutter

UIC Law Review

No abstract provided.


Americans With Disabilities Act (Ada), Seventh Circuit Review, 36 J. Marshall L. Rev. 953 (2003), Paul Cherner, Abel Leon Jan 2003

Americans With Disabilities Act (Ada), Seventh Circuit Review, 36 J. Marshall L. Rev. 953 (2003), Paul Cherner, Abel Leon

UIC Law Review

No abstract provided.


Title Vii And Negative Job References: Employees Find Safe Harbor In Robinson V. Shell Oil Company, 31 J. Marshall L. Rev. 521 (1998), Matthew J. Cleveland Jan 1998

Title Vii And Negative Job References: Employees Find Safe Harbor In Robinson V. Shell Oil Company, 31 J. Marshall L. Rev. 521 (1998), Matthew J. Cleveland

UIC Law Review

No abstract provided.


When Physicians Balk At Futile Care: Implications Of The Disability Rights Laws, Philip G. Peters Jr. Apr 1997

When Physicians Balk At Futile Care: Implications Of The Disability Rights Laws, Philip G. Peters Jr.

Faculty Publications

Part I of this article reviews the factual background of the futility debate. Part II introduces the antidiscrimination laws. Thereafter, Parts III, IV, and V examine the three components of the proposal suggested above.


There Goes The Neighborhood: The Evolution Of "Family" In Local Zoning Ordinances, William Graham Jan 1993

There Goes The Neighborhood: The Evolution Of "Family" In Local Zoning Ordinances, William Graham

Touro Law Review

No abstract provided.


Indigents And The Denial Of Due Process At Involuntary Treatment Hearings: The Need For Independent Psychiatric Assistance, Marcy H. Speiser Jan 1991

Indigents And The Denial Of Due Process At Involuntary Treatment Hearings: The Need For Independent Psychiatric Assistance, Marcy H. Speiser

Touro Law Review

No abstract provided.


Due Process Jan 1991

Due Process

Touro Law Review

No abstract provided.


Social Security Disability Determinations: Recommendations For Reform, Richard E. Levy Mar 1990

Social Security Disability Determinations: Recommendations For Reform, Richard E. Levy

BYU Law Review

No abstract provided.


Dellmuth V. Muth: The Eleventh Amendment Pierces The Legal Shield Of Eha Protection, 23 J. Marshall L. Rev. 487 (1990), Paula K. Maguire Jan 1990

Dellmuth V. Muth: The Eleventh Amendment Pierces The Legal Shield Of Eha Protection, 23 J. Marshall L. Rev. 487 (1990), Paula K. Maguire

UIC Law Review

No abstract provided.


Postpartum Psychosis As A Defense To Infant Murder, Barbara E. Rosenberg Jan 1989

Postpartum Psychosis As A Defense To Infant Murder, Barbara E. Rosenberg

Touro Law Review

No abstract provided.


Does Competency Matter After Charters?, Michael L. Perlin, Michael L. Perlin Jan 1989

Does Competency Matter After Charters?, Michael L. Perlin, Michael L. Perlin

Articles & Chapters

No abstract provided.


Can Mental Health Professionals Predict Judicial Decisionmaking? Constitutional And Tort Liability Aspects Of The Right Of The Institutionalized Mentally Disabled To Refuse Treatment: On The Cutting Edge, Michael L. Perlin Jan 1986

Can Mental Health Professionals Predict Judicial Decisionmaking? Constitutional And Tort Liability Aspects Of The Right Of The Institutionalized Mentally Disabled To Refuse Treatment: On The Cutting Edge, Michael L. Perlin

Touro Law Review

No abstract provided.


The Effect Of Representation In Nonadversary Proceedings -- A Study Of Three Disability Programs, William D. Popkin Jan 1977

The Effect Of Representation In Nonadversary Proceedings -- A Study Of Three Disability Programs, William D. Popkin

Articles by Maurer Faculty

No abstract provided.


Recent Important Decisions, Michigan Law Review Apr 1908

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Adoption--Defect in Proceedings--Effect; Bankruptcy--Equitable Rights under Unrecorded Mortgage--Agreement to Insure--Equitable Lien on Insurance Money; Bankruptcy--Insolvent Firm--Individual Estate of Unadjudicated Solvent Partner Not Subject to Administration; Bills and Notes--Liability of Indorser of Non-Negotiable Note; Bills and Notes--Liability of Irregular Indorser; Carriers--Wrongful Treatment of Passengers--Damages for Mental Suffering; Constitutional Law--Imprisonment for Debt--Peonage; Constitutional Law--Interstate Commerce--Shipments Within a State; Corporations--Foreign Corporations--Effect of Withdrawal From State--Validity of Service; Courts--Jurisdiction--Action Under the Laws of Another State; Covenants--Running with the Land; Damages--Destruction of Growing Grass; Evidence--Admissibility of a Deed as an Ancient Document; Evident--Admissions in Pleading; Garnishment--Nonresident Defendant--Jurisdiction; Jury--Right to Trial by Twelve Jurors--Waiver of Jury; …