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Articles 421 - 450 of 522
Full-Text Articles in Disability Law
Childhood, Interrupted: Encouraging The De-Institutionalization Of Utah's State Hospital, Sara Montoya
Childhood, Interrupted: Encouraging The De-Institutionalization Of Utah's State Hospital, Sara Montoya
Utah OnLaw: The Utah Law Review Online Supplement
While boasting a culture that is rich in family and community values, Utah ought to be leading the way in developing and implementing a comprehensive and efficient system of care that protects children and families by placing tools within the home and the community to strengthen these core units of Utah society. Further, with the Utah State Hospital at the end of its physical lifespan, and a crippled economy requiring more budget pinching than ever, the timing is particularly conducive to taking these crucial steps forward. With these litigation tools, an advocacy group or family might be able to successfully …
The London Paralympis Games 'Inspire A Generation' And Spark Abortion Controversy, Emily Hardy
The London Paralympis Games 'Inspire A Generation' And Spark Abortion Controversy, Emily Hardy
Public Interest Law Reporter
No abstract provided.
Persons Affected By Traumatic Brain Injury In The Workplace; Implications For Employee Assistance Programs, Dale Margolin Cecka
Persons Affected By Traumatic Brain Injury In The Workplace; Implications For Employee Assistance Programs, Dale Margolin Cecka
Law Faculty Publications
Employee Assistance Programs often provide behavioral health services to employees. The article discusses issues related to employees affected by traumatic brain injury such as psychosocial challenges that may accompany reentry into the workplace. Strategies that employers may utilize to accommodate such challenges are presented. Implications for practitioners are explored within the context of the Americans with Disabilities Act, disability management, and human resources.
Pregnancy As 'Disability' And The Amended Americans With Disabilities Act, Jeannette Cox
Pregnancy As 'Disability' And The Amended Americans With Disabilities Act, Jeannette Cox
School of Law Faculty Publications
The recent expansion of the Americans with Disabilities Act’s (ADA) protected class invites reexamination of the assumption that pregnant workers may not use the ADA to obtain workplace accommodations. The ADA’s scope now includes persons with minor temporary physical limitations comparable to pregnancy’s physical effects. Accordingly, the primary remaining justification for concluding that pregnant workers may not obtain ADA accommodations is that pregnancy is a physically healthy condition rather than a physiological defect. Drawing on the social model of disability, this Article challenges the assumption that medical diagnosis of “defect” must be a prerequisite to disability accommodation eligibility. The social …
The Convention On The Rights Of Persons With Disabilities: Beginning To Examine The Implications For Canadian Lawyers' Professional Responsiblities, H Archibald Kaiser
The Convention On The Rights Of Persons With Disabilities: Beginning To Examine The Implications For Canadian Lawyers' Professional Responsiblities, H Archibald Kaiser
Articles, Book Chapters, & Popular Press
The United Nations Convention on the Rights of Persons with Disabilities (hereafter the CRPD or the Convention) should herald a new epoch in the way persons with disabilities are treated throughout the world community. The entire panoply of ramifications of this Convention, the purpose of which is “to promote, protect and ensure the full enjoyment of all human rights and fundamental freedoms by all persons with disabilities, and to promote respect for their inherent dignity”, (Article 1) is as yet unascertainable. However, States Parties must “take all appropriate measures to eliminate discrimination by any person, organization or private enterprise” (Article …
Confine Is Fine: Have The Non-Dangerous Mentally Ill Lost Their Right To Liberty? An Empirical Study To Unravel The Psychiatrist’S Crystal Ball, Donald H. Stone
Confine Is Fine: Have The Non-Dangerous Mentally Ill Lost Their Right To Liberty? An Empirical Study To Unravel The Psychiatrist’S Crystal Ball, Donald H. Stone
All Faculty Scholarship
This Article will examine the reverse trend in civil commitment laws in the wake of recent tragedies and discuss the effect of broader civil commitment standards on the care and treatment of the mentally ill. The 2007 Virginia Tech shooting, the 2011 shooting of Congresswoman Giffords, and the 2012 Aurora movie theatre shooting have spurred fierce debates about the dangerousness of mentally ill and serve as cautionary tale about what happens when warning signs go unnoticed and opportunities for early intervention missed. This piece will explore the misconception about the role medication and inpatient civil commitments should play in prevention …
Augmenting Advocacy: Giving Voice To The Medical-Legal Partnership Model In Medicaid Proceedings And Beyond, Marybeth Musumeci
Augmenting Advocacy: Giving Voice To The Medical-Legal Partnership Model In Medicaid Proceedings And Beyond, Marybeth Musumeci
University of Michigan Journal of Law Reform
The denial of Medicaid coverage for augmentative communication devices, despite an existing legal framework that mandates the opposite result, raises fundamental questions about what independence means for people with disabilities. This situation, compounded by the barriers in the Medicaid administrative appeal process encountered by such beneficiaries, invites new approaches to the delivery of civil legal services, such as medical-legal partnerships (MLPs). MLPs are formalized arrangements that bring lawyers into a healthcare setting to provide specialist consultations when patients experience legal problems that affect health. While there is an emerging scholarship on MLPs, this Article offers the first in-depth analysis of …
The Coal Miners Have Taken Care Of Us: Let's Now Take Care Of The Coal Miners, Priscilla Norwood Harris
The Coal Miners Have Taken Care Of Us: Let's Now Take Care Of The Coal Miners, Priscilla Norwood Harris
Journal Publications
For over a hundred years, coal has helped power America's economy.' In short, without coal mining no industrial revolution would have occurred. "Coal fueled the new industrial capitalism."' Moreover, from the very beginnings of industrialization in the United States, "Appalachian coal and other fossil fuels have fired the engine of American industry,"' and it was Appalachian coking coal that helped make the steel America needed.' Coal transformed the United States into "an industrial superpower from a virtual wilderness."" This massive use of coal has come at a price to the miners." The death and injury rate from mining is matched …
Shifting The Conversation: Disability, Disparities And Health Care Reform, Elizabeth Pendo
Shifting The Conversation: Disability, Disparities And Health Care Reform, Elizabeth Pendo
Articles
In keeping with the theme of this symposium, I would like to invite you to consider health care reform as a political shift in our thinking about the barriers and inequalities experienced by people with disabilities in our health care system. Traditionally, when these issues have been addressed, the predominant approach has been through a civil rights framework, specifically the Rehabilitation Act of 1973' and the American with Disabilities Act of 1990 (ADA).2 Now, the Patient Protection and Affordable Care Act of 2010 (PPACA) offers a new approach. This essay will outline the barriers to health and health care experienced …
Shifting The Conversation: Disability, Disparities And Health Care Reform, Elizabeth Pendo
Shifting The Conversation: Disability, Disparities And Health Care Reform, Elizabeth Pendo
All Faculty Scholarship
This piece is an invitation to consider health care reform as a political shift in our thinking about the barriers and inequalities experienced by people with disabilities in our health care system. Traditionally, when these issues have been addressed, the predominant approach has been through a civil rights framework, specifically the Rehabilitation Act of 1973 and the American with Disabilities Act of 1990 (ADA). Now, the Patient Protection and Affordable Care Act of 2010 (PPACA) offers a new approach. This essay will outline the barriers to health and health care experienced by people with disabilities, drawing upon my ongoing research …
Are Canadians Providing Advance Directives About Health Care And Research Participation In The Event Of Decisional Incapacity?, Gina Bravo, Marie-France Dubois, Carole Cohen, Sheila Wildeman, Janice Graham, Karen Painter, Suzanne Bellemare
Are Canadians Providing Advance Directives About Health Care And Research Participation In The Event Of Decisional Incapacity?, Gina Bravo, Marie-France Dubois, Carole Cohen, Sheila Wildeman, Janice Graham, Karen Painter, Suzanne Bellemare
Articles, Book Chapters, & Popular Press
Objective: Advance planning for health care and research participation has been promoted as a mechanism to retain some control over one’s life, and ease substitute decision making, in the event of decisional incapacity. Limited data are available on Canadians’ current advance planning activities. We conducted a postal survey to estimate the frequency with which Canadians communicate their preferences about health care and research should they become incapacitated. Method: We surveyed 5 populations (older adults, informal caregivers, physicians, researchers in aging, and research ethics board members) from Nova Scotia, Ontario, Alberta, and British Columbia. We asked respondents whether they had expressed …
Is A Mentally Ill Defendant Still Considered Competent To Waive The Right To Counsel In New York After Indiana V. Edwards?, John H. Wilson
Is A Mentally Ill Defendant Still Considered Competent To Waive The Right To Counsel In New York After Indiana V. Edwards?, John H. Wilson
Pace Law Review
No abstract provided.
Are You Covered? The Need For Improvement In Insurance Coverage For Autism Spectrum Disorder, 44 J. Marshall L. Rev. 291 (2010), Marissa Mazza
Are You Covered? The Need For Improvement In Insurance Coverage For Autism Spectrum Disorder, 44 J. Marshall L. Rev. 291 (2010), Marissa Mazza
UIC Law Review
No abstract provided.
Regression By Progression Unleveling The Classroom Playing Field Through Cosmetic Neurology, Helia Garrido Hull
Regression By Progression Unleveling The Classroom Playing Field Through Cosmetic Neurology, Helia Garrido Hull
Faculty Scholarship
No abstract provided.
Weight Discrimination: Disability Litigation And Public Policy, Tessa Jania
Weight Discrimination: Disability Litigation And Public Policy, Tessa Jania
Public Interest Law Reporter
No abstract provided.
Reducing Disparities Through Health Care Reform: Disability And Accessible Medical Equipment, Elizabeth Pendo
Reducing Disparities Through Health Care Reform: Disability And Accessible Medical Equipment, Elizabeth Pendo
Articles
People with disabilities face multiple barriers to adequate health care and report poorer health status than people without disabilities. Although health care institutions, offices, and programs are required to be accessible, people with disabilities are still receiving unequal and in many cases inadequate care. The 2009 report by the National Council on Disability, The Current State of Health Care for People with Disabilities, reaffirmed some of these findings, concluding that people with disabilities experience significant health disparities and barriers to health care; encounter a lack of coverage for necessary services, medications, equipment, and technologies; and are not included in the …
Reducing Disparities Through Health Care Reform: Disability And Accessible Medical Equipment, Elizabeth Pendo
Reducing Disparities Through Health Care Reform: Disability And Accessible Medical Equipment, Elizabeth Pendo
All Faculty Scholarship
People with disabilities face multiple barriers to adequate health care and report poorer health status than people without disabilities. Although health care institutions, offices, and programs are required to be accessible, people with disabilities are still receiving unequal and in many cases inadequate care. The 2009 report by the National Council on Disability, The Current State of Health Care for People with Disabilities, reaffirmed some of these findings, concluding that people with disabilities experience significant health disparities and barriers to health care; encounter a lack of coverage for necessary services, medications, equipment, and technologies; and are not included in the …
A Service Learning Project: Disability, Access And Health Care, Elizabeth Pendo
A Service Learning Project: Disability, Access And Health Care, Elizabeth Pendo
All Faculty Scholarship
Last summer, I was thinking about a public service project for my disability discrimination law course. I teach the course in fall, and try to incorporate a project each year. At the same time, I was working on a project looking at barriers to health care for people with disabilities. Some of the barriers are well known, such as lower average incomes, disproportionate poverty, and issues with insurance coverage, to name just a few. I was looking at barriers of a different type, however: those posed by physically inaccessible facilities and equipment. This was a new area for me. Like …
Race, Sex And Genes At Work: Uncovering The Lessons Of Norman-Bloodsaw, Elizabeth Pendo
Race, Sex And Genes At Work: Uncovering The Lessons Of Norman-Bloodsaw, Elizabeth Pendo
All Faculty Scholarship
The Genetic Information Nondiscrimination Act of 2008 (“GINA”) is the first federal, uniform protection against the use of genetic information in both the workplace and health insurance. Signed into law on May 21, 2008, GINA prohibits an employer or health insurer from acquiring or using an individual’s genetic information, with some exceptions. One of the goals of GINA is to eradicate actual, or perceived, discrimination based on genetic information in the workplace and in health insurance. Although the threat of genetic discrimination is often discussed in universal terms - as something that could happen to any of us - the …
Reviving Employee Rights - Recent And Upcoming Employment Discrimination Legislation: Proceedings Of The 2010 Annual Meeting Of The Association Of American Law Schools Section On Employment Discrimination Law, Scott A. Moss, Sandra Sperino, Robin R. Runge, Charles A. Sullivan
Reviving Employee Rights - Recent And Upcoming Employment Discrimination Legislation: Proceedings Of The 2010 Annual Meeting Of The Association Of American Law Schools Section On Employment Discrimination Law, Scott A. Moss, Sandra Sperino, Robin R. Runge, Charles A. Sullivan
Publications
No abstract provided.
Technical Standards For Admission To Medical School: Deaf Candidates Don't Get No Respect, Michael Schwartz
Technical Standards For Admission To Medical School: Deaf Candidates Don't Get No Respect, Michael Schwartz
Buffalo Public Interest Law Journal
No abstract provided.
One Step Closer To Mental Health Parity, Lorraine Schmall
One Step Closer To Mental Health Parity, Lorraine Schmall
Nevada Law Journal
No abstract provided.
A Change For The Better: The Ada Amendments Act Of 2008, Jason Lewis
A Change For The Better: The Ada Amendments Act Of 2008, Jason Lewis
Public Interest Law Reporter
No abstract provided.
Disability, Equipment Barriers And Women’S Health: Using The Ada To Provide Meaningful Access, Elizabeth Pendo
Disability, Equipment Barriers And Women’S Health: Using The Ada To Provide Meaningful Access, Elizabeth Pendo
Articles
It is well-known that people with disabilities face multiple barriers to adequate health care, including lower average incomes, disproportionate poverty, and issues with insurance coverage. This article focuses on a more fundamental barrier-one that has not been discussed in the legal literature-inaccessible medical equipment and its effect on the delivery of women's health care to millions of women with disabilities .
Abbott, Aids, And The Ada: Why A Per Se Disability Rule For Hiv/Aids Is Both Just And A Must, Scott Thompson
Abbott, Aids, And The Ada: Why A Per Se Disability Rule For Hiv/Aids Is Both Just And A Must, Scott Thompson
Publications
HIV/AIDS should be classified as a per se disability under the Americans with Disablities Act. Such a ruling is justified by the plain language of the act itself, legislative history, administrative regulations, and court precedent. Absent such a ruling, individuals with HIV must demonstrate that they have (1) an mental or physical impairment, (2) that substantially limits (3) a major life activity. While most courts to address the applicability of the ADA to individuals with HIV/AIDS have found that such individuals are disabled because HIV impairs the major life activity of reproduction, such an interpretation leaves open the possibility that …
Integrating Accommodation, Elizabeth F. Emens
Integrating Accommodation, Elizabeth F. Emens
Faculty Scholarship
Courts and agencies interpreting the Americans with Disabilities Act (ADA) generally assume that workplace accommodations benefit individual employees with disabilities and impose costs on employers and, at times, coworkers. This belief reflects a failure to recognize a key feature of ADA accommodations: their benefits to third parties. Numerous accommodations – from ramps to ergonomic furniture to telecommuting initiatives – can create benefits for coworkers, both disabled and nondisabled, as well as for the growing group of employees with impairments that are not limiting enough to constitute disabilities under the ADA. Much attention has been paid to how the integration of …
The Social Security Administration's New Disability Adjudication Rules: A Significant And Promising Reform, Jeffrey Lubbers
The Social Security Administration's New Disability Adjudication Rules: A Significant And Promising Reform, Jeffrey Lubbers
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Shape Stops Story, Elizabeth F. Emens
Shape Stops Story, Elizabeth F. Emens
Faculty Scholarship
Storytelling and resistance are powerful tools of both lawyering and individual identity, as I argue in this brief essay published in Narrative as part of a dialogue on disability, narrative, and law with Rosemarie Garland-Thompson and Ellen Barton. Garland-Thompson's work shows us the life-affirming potential of storytelling, its role in shaping disability identity, and its role in communicating that identity to the outside world. By contrast, Barton powerfully shows how those same life-affirming narratives can force a certain kind of storytelling, can create a mandate to tell one story and not another. In short, Barton reminds us of the need …
Fattening Food: Should Purveyors Of Fast Food Be Required To Warn? A Call For A New Tort, Charles E. Cantu
Fattening Food: Should Purveyors Of Fast Food Be Required To Warn? A Call For A New Tort, Charles E. Cantu
Journal of Food Law & Policy
Being overweight continues to be an important issue for many Americans. The latest diet fad is likely to include at least one title on the current bestseller list, and newspapers carry daily articles on the most recent study regarding risks related to obesity. Heeding these concerns, the federal government has added its own impetus by requiring the packaged food industry to list, not only nutritional information, but also calories. Individuals alleging injury and seeking recourse have made an attempt to place fault upon purveyors of fast food. To date, American jurisprudence has not helped. The courts have suggested that, from …
A Veil Of Genetic Ignorance - Protecting Genetic Privacy To Ensure Equality, Radhika Rao
A Veil Of Genetic Ignorance - Protecting Genetic Privacy To Ensure Equality, Radhika Rao
Villanova Law Review (1956 - )
No abstract provided.