Disability Law Commons^™

Disability, Doctors And Dollars: Distinguishing The Three Faces Of Reasonable Accommodation, Elizabeth Pendo

All Faculty Scholarship

Despite a decade of litigation, there is no consistent understanding of the reasonable accommodation requirement of Title I of the Americans with Disabilities Act of 1990 (the 'ADA'). Indeed, there are three inconsistent distributive outcomes that appear to comport with the reasonable accommodation requirement: cost-shifting, cost-sharing, and cost-avoidance.

One reason for such inconsistent outcomes is a failure to develop a coherent and consistent theory of disability. Because disability has been and continues to be medicalized, this Article takes a fresh look at the medical literature on health, illness, and disability. It recommends the use of the experiential health model over …

Your Dna Is Your Resume: How Inadequate Protection Of Genetic Information Perpetuates Employment Discrimination

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Driving Into The Rough: Conflicting Decisions On The Rights Of Disabled Golfers In Martin V. Pga Tour, Inc. And Olinger V. United States Golf Ass'n, Steven A. Holzbaur

Villanova Law Review (1956 - )

No abstract provided.

Reducing The Overburden: The Doris Coal Presumption And Administrative Efficiency Under The Black Lung Benefits Act, Eric R. Olson

Michigan Law Review

Coal dust build-up prevents many coal miners' lungs from functioning properly. This condition, commonly referred to as black lung or pneumoconiosis, can make common activities nearly impossible. The Black Lung Benefits Act covers the cost of medical treatment for many affected miners, though procedural impediments often prevent miners from receiving care. The miner's current or former employer, when identifiable, must pay for medical care relating to the miner's black lung. Most disputes over miners' claims for medical care arise when the miner has a history of cigarette smoking and the need for medical care could arise from either coal dust …

An End To Insanity: Recasting The Role Of Mental Disability In Criminal Cases, Christopher Slobogin

Vanderbilt Law School Faculty Publications

This article argues that mental illness should no longer be the basis for a special defense of insanity. Instead, mental disorder should be considered in criminal cases only if relevant to other excuse doctrines, such as lack of mens rea, self-defense and duress, as those defenses have been defined under modern subjectively-oriented codes. With the advent of these subjectively defined doctrines (a development which, ironically, took place during the same period that insanity formulations expanded), the insanity defense has outlived its usefulness, normatively and practically. Modern official formulations of the defense are overbroad because, fairly construed, they exculpate the vast …

The Definition Of Disability: Perspective Of The Disability Community, Deborah Kaplan

Journal of Health Care Law and Policy

No abstract provided.

Bragdon V. Abbott: Extending The Americans With Disabilities Act To Asymptomatic Individuals, Eugenia Liu

Journal of Health Care Law and Policy

No abstract provided.

Bragdon V. Abbott, Asymptomatic Genetic Conditions, And Antidiscrimination Law: A Conservative Perspective , Roger Clegg

Journal of Health Care Law and Policy

No abstract provided.

Is There A Pink Slip In My Genes? Genetic Discrimination In The Workplace, Paul Steven Miller, Lawrence O. Gostin

Journal of Health Care Law and Policy

No abstract provided.

Discrimination Based On Hiv/Aids And Other Health Conditions: "Disability" As Defined Under Federal And State Law, David W. Webber

Journal of Health Care Law and Policy

No abstract provided.

Olmstead V. Zimring, Unnecessary Institutionalization Constitutes Discrimination Under The Americans With Disabilities Act, Shoshana Fishman

Journal of Health Care Law and Policy

No abstract provided.

Genetic Discrimination: Why Bragdondoes Not Ensure Protection, Laura F. Rothstein

Journal of Health Care Law and Policy

No abstract provided.

Cleveland V. Policy Management Systems Corporation: Triumph For The Working Disabled Or Hollow Procedural Device?, Sarah N. Otwell

Journal of Health Care Law and Policy

No abstract provided.

Adverse Impact Of Predisposition Testing On Major Life Activities: Lessons From Brca 1/2testing, Katherine A. Schneider

Journal of Health Care Law and Policy

No abstract provided.

The Benefits Of Voluntary Inpatient Psychiatric Hospitalization: Myth Or Reality?, Donald H. Stone

All Faculty Scholarship

Throughout the United States, mentally ill persons are confined against their will in psychiatric hospitals as a result of being accused of dangerous behavior. Some are committed involuntarily by a judge after an administrative hearing during which they are afforded legal representation, a right to be present, and important due process protections, including the right to cross-examine witnesses and present one's own witnesses. However, a significant number of individuals, initially confined in psychiatric institutions for allegedly posing a danger to life or safety, never see an impartial judge, lawyer, or even a family member. These mentally ill individuals are not …

Guardianships And Conservatorships, Oregon Law Institute, S. Jane Patterson, Mark M. Williams, Maggie Biondi, Carol J. Kyle, Jennifer L. Wright, Elizabeth Welch

Oregon Law Institute, 1997

Course Materials from the October 10, 1997 Program in Portland

Accomodating Vulnerabilities To Environmental Tobacco Smoke: A Prism For Understanding The Ada, Wendy E. Parmet, Mark A. Gottlieb, Richard A. Daynard

Journal of Law and Health

This Article explores the use of the ADA to challenge smoking policies and the fears and questions that such a use raises. We argue that a careful appreciation of the ADA's application to ETS-related claims should temper the worries of both those who see such claims as trivializing the ADA and those who worry that such claims may impose enormous burdens on American businesses. Rather, we suggest that the ADA in this instance, as in others, provides a limited but critical vehicle for ensuring that individuals with disabilities may fully participate in public life. We suggest further that the issues …

Protecting Those Who Cannot Protect Themselves: Ethically Representing The Impaired Client, Oregon Law Institute, Stephen R. Moore, Jeffrey D. Shapiro, Steven Charles Smith, Susan M. Svetkey, Laurah Sebastian, Peter R. Jarvis

Oregon Law Institute, 1996

Course Materials from the December 6, 1996 Program in Portland

Establishing A Prima Facie Case Involving Multiple Chemical Sensitivity: A Threshhold Approach, 29 J. Marshall L. Rev. 441 (1996), Merilyn Brown

UIC Law Review

No abstract provided.

Protective Proceedings - New Realities: Changes To Guardianship And Conservatorship Law, Oregon Law Institute, Mark M. Williams, Jennifer L. Wright, Wesley D. Fitzwater, Carol J. Kyle, Penny L. Davis

Oregon Law Institute, 1995

Course Materials from the September 22, 1995 Program in Portland

Elder Law: Practice Developments And 1995 Legislative Outcomes, Oregon Law Institute, Wesley D. Fitzwater, Charles E. Davis, Laurie P. Sitton, Sharon Gary Smith, Sally Ringholm, Mark M. Williams, Lisa N, Bertalan, Penny L. Davis, Rees C. Johnson

Oregon Law Institute, 1995

Course Materials from the July 28, 1995 Program in Portland

Health Care Rationing And Disability Rights, Philip G. Peters Jr.

Faculty Publications

This article explores the extent to which federal disability rights law limits the use of effectiveness criteria to allocate health care, either alone or as a part of cost-effectiveness analyses. To be more precise, it considers the circumstances in which disability-based classifications by health plans which would otherwise violate the anti-discrimination laws can be legally and ethically defended by proof that the excluded treatments are less effective than those which are provided. Part I introduces the expanding use of effectiveness analysis in health care, explains its discriminatory potential, and reviews the Oregon experience. Part II outlines the current federal law …

Doctors, Aids, And Confidentiality In The 1990s, 27 J. Marshall L. Rev. 331 (1994), Sheila Taub

UIC Law Review

No abstract provided.

If I Tell You, Will You Treat Me, 27 J. Marshall L. Rev. 363 (1994), Mauro A. Montoya Jr.

UIC Law Review

No abstract provided.

The Aids Epidemic And Health Care Reform, 27 J. Marshall L. Rev. 279 (1994), William A. Bradford Jr., Michelle A. Zavos

UIC Law Review

No abstract provided.

The Americans With Disabilities Act And Refusals To Provide Medical Care To Persons With Hiv/Aids, 27 J. Marshall L. Rev. 347 (1994), Jack P. Desario, James D. Slack

UIC Law Review

No abstract provided.

Aids And Funeral Homes: Common Legal Issues Facing Funeral Directors, 27 J. Marshall L. Rev. 411 (1994), Mark E. Wojcik

UIC Law Review

No abstract provided.

Working And Poor: The Increasingly Popular Practice Of Excluding Disabled Employees From Health Care Coverage, Maria O'Brien

Faculty Scholarship

One might think, since passage of the Americans With Disabilities Act of 1990 (ADA),' that the employment story for disabled employees or would-be disabled employees was cheerful, or at least improving. This may be true in so far as obtaining and retaining employment is concerned;' however, the ADA, because it permits employers and third-party insurers to continue to utilize traditional risk management techniques, has resulted in reduced or (in some cases) non-existent employee benefits for the disabled. At the same time, more and more employers are opting to self-insure under the Employee Retirement Income Security Act of 1974 (ERISA),3 in …

The Americans With Disabilities Act And The Corpus Of Anti-Discrimination Law: A Force For Change In The Future Of Public Health Regulation, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

In this paper the author reviews the constitutional history of the courts' attempts to check the powers of the public health department. He demonstrates how ineffective and inconsistent constitutional review has been, and suggests that adequate review criteria have not emerged. The author shows that, whether the courts are applying First, Fourth, or Fourteenth Amendment standards, ultimately they are highly deferential to public health officials. Then he carefully examines the key concepts in the Americans with Disabilities Act (ADA) as they apply to communicable disease. He reveals Congress' clear intention to include communicable disease, even asymptomatic infection, as a disability. …

Aids And Government: A Plan Of Action?, Taunya Lovell Banks

Michigan Law Review

A Review of Report of the Presidential Commission on the Human Immunodeficiency Virus Epidemic by Washington: U.S. Government Printing Office