Disability Law Commons^™

The Disabled Ada: How A Narrowing Ada Threatens To Exclude The Cognitively Disabled, Nathan Catchpole, Aaron Miller

BYU Law Review

No abstract provided.

Data Note: The Relationship Between Supported Employment Status And Minimum Wage For Vocational Rehabilitation Integrated Employment Closures In 2004, Frank A. Smith, Dana Scott Gilmore

Data Note Series, Institute for Community Inclusion

Some VR customers earn less than minimum wage despite being closed successfully, i.e., exiting Vocational Rehabilitation (VR) services into an integrated employment setting. Section 14(c) of the Fair Labor Standards Act allows employers to pay less than the minimum wage to a person whose disability impairs their capacity to be productive at a particular job. People in supported employment are more likely to have a disability that makes them eligible for Section 14(c) minimum wage exemption. How do wages for customers in supported employment compare to those earned by other customers?

(Whatever Happended To) The Ada's "Record Of" Prong(?), Alex B. Long

Washington Law Review

Of the three prongs in the Americans with Disabilities Act's (ADA) definition of disability, the "record of" prong is far less likely to be used by ADA plaintiffs in claiming protection under the Act than are the actual disability and "regarded as" prongs. Between the years 2000 and 2005, ADA and Rehabilitation Act plaintiffs who alleged employment discrimination in federal court relied upon the "record of" prong less than one-third as often as either the actual and "regarded as" prongs in claiming disability status. When they did rely on the "record of" prong, ADA plaintiffs did not enjoy any greater …

Emotional Competence, "Rational Understanding," And The Criminal Defendant, Terry A. Maroney

Vanderbilt Law School Faculty Publications

Adjudicative competence, more commonly referred to as competence to stand trial, is a highly under-theorized area of law. Though it is well established that, to be competent, a criminal defendant must have a "rational" as well as 'factual" understanding of her situation, the meaning of such "rational understanding" has gone largely undefined. Given the large number of criminal prosecutions in which competence is at issue, the doctrine's instability stands in stark contrast to its importance. This Article argues that adjudicative competence, properly understood, asks whether a criminal defendant has capacity to participate meaningfully in the host of decisions potentially required …

Data Note: Relationship Between Ssi Recipients Who Work And State Unemployment Rate, Katherine Fichthorn, Dana Scott Gilmore

Data Note Series, Institute for Community Inclusion

The Supplemental Security Income program (SSI) administered by the Social Security Administration provides cash assistance to low-income individuals who are seniors, blind, or have a disability.

Research To Practice: The National Survey Of Community Rehabilitation Providers, Fy2004-2005 Report 1: Employment Outcomes Of People With Developmental Disabilities In Integrated Employment, Heike Boeltzig, Dana Scott Gilmore, John Butterworth

Research to Practice Series, Institute for Community Inclusion

Where do people with mental retardation and developmental disabilities work? What are their hours, wages, and benefits? This brief covers partial results from a survey that gives a snapshot of the outcomes for recently employed people with developmental disabilities.

Research To Practice: Trends And Emerging Issues Regarding Ssa/Vr Reimbursements For Ssi/Ssdi Recipients, John Halliday, Dana Scott Gilmore, Katherine Fichthorn

Research to Practice Series, Institute for Community Inclusion

This brief discusses the declining amount of reimbursement paid to public VR agencies from federal fiscal year (FFY) 2002 to FFY 2005 by considering the impact that fewer claims submitted and a rising SGA level may have on the amount of reimbursement paid.

The Business Of Employing People With Disabilities: Four Case Studies, Alexander A. Boni-Saenz, Allen W. Heinemann, Deborah S. Crown, Linda L. Emanuel

All Faculty Scholarship

This exploratory study examines employer attitudes towards people with disabilities in the labor market. Through in-depth, semi-structured interviews with senior management, human resources staff, directors of diversity, and hiring managers at four corporations, it pinpoints reasons why businesses chose to hire people with disabilities, investigates the perceived benefits and barriers to hiring people with disabilities, and identifies strategies for successfully hiring and retaining workers with disabilities. It fills a gap in examining the attitudes and decision-making processes of U.S. companies that have been leaders in hiring people with disabilities, as well as delving into the special issues of small businesses …

Pushing The Integrated Employment Agenda: Case Study Research In Washington State, Jean Winsor, Allison Cohen Hall, John Butterworth, Dana Scott Gilmore

Case Studies Series, Institute for Community Inclusion

This is the second in a series of publications highlighting findings from case studies in three states—New Hampshire, Washington, and Colorado—that are recognized as high performers in integrated employment. These products are intended to be a practical resource for states as they work to help people with disabilities obtain and maintain gainful employment.

ICI identified “high-performing” states based on the following criteria: the percentage of citizens served by the state’s mental retardation/developmental disabilities agency that participate in integrated employment, and the rate of growth in integrated employment.

In 2003, a team of ICI researchers conducted face-to-ace interviews with state and …

Title Iii Of The Americans With Disabilities Act Applies To Foreign Cruise Ships; But What Exactly Is Required?, Samantha Allison Dipolito

Mercer Law Review

In Spector v. Norwegian Cruise Line, the United States Supreme Court held that Title III of the Americans with Disabilities Act (the "ADA") applies to foreign-flag cruise ships in American waters insofar as the requirements of Title III do not interfere with the internal order of the cruise ships. Additionally, the Court held that the provision of the ADA requiring barrier removal, which is "readily achievable" does not apply if the removal would bring a ship into noncompliance with international legal obligations. The dissenting opinion argues that Title III of the ADA does not apply to foreign cruise ships …

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 …

Mending A Monumental Mountain: Resolving Two Critical Circuit Splits Under The Americans With Disabilities Act For The Sake Of Logic, Unity, And The Mentally Disabled, Matthew M. Cannon

BYU Law Review

No abstract provided.

Book Review Of Disability Rights In Europe: From Theory To Practice, Michael Ashley Stein

Popular Media

No abstract provided.

Disability And Employment Discrimination At The Rehnquist Court, Anita Silvers, Michael E. Waterstone, Michael Ashley Stein

Faculty Publications

No abstract provided.

Making Sense Of The Inclusion Debate Under Idea, Stacey Gordon

Brigham Young University Education and Law Journal

No abstract provided.

Data Note: Vr Outcomes For People With Spinal Cord Injury, Frank A. Smith, Dana Scott Gilmore, John Butterworth

Data Note Series, Institute for Community Inclusion

An estimated 250,000 people are living with a spinal cord injury (SCI). Since 2000, the average age of injury has been 38, with almost 80% of new injuries affecting men. Approximately 7,154 persons with SCI entered the VR service system in 2004. In 2004, 2382 individuals with SCI achieved successful rehabilitation with the support of state vocational rehabilitation agencies.

Representing Children With Disabilities: Legal And Ethical Considerations, Kim Brooks Tandy, Teresa Heffernan

Nevada Law Journal

No abstract provided.

Barriers To Accessible Housing: Enforcement Issues In "Design And Construction" Cases Under The Fair Housing Act, Robert G. Schwemm

University of Richmond Law Review

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

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 …

Karraker V. Rent-A-Center: Testing The Limits Of The Ada, Personality Tests, And Employer Preemployment Screening, Maureen E. Mulvihill

Loyola University Chicago Law Journal

No abstract provided.

Preserving Voting Rights In Long-Term Care Institutions: Facilitating Resident Voting While Maintaining Election Integrity, Nina A. Kohn

McGeorge Law Review

No abstract provided.

Framing The Voting Rights Claims Of Cognitively Impaired Individuals, Pamela S. Karlan

McGeorge Law Review

No abstract provided.

Absentee Voting By People With Disabilities: Promoting Access And Integrity, Daniel P. Tokaji, Ruth Colker

McGeorge Law Review

No abstract provided.

Defining And Assessing Capacity To Vote: The Effect Of Mental Impairment On The Rights Of Voters, Sally Balch Hurme, Paul S. Appelbaum

McGeorge Law Review

No abstract provided.

Justice Disparities: Does The Ada Enforcement System Treat People With Psychiatric Disabilities Fairly?, Jeffrey Swanson, Scott Burris, Kathryn Moss, Michael Ullman

Maryland Law Review

No abstract provided.

Law Students With Attention Deficit Disorder: How To Reach Them, How To Teach Them, 39 J. Marshall L. Rev. 349 (2006), Robin A. Boyle

UIC Law Review

No abstract provided.

Critical Essay: Musings On The Need To Convince Some People With Disabilities That End-Of-Life Decision-Making Advocates Are Not Out To Get Them, Kathy L. Cerminara

Loyola University Chicago Law Journal

No abstract provided.

The Elusive Protected Class - Who Is Worthy Under The Americans With Disabilities Act, Elizabeth Fordyce

Villanova Law Review (1956 - )

No abstract provided.

A Veil Of Genetic Ignorance - Protecting Genetic Privacy To Ensure Equality, Radhika Rao

Villanova Law Review (1956 - )

No abstract provided.

Research To Practice: The National Survey Of Community Rehabilitation Providers, Fy2002-2003 Report 3: Involvement Of Crps In The Ticket To Work And The Workforce Investment Act, Heike Boeltzig, John Butterworth, Dana Scott Gilmore

Research to Practice Series, Institute for Community Inclusion

This Research to Practice brief examines CRP participation in the Ticket to Work and the Workforce Investment Act (WIA). Findings showed that CRPs were more involved in WIA than the Ticket program.