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Disability Law Commons™

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William & Mary Law School

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Articles 91 - 118 of 118

Full-Text Articles in Disability Law

Disability, Reciprocity, And "Real Efficiency": Unified Approach, Amy L. Wax Feb 2003

Disability, Reciprocity, And "Real Efficiency": Unified Approach, Amy L. Wax

William & Mary Law Review

No abstract provided.


Disaggregating Antidiscrimination And Accommodation, J. H. Verkerke Feb 2003

Disaggregating Antidiscrimination And Accommodation, J. H. Verkerke

William & Mary Law Review

No abstract provided.


Disability-Based Harrassment: Standing And Standards For A "New" Cause Of Action, Holland M. Tahvonen Feb 2003

Disability-Based Harrassment: Standing And Standards For A "New" Cause Of Action, Holland M. Tahvonen

William & Mary Law Review

No abstract provided.


Disabiling The Ada: Essences, Better Angels, And Unprincipled Neutrality Claims, Aviam Soifer Feb 2003

Disabiling The Ada: Essences, Better Angels, And Unprincipled Neutrality Claims, Aviam Soifer

William & Mary Law Review

No abstract provided.


The Americans With Disabilities Act As Welfare Reform, Samuel R. Bagenstos Feb 2003

The Americans With Disabilities Act As Welfare Reform, Samuel R. Bagenstos

William & Mary Law Review

No abstract provided.


"Never Forget What They Did Here": Civil War Pensions For Gettysburg Union Army Veterans And Disability In Nineteenth-Century America, Peter Blanck, Chen Song Feb 2003

"Never Forget What They Did Here": Civil War Pensions For Gettysburg Union Army Veterans And Disability In Nineteenth-Century America, Peter Blanck, Chen Song

William & Mary Law Review

No abstract provided.


Foreword: Disability And Identity, Michael Ashley Stein Feb 2003

Foreword: Disability And Identity, Michael Ashley Stein

William & Mary Law Review

No abstract provided.


The Law And Economics Of Disability Accommodations, Michael Ashley Stein Jan 2003

The Law And Economics Of Disability Accommodations, Michael Ashley Stein

Faculty Publications

The Americans with Disabilities Act provides a clear mandate that disabled workers be provided with "reasonable" accommodations, but does not meaningfully articulate the standards by which reasonableness ought to be measured. Until now, neither courts nor commentators have provided a systematic model for analyzing accommodation claims. This Article articulates an initial law and economics framework for analyzing disability-related accommodations. In doing so, it demonstrates how accommodations span a cost continuum that can be divided into areas of Wholly Efficient and Semi-Efficient Accommodations to be funded by private employers, Social Benefit Gain Efficient Accommodations where the costs should be borne by …


Federal Power, States' Rights, Individual Rights: Mentally Disabled Prisoners And The Supreme Court's New Activism, Tom Kollas Apr 2002

Federal Power, States' Rights, Individual Rights: Mentally Disabled Prisoners And The Supreme Court's New Activism, Tom Kollas

William & Mary Bill of Rights Journal

This Note examines the situation of mentally disabled prisoners who seek to assert their rights in federal court. Neither laws affecting the disabled nor laws affecting prisoners receive heightened scrutiny by the judiciary, which, thus far, also refuses to recognize the unique burdens of those who fit both categories. Because mentally disabled prisoners do not qualify for heightened scrutiny under the Equal Protection Clause, recent developments in the federalism doctrine lead the courts to conclude that they are without jurisdiction to hear suits brought by prisoners against state penitentiaries. This Note explores the underpinnings of federalism, separation of powers, and …


Disability Harassment In The Public Schools, Mark C. Weber Feb 2002

Disability Harassment In The Public Schools, Mark C. Weber

William & Mary Law Review

No abstract provided.


Determining The Intended Beneficiaries Of The Ada In The Aftermath Of Sutton: Limiting The Application Of The Disabling Corrections Corollary, Richard C. Dunn Feb 2002

Determining The Intended Beneficiaries Of The Ada In The Aftermath Of Sutton: Limiting The Application Of The Disabling Corrections Corollary, Richard C. Dunn

William & Mary Law Review

No abstract provided.


Book Review Of Anti-Discrimination Law And The European Union, Michael Ashley Stein Jan 2002

Book Review Of Anti-Discrimination Law And The European Union, Michael Ashley Stein

Faculty Publications

No abstract provided.


Book Review Of Mental Disability In Victorian England: The Earlswood Asylum 1847-1901, Michael Ashley Stein Jan 2002

Book Review Of Mental Disability In Victorian England: The Earlswood Asylum 1847-1901, Michael Ashley Stein

Faculty Publications

No abstract provided.


Disability, Employment Policy, And The Supreme Court, Michael Ashley Stein Jan 2002

Disability, Employment Policy, And The Supreme Court, Michael Ashley Stein

Faculty Publications

No abstract provided.


Disability, Equal Protection, And The Supreme Court: Standing At The Crossroads Of Progressive And Retrogressive Logic In Constitutional Classification, Anita Silvers, Michael Ashley Stein Oct 2001

Disability, Equal Protection, And The Supreme Court: Standing At The Crossroads Of Progressive And Retrogressive Logic In Constitutional Classification, Anita Silvers, Michael Ashley Stein

Faculty Publications

This Article compares current disability jurisprudence with the development of sex equality jurisprudence in the area of discrimination. It demonstrates that current disability law resembles the abandoned, sexist framework for determining sex equality and argues that disability equality cases should receive similar analysis as the more progressive, current sex equality standard. As such, the Article attempts to synthesize case law (l4th Amendment Equal Protection jurisprudence) and statutory law (Title VII and the ADA) into a comprehensive overview of the state of current disability law viewed within the context of discrimination law in general.


War, Society, And Disability: Some Thoughts On Applying Under-Utilized Methodologies, Michael Ashley Stein Apr 2001

War, Society, And Disability: Some Thoughts On Applying Under-Utilized Methodologies, Michael Ashley Stein

Faculty Publications

No abstract provided.


Labor Markets, Rationality, And Workers With Disabilities, Michael Ashley Stein Jul 2000

Labor Markets, Rationality, And Workers With Disabilities, Michael Ashley Stein

Faculty Publications

No abstract provided.


Empirical Implications Of Title I, Michael Ashley Stein Jan 2000

Empirical Implications Of Title I, Michael Ashley Stein

Faculty Publications

No abstract provided.


The Lay View Of What "Disability" Means Must Give Way To What Congress Says It Means: Infertility As A "Disability" Under The Americans With Disabilities Act, Deborah K. Dallmann Oct 1996

The Lay View Of What "Disability" Means Must Give Way To What Congress Says It Means: Infertility As A "Disability" Under The Americans With Disabilities Act, Deborah K. Dallmann

William & Mary Law Review

No abstract provided.


Social Security Administration Nonacquiescence On The Standard For Evaluating Pain, Erin Margaret Masson May 1995

Social Security Administration Nonacquiescence On The Standard For Evaluating Pain, Erin Margaret Masson

William & Mary Law Review

No abstract provided.


Disability Discrimination By State And Local Government: The Relationship Between Section 504 Of The Rehabilitation Act And Title Ii Of The Americans With Disabilities Act, Mark C. Weber Mar 1995

Disability Discrimination By State And Local Government: The Relationship Between Section 504 Of The Rehabilitation Act And Title Ii Of The Americans With Disabilities Act, Mark C. Weber

William & Mary Law Review

No abstract provided.


Mommy Has A Blue Wheelchair: Recognizing The Parental Rights Of People With Disabilities, Michael Ashley Stein Jan 1994

Mommy Has A Blue Wheelchair: Recognizing The Parental Rights Of People With Disabilities, Michael Ashley Stein

Faculty Publications

No abstract provided.


From Crippled To Disabled: The Legal Empowerment Of Americans With Disabilities, Michael Ashley Stein Jan 1994

From Crippled To Disabled: The Legal Empowerment Of Americans With Disabilities, Michael Ashley Stein

Faculty Publications

No abstract provided.


Attitudinal Barriers To Hiring Attorneys With Disabilities, Michael Ashley Stein Jan 1993

Attitudinal Barriers To Hiring Attorneys With Disabilities, Michael Ashley Stein

Faculty Publications

No abstract provided.


Employing The Alcoholic Under The Americans With Disabilities Act Of 1990, Wendy K. Voss Mar 1992

Employing The Alcoholic Under The Americans With Disabilities Act Of 1990, Wendy K. Voss

William & Mary Law Review

No abstract provided.


The Fourth Bite At The Apple: A Study Of The Operation And Utility Of The Social Security Administration's Appeals Council, Charles H. Koch Jr., David A. Koplow Jan 1990

The Fourth Bite At The Apple: A Study Of The Operation And Utility Of The Social Security Administration's Appeals Council, Charles H. Koch Jr., David A. Koplow

Faculty Publications

The Social Security Administration's Appeals Council performs the fourth and final administrative evaluation of appealed disability claims. Very little information about the Appeals Council has been available to claimants and their representatives, even though claimants must request Appeals Council review before filing an appeal in federal court. In response to criticism and controversy surrounding this obscure branch of the Social Security Administration, the Administrative Conference of the United States (ACUS) asked Professors Koch and Koplow to study the Appeals Council's effectiveness in disability claims and adjudication. In this Article, the authors examine Appeals Council operations and the Council's relationship to …


The Rehabilitation Act Of 1973: Focusing The Definition Of A Handicapped Individual, Anna P. Engh Oct 1988

The Rehabilitation Act Of 1973: Focusing The Definition Of A Handicapped Individual, Anna P. Engh

William & Mary Law Review

No abstract provided.


Employment Rights Of Handicapped Individuals: Statutory And Judicial Parameters, Toni M. Massaro Dec 1978

Employment Rights Of Handicapped Individuals: Statutory And Judicial Parameters, Toni M. Massaro

William & Mary Law Review

No abstract provided.