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Articles 31 - 49 of 49
Full-Text Articles in Disability Law
Discrimination Cases In The Supreme Court’S 1998 Term, Eileen Kaufman
Discrimination Cases In The Supreme Court’S 1998 Term, Eileen Kaufman
Scholarly Works
In the Supreme Court's 1997 Term, the Supreme Court had decided a record number of statutory discrimination cases. However, that record was exceeded in the Supreme Court's 1998 Term with the Court addressing issues arising under Title VII, which covers discrimination in employment; Title IX, which covers discrimination in schools; and most significantly, the Americans with Disabilities Act, which prohibits discrimination based on disability. Overall, the term scored significant victories for employers who were given considerable latitude to set their own physical characteristic standards and who were, to a large extent, immunized from liability for punitive damages. There was an …
The Supreme Court Reins In The Americans With Disabilities Act, Stephen W. Jones
The Supreme Court Reins In The Americans With Disabilities Act, Stephen W. Jones
University of Arkansas at Little Rock Law Review
No abstract provided.
The Americans With Disabilities Act Of 1900: A Road Now Too Narrow, Luther Sutter
The Americans With Disabilities Act Of 1900: A Road Now Too Narrow, Luther Sutter
University of Arkansas at Little Rock Law Review
No abstract provided.
Reflections On Disability Discrimination Policy—25 Years, Laura F. Rothstein
Reflections On Disability Discrimination Policy—25 Years, Laura F. Rothstein
University of Arkansas at Little Rock Law Review
No abstract provided.
"Working" With The Ada's "Regarded As" Definition Of A Disability, Thomas Simmons
"Working" With The Ada's "Regarded As" Definition Of A Disability, Thomas Simmons
Faculty Publications
The Americans with Disabilities Act of 1990 prohibits discrimination against and mandates accommodations for individuals with disabilities. As a threshold matter, the Act requires the plaintiff to demonstrate that she is an individual with a disability; that is, that she has an actual disability or is "regarded as" having a disability as the statute defines it. This article discusses the threshold "regarded as" showing as refined by three Supreme Court cases decided in the summer of 1999. Although in the past the "regarded as" definition has often played "second fiddle" to the "actual disability" definition, the author suggests that there …
A Study In Double Standards, Discipline, And The Disabled Student, Anne Proffitt Dupre
A Study In Double Standards, Discipline, And The Disabled Student, Anne Proffitt Dupre
Washington Law Review
School violence and other school discipline issues erode trust and confidence in our public schools and inhibit students from obtaining the education necessary to participate meaningfully in our nation's democratic and political institutions. This Article examines an issue of school law that appears almost insoluble-what one judge has called the "exquisitely difficult" issue of school discipline and the disabled student. The issue is governed by the Individuals with Disabilities Education Act (IDEA, enacted in 1975), which imposes significant constraints on school authorities who wish to discipline disruptive or violent disabled students. School officials have stated that IDEA left them powerless …
Is Hiv Disability Under The Americans With Disabilities Act: Unanswered Questions After Bragdon V. Abbott, Connie Mayer
Is Hiv Disability Under The Americans With Disabilities Act: Unanswered Questions After Bragdon V. Abbott, Connie Mayer
Journal of Law and Health
Prior to the passage of the ADA in 1990, the term "individual with a handicap" had been clearly established under federal disability laws to include all people with HIV. Every reported decision under the Rehabilitation Act and the Fair Housing Amendment Act had determined that asymptomatic HIV was protected as a per se disability. Prior to 1997, only a few Courts had faced the issue of whether a plaintiff with asymptomatic HIV was disabled under the ADA. In 1997, the Fourth and First Circuit Courts of Appeal decided cases in direct conflict with one another, opening the door for the …
Scaling Back The Ada: How The Sutton V. United Airlines Decision Affects Employees With Bipolar Disorder., Kevin Wiley Jr.
Scaling Back The Ada: How The Sutton V. United Airlines Decision Affects Employees With Bipolar Disorder., Kevin Wiley Jr.
The Scholar: St. Mary's Law Review on Race and Social Justice
The Sutton v. United Airlines decision went too far in the Supreme Court’s effort to scale back the protections of the Americans with Disabilities Act (ADA). Congress should review the Sutton decision and amend the ADA to consider disabilities as they exist without regard to mitigating measures based on the severity of the illness. To seek protection under the ADA, one must have a discernable disability, and one’s impairment must be diagnosed and disclosed to the employer. Disability, however, was not specifically defined in the ADA, and no agency or regulation has specifically defined disability for the courts to utilize …
Reconsidering The Americans With Disabilities Act, Miranda Mcgowan
Reconsidering The Americans With Disabilities Act, Miranda Mcgowan
Georgia Law Review
The Supreme Court's Americans with Disabilities Act decisions in Sutton v. United Air Lines and its companion cases have been extensively criticized as inconsistent with the ADA's purpose and legislative history. In Sutton, the Court held that corrective measures used by an individual to alleviate the effects of a physical or mental impairment should be taken into account when assessing whether a person has a disability under the ADA. The Court's ruling rejected the EEOC's interpretive guidance and the approach taken by a majority of circuit courts. As a practical matter, Sutton significantly curtails the class of persons deemed to …
Maintaining Athletics As An Important Part Of A High School Education: The Seventh Circuit Gives Hope To Disabled Student-Athletes In Washington V. Indiana High School Athletic Association, Inc., Kristine Larochelle
Jeffrey S. Moorad Sports Law Journal (1994 - )
No abstract provided.
Stepping Outside The Box: Viewing Your Client In A Whole New Light, Michael L. Perlin
Stepping Outside The Box: Viewing Your Client In A Whole New Light, Michael L. Perlin
Articles & Chapters
No abstract provided.
Their Promises Of Paradise: Will Olmstead V. L.C. Resuscitate The Constitutional Least Restrictive Alternative Principle In Mental Disability Law, Michael L. Perlin
Their Promises Of Paradise: Will Olmstead V. L.C. Resuscitate The Constitutional Least Restrictive Alternative Principle In Mental Disability Law, Michael L. Perlin
Articles & Chapters
This article argues that the Supreme Court's decision in Olmstead v. L.C., 119 S. Ct. 2176 (1999), finding a qualified right to community treatment and services for certain institutionalized persons under the Americans with Disabilities Act (ADA) and endorsing an "integration mandate," forces us to reconsider the role of the "least restrictive alternative" in institutional mental disability law, and may serve to resuscitate and revitalize the constitutional foundations of that principle in this area of the law. In this context, Olmstead has the capacity to be the Supreme Court's most therapeutic mental disability law decision since that Court decided, in …
For The Misdemeanor Outlaw: The Impact Of The Ada On The Institutionalization Of Criminal Defendants With Mental Disabilities, Michael L. Perlin
For The Misdemeanor Outlaw: The Impact Of The Ada On The Institutionalization Of Criminal Defendants With Mental Disabilities, Michael L. Perlin
Articles & Chapters
This article argues that the Supreme Court's decision in Olmstead v. L.C., 119 S. Ct. 2176 (1999), finding a qualified right to community treatment and services for certain institutionalized persons under the Americans with Disabilities Act (ADA), causes us to reconceptualize state policies that mandate that all defendants in four categories - those being evaluated for competency to stand trial, those found permanently incompetent to stand trial under the Supreme Court's decision in Jackson v. Indiana, 406 U.S. 715 (1972), those being evaluated for insanity, and those found not guilty by reason of insanity - be treated and housed in …
A Law Of Healing, Michael L. Perlin
The Americans With Disabilities Act After Sutton V. United Air Lines--Can It Live Up To Its Promise Of Freedom For Disabled Americans?, Ashley L. Pack
The Americans With Disabilities Act After Sutton V. United Air Lines--Can It Live Up To Its Promise Of Freedom For Disabled Americans?, Ashley L. Pack
Kentucky Law Journal
No abstract provided.
I Ain't Gonna Work On Maggie's Farm No More: Institutional Segregation, Community Treatment, The Ada, And The Promise Of Olmstead V. L.C., Michael L. Perlin
I Ain't Gonna Work On Maggie's Farm No More: Institutional Segregation, Community Treatment, The Ada, And The Promise Of Olmstead V. L.C., Michael L. Perlin
Articles & Chapters
Olmstead v. L.C., 119 S. Ct. 2176 (1999), qualifiedly affirming a decision that the Americans with Disabilities Act entitled plaintiffs - residents of Georgia State Hospital - to treatment in an "integrated community setting" as opposed to an "unnecessarily segregated" state hospital, potentially has the capacity to transform and revolutionize institutional mental disability law. Whether that potential is realized depends on multiple factors, especially the extent to which courts, legislatures and the public are willing to confront the extent to which sanism (an irrational prejudice of the same quality and character of other irrational prejudices that cause and are reflected …
The Wrong Tool For The Right Job: Are Commercial Websites Places Of Public Accommodation Under The Americans With Disabilities Act Of 1990?, Patrick Maroney
The Wrong Tool For The Right Job: Are Commercial Websites Places Of Public Accommodation Under The Americans With Disabilities Act Of 1990?, Patrick Maroney
Vanderbilt Journal of Entertainment & Technology Law
The text of the ADA does not support such an extension. The interpretative canons of "noscitur a sociis" and "ejusdem generis" dictate that "places of public accommodation" refer exclusively to physical facilities. The canons also sufficiently resolve any possible statutory ambiguities, thereby foreclosing the opportunity for contrary agency interpretations. Although the intentionally broad purpose and design of the ADA make the statute an attractive avenue for advocates of online expansion, that same purpose and design limit the ADA to physical facilities. This note addresses the issues in two parts. First, it presents the arguments just listed. Second, it recognizes the …
Disability And The Income Tax, David G. Duff
Disability And The Income Tax, David G. Duff
All Faculty Publications
The federal Income Tax Act contains an extensive number of provisions addressing the taxation of families with disabled persons. These provisions, however, have been the subject of a series of ongoing incremental adjustments, and do not reflect a comprehensive and coherent approach to the taxation of these individuals in light of their unique financial circumstances. This article considers the existing income tax provisions regarding families with disabled persons, analyzing the relationship between disabilities and appropriate tax liabilities, and providing suggestions for reform of the current tax structure. Focussing on the goals of tax policy narrowly defined as compared to the …
Empirical Implications Of Title I, Michael Ashley Stein
Empirical Implications Of Title I, Michael Ashley Stein
Faculty Publications
No abstract provided.