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Articles 31 - 55 of 55
Full-Text Articles in Disability Law
Fragmented Lives: Disability Discrimination And The Role Of "Environment-Framing", Ani B. Satz
Fragmented Lives: Disability Discrimination And The Role Of "Environment-Framing", Ani B. Satz
Faculty Articles
This Article presents a novel theory that courts undermine the purpose of the Americans with Disabilities Act (ADA) by implicitly embracing environment-frames that disfavor disability protections. Courts employ environment-frames at two stages of judicial analysis under the Act: the disability eligibility and remedy stages. In determining whether a plaintiff is in the statutorily protected class, courts typically use a broad environment-frame to assess limitation of a "major life activity. " The larger the environment-frame, the more likely a court will view an individual as able to perform a major life activity in some portion of her environment and deny her …
A New Normative Approach For The Grant Of Asylum In Cases Of Non-State Actor Persecution, Mikhail Izrailev
A New Normative Approach For The Grant Of Asylum In Cases Of Non-State Actor Persecution, Mikhail Izrailev
Cardozo Journal of International and Comparative Law
The note critiques the inconsistent application of the "unable or unwilling" standard in asylum cases, particularly regarding nonstate actor persecution, and advocates for adopting the New Zealand Refugee Status Appeals Authority's standard. This standard focuses on the existence of a real risk of persecution, irrespective of governmental efforts, to align with the Refugee Convention's nonrefoulement principle and better safeguard asylum seekers' rights.
Fragmented Lives: Disability Discrimination And The Role Of "Environment-Framing", Ani B. Satz
Fragmented Lives: Disability Discrimination And The Role Of "Environment-Framing", Ani B. Satz
Washington and Lee Law Review
This Article presents a novel theory that courts undermine the purpose of the Americans with Disabilities Act (ADA) by implicitly embracing environment-frames that disfavor disability protections. Courts employ environment-frames at two stages of judicial analysis under the Act: the disability eligibility and remedy stages. In determining whether a plaintiff is in the statutorily protected class, courts typically use a broad environment-frame to assess limitation of a "major life activity." The larger the environment-frame, the more likely a court will view an individual as able to perform a major life activity in some portion of her environment and deny her protected …
Wrongful Termination Claims In The Supreme Court Of Canada: Coming Up Short, Dianne Pothier
Wrongful Termination Claims In The Supreme Court Of Canada: Coming Up Short, Dianne Pothier
Dianne Pothier Collection
The author concludes that the Supreme Court of Canada's narrow interpretations in Wal-Mart and Honda undermine the purposes of collective bargaining and human rights legislation, respectively Wal-Mart involves an unfair labour practice complaint following the closing of a store in Jonquibre, Quebec. The author contests the analysis of the Supreme Court of Canada, as being far removed from the context of the real difficulties in dealing with determined anti-union employers, instead facilitating statutory evasion. Honda involves a claim for wrongful dismissal, where the issue at the Supreme Court of Canada level is one of remedy, premised on the dismissal amounting …
It's More Than Ramps: Housing Accessibility For People With Disabilities, Kim Borowicz, Hillary Coustan
It's More Than Ramps: Housing Accessibility For People With Disabilities, Kim Borowicz, Hillary Coustan
Public Interest Law Reporter
No abstract provided.
Sub-Minimum Wage Or Sub-Human? The Potential Impact On The Civil Rights Of People With Disabilities In Employment, Laura C. Hoffman
Sub-Minimum Wage Or Sub-Human? The Potential Impact On The Civil Rights Of People With Disabilities In Employment, Laura C. Hoffman
Public Interest Law Reporter
No abstract provided.
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 …
Abandoned Love: The Impact Of Wyatt V. Stickney On The Intersection Between International Human Rights And Domestic Mental Disability Law, Michael L. Perlin
Abandoned Love: The Impact Of Wyatt V. Stickney On The Intersection Between International Human Rights And Domestic Mental Disability Law, Michael L. Perlin
Articles & Chapters
Wyatt v. Stickney - the first case to find (40 years ago) a constitutional right to treatment for persons institutionalized because of mental disability - is the most important institutional rights case litigated in the history of domestic mental disability law. It spawned “copycat” litigation in multiple federal district courts and state superior courts, led directly to the creation of “Patients’ Bills of Rights” in most states, and inspired the creation of the Developmental Disabilities Assistance and Bill of Rights Act, the Mental Health Systems Act Bill of Rights, and the federally-funded Protection and Advocacy System. Its direct influence on …
An Essay On The Stages Of The Clinical Year In Law School: Group Process With Existentialist Roots, Richard J. Wilson
An Essay On The Stages Of The Clinical Year In Law School: Group Process With Existentialist Roots, Richard J. Wilson
Scholarly Articles in Law Reviews & Journals
This short article focuses on "units," or stages of group process, part of my shared experience in law teaching and in adult education at St. Mark’s Church, Capitol Hill, Washington, DC. The article explores the context of the functional education program of church teaching and its common elements with clinical law teaching. The unit structure from church teaching translates well, I conclude, into the structure of clinical legal education.
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 …
Racial Perspectives On Eligibility For Special Education For Students Of Color Who Are Struggling, Is Special Education A Potential Evil Or A Potential Good?, Jonathan Feldman
Racial Perspectives On Eligibility For Special Education For Students Of Color Who Are Struggling, Is Special Education A Potential Evil Or A Potential Good?, Jonathan Feldman
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Ending The Disconnect For The Deaf Community: How Amendments To The Federal Regulations Can Realign The Ada With Its Purpose, Hayley M. Koteen
Ending The Disconnect For The Deaf Community: How Amendments To The Federal Regulations Can Realign The Ada With Its Purpose, Hayley M. Koteen
Cardozo Arts & Entertainment Law Journal
No abstract provided.
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 …
Following In Paul Miller's (Very Large) Footsteps, Chai R. Feldblum
Following In Paul Miller's (Very Large) Footsteps, Chai R. Feldblum
Georgetown Law Faculty Publications and Other Works
A tribute to Paul Miller, former Commissioner of the Equal Employment Opportunity Commission (EEOC). Miller was a leader on disability rights and on ensuring that the EEOC was effectively and forcefully implementing the Americans with Disabilities Act (ADA) of 1990. The author discusses Miller's work as EEOC Commissioner.
Selective Bibliography Relating To Law Students And Lawyers With Disabilities, Adeen Postar
Selective Bibliography Relating To Law Students And Lawyers With Disabilities, Adeen Postar
All Faculty Scholarship
No abstract provided.
Assisting Law Students With Disabilities In The 21st Century, David Jaffe
Assisting Law Students With Disabilities In The 21st Century, David Jaffe
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Keynote Speaker, Patricia A. Shiu
Keynote Speaker, Patricia A. Shiu
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Research Project Bar Examination Accommodations For Adhd Graduates, Neha Sampat, Esme Grant
Research Project Bar Examination Accommodations For Adhd Graduates, Neha Sampat, Esme Grant
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Selected Bibliography Relating To Law Students And Lawyers With Disabilities, Adeen Postar
Selected Bibliography Relating To Law Students And Lawyers With Disabilities, Adeen Postar
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Who’S The Boss?: The Need For Thoughtful Identification Of The Client(S) In Special Education Cases , Yael Zakai Cannon
Who’S The Boss?: The Need For Thoughtful Identification Of The Client(S) In Special Education Cases , Yael Zakai Cannon
American University Journal of Gender, Social Policy & the Law
No abstract provided.
The Learning Disability Mess, Ruth Colker
The Learning Disability Mess, Ruth Colker
American University Journal of Gender, Social Policy & the Law
No abstract provided.
How Idea Fails Families Without Means: Causes And Corrections From The Frontlines Of Special Education, Elisa Hyman, Dean Hill Rivkin, Stephen A. Rosenbaum
How Idea Fails Families Without Means: Causes And Corrections From The Frontlines Of Special Education, Elisa Hyman, Dean Hill Rivkin, Stephen A. Rosenbaum
American University Journal of Gender, Social Policy & the Law
No abstract provided.
The Gestalt Of The School-To-Prison Pipeline: The Duality Of Overrepresentation Of Minorities In Special Education And Racial Disparity In School Discipline On Minorities, Torin D. Togut
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Enabling Refugee And Idp Law And Policy: Implications Of The U.N. Convention On The Rights Of Persons With Disabilities, Professor Michael Stein, Janet E. Lord
Enabling Refugee And Idp Law And Policy: Implications Of The U.N. Convention On The Rights Of Persons With Disabilities, Professor Michael Stein, Janet E. Lord
Articles
No abstract provided.