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Articles 1591 - 1620 of 2425

Full-Text Articles in Disability Law

Brief Of Amici Curiae In Support Of Plaintiff-Appellant, Equal Employment Opportunity Commission V. The Picture People, Inc., No. 11-1306, Marc Charmatz, Debra Patkin Oct 2011

Brief Of Amici Curiae In Support Of Plaintiff-Appellant, Equal Employment Opportunity Commission V. The Picture People, Inc., No. 11-1306, Marc Charmatz, Debra Patkin

Court Briefs

The National Association for the Deaf and the University of Maryland Francis King Carey School of Law Civil Rights of Persons with Disabilities Clinic submitted an amici curiae Brief in EEOC v. Picture People, 684 F.3d 981 (10th Cir. 2012). At issue in Picture People was whether deaf or hard of hearing individuals may be discharged from an employment position in a photography studio because the employer believes the employee may have a limited ability to communicate verbally when the employer has accommodated the employee’s hearing disability. The brief supports the retaliation argument proffered by the EEOC in their …

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Diagnosing Liability : The Legal History Of Posttraumatic Stress Disorder, Deirdre M. Smith Oct 2011

Diagnosing Liability : The Legal History Of Posttraumatic Stress Disorder, Deirdre M. Smith

Faculty Publications

This Article examines the origins of the unique relationship between the psychiatric diagnosis Posttraumatic Stress Disorder (PTSD) and the law and considers the implications of that relationship for contemporary uses of the diagnosis in legal settings. PTSD stands apart from all other diagnoses in psychiatry 's standard classification system, the Diagnostic and Statistical Manual of Mental Disorders (DSM} , and is the focus of significant controversy within psychiatry, because its diagnostic criteria require a determination of causation. By diagnosing a person with PTSD, a clinician necessarily assigns responsibility to a specific event or agent for causing the person 's symptoms, …

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Creating New Law Or Restoring The Old - Retroactivity And The Americans With Disabilities Amendments Act Of 2008: A Comment On Eeoc V Autozone, Frederick J. Melkey Oct 2011

Creating New Law Or Restoring The Old - Retroactivity And The Americans With Disabilities Amendments Act Of 2008: A Comment On Eeoc V Autozone, Frederick J. Melkey

North Carolina Central Law Review

No abstract provided.

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Assessing Post-Ada Employment: Some Econometric Evidence And Policy Considerations, John J. Donohue Iii, Michael Ashley Stein, Christopher L. Griffin Jr., Sascha Becker Sep 2011

Assessing Post-Ada Employment: Some Econometric Evidence And Policy Considerations, John J. Donohue Iii, Michael Ashley Stein, Christopher L. Griffin Jr., Sascha Becker

Faculty Publications

This study looks at whether the Americans with Disabilities Act of 1990 (ADA) helped or hurt job opportunities for people with disabilities. The researchers used long-term survey data following the same individuals from 1981 to 1996 to see changes in work hours, yearly pay, and hourly wages. For the larger group studied, employment for people with disabilities dropped after the ADA took effect, but their pay compared to other workers stayed about the same. For a smaller group of workers tracked every year, job levels did not show the same drop, though wages for people with disabilities were already falling …

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Augmenting Advocacy: Giving Voice To The Medical-Legal Partnership Model In Medicaid Proceedings And Beyond, Marybeth Musumeci Jul 2011

Augmenting Advocacy: Giving Voice To The Medical-Legal Partnership Model In Medicaid Proceedings And Beyond, Marybeth Musumeci

University of Michigan Journal of Law Reform

The denial of Medicaid coverage for augmentative communication devices, despite an existing legal framework that mandates the opposite result, raises fundamental questions about what independence means for people with disabilities. This situation, compounded by the barriers in the Medicaid administrative appeal process encountered by such beneficiaries, invites new approaches to the delivery of civil legal services, such as medical-legal partnerships (MLPs). MLPs are formalized arrangements that bring lawyers into a healthcare setting to provide specialist consultations when patients experience legal problems that affect health. While there is an emerging scholarship on MLPs, this Article offers the first in-depth analysis of …

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Disability Law - Americans With Disabilities Act Of 1990 - Title Ii And Title Iii And The Expansion Of Captioning For The Deaf: From Televisions And Movie Theaters To Stadiums And Arenas, Daniel Haney Jul 2011

Disability Law - Americans With Disabilities Act Of 1990 - Title Ii And Title Iii And The Expansion Of Captioning For The Deaf: From Televisions And Movie Theaters To Stadiums And Arenas, Daniel Haney

University of Arkansas at Little Rock Law Review

No abstract provided.

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Data Note: State Intellectual And Developmental Disability Agencies' Funding For Employment Services, Jean E. Winsor, Frank A. Smith Jul 2011

Data Note: State Intellectual And Developmental Disability Agencies' Funding For Employment Services, Jean E. Winsor, Frank A. Smith

Data Note Series, Institute for Community Inclusion

Employment has been identified as a priority outcome in federal policy and state employment-first initiatives, and by individuals with IDD. Members of Self Advocates Becoming Empowered have issued a call to increase access to integrated employment and eliminate facility-based work (2009). In many states, the IDD agency and/or statewide advocacy coalitions have developed and implemented employment-first initiatives (State Employment Leadership Network, 2011). However, there is limited data available on the cost of integrated employment services compared to facility-based work services to guide the implementation of these initiatives.

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Enabling Refugee And Idp Law And Policy: Implications Of The U.N. Disability Convention On The Rights Of Persons With Disabilities, Michael Ashley Stein, Janet E. Lord Jul 2011

Enabling Refugee And Idp Law And Policy: Implications Of The U.N. Disability Convention On The Rights Of Persons With Disabilities, Michael Ashley Stein, Janet E. Lord

Faculty Publications

No abstract provided.

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Data Note: Job Seekers With Disabilities At One-Stop Career Centers: An Examination Of Registration For Wagner-Peyser Funded Employment Services, 2002 To 2009, David Hoff, Frank A. Smith Jun 2011

Data Note: Job Seekers With Disabilities At One-Stop Career Centers: An Examination Of Registration For Wagner-Peyser Funded Employment Services, 2002 To 2009, David Hoff, Frank A. Smith

Data Note Series, Institute for Community Inclusion

The Wagner-Peyser Act of 1933 established a nationwide system of public employment services, known as the Employment Service. Via the Workforce Investment Act of 1998, the Employment Service was made part of the One-Stop Career Center service-delivery system. Wagner-Peyser is a primary source of funding for these centers, which make employment services available to all people, including those with disabilities. There are currently 1,800+ comprehensive One-Stop Career Centers throughout the United States, as well as satellite and affiliate centers.

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The Evolution Of Disability Management In North American Workers' Compensation Programs, H. Allan Hunt May 2011

The Evolution Of Disability Management In North American Workers' Compensation Programs, H. Allan Hunt

Reports

No abstract provided.

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Disability Management: The Potential Benefits For The Feca Program, H. Allan Hunt, Rochelle Virginia Habeck May 2011

Disability Management: The Potential Benefits For The Feca Program, H. Allan Hunt, Rochelle Virginia Habeck

Presentations

No abstract provided.

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Research To Practice: Collaboration Between State Intellectual And Developmental Disabilities Agencies And State Vocational Rehabilitation Agencies: Results Of A National Survey, Heike Boeltzig, Jean E. Winsor, Kelly Haines Apr 2011

Research To Practice: Collaboration Between State Intellectual And Developmental Disabilities Agencies And State Vocational Rehabilitation Agencies: Results Of A National Survey, Heike Boeltzig, Jean E. Winsor, Kelly Haines

Research to Practice Series, Institute for Community Inclusion

Do state intellectual and developmental disabilities (IDD) agencies collaborate with their vocational rehabilitation (VR) counterparts? If so, in what ways and how formalized are these collaborative efforts? This Research to Practice Brief provides answers to those and other questions.

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Relieving (Most Of) The Tension: A Review Essay Of Samuel R. Bagenstos, Law And The Contradictions Of The Disability Rights Movement, Nicole Buonocore Porter Apr 2011

Relieving (Most Of) The Tension: A Review Essay Of Samuel R. Bagenstos, Law And The Contradictions Of The Disability Rights Movement, Nicole Buonocore Porter

Faculty Publications

This Review Essay reveals the considerable contribution made by Professor Samuel Bagenstos in his book, Law and the Contradictions of the Disability Rights Movement, where he acknowledges and tackles most of the contradictions and tensions within the disability law field. Instead of repeating familiar arguments about a backlash against the Americans with Disabilities Act (ADA), Bagenstos recognizes and explains that much of the lack of success of the ADA can be attributed to tensions in the goals and projects of the disability rights movement. He makes a very convincing argument that the anti-discrimination and accommodation model of the ADA, …

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Whither The Disability Rights Movement?, Robert W. Pratt Apr 2011

Whither The Disability Rights Movement?, Robert W. Pratt

Michigan Law Review

While reading this book in 2010, almost twenty years to the date after President George H.W. Bush signed the Americans with Disability Act ("ADA"), one realizes how much the world of politics has changed. It is difficult to remember a time when such major legislation passed the U.S. Senate by a vote of 91 to 6 and the House of Representatives by 377 to 28. Even more surprising, as we look back to 1990, is the fact that the executive branch was controlled by a different political party than the legislative branch. Contrast this legislative record with the milieu surrounding …

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Television For All: Increasing Television Accessibility For The Visually Impaired Through The Fcc's Ability To Regulate Video Description Technology, Joshua S. Robare Mar 2011

Television For All: Increasing Television Accessibility For The Visually Impaired Through The Fcc's Ability To Regulate Video Description Technology, Joshua S. Robare

Federal Communications Law Journal

Video descriptions allow people who have visual impairments to get the full benefits from television. Through voiceovers those who have problems seeing are told what is happening on screen allowing them to get the most out of viewing television. However, the Federal Communications Commission currently lacks the authority to require broadcasters to create video descriptions for their programs following the decision in Motion Picture Association of America, Inc. v. Federal Communications Commission. This situation contrasts with closed caption which allows viewers with hearing problems read the dialog being said on screen. The FCC retained the power to regulate closed captions …

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Data Note: Examining Collaboration Between State Intellectual And Developmental Disabilities Agencies And State Vocational Rehabilitation Agencies, Kelly Haines, Heike Boeltzig, Jean E. Winsor Mar 2011

Data Note: Examining Collaboration Between State Intellectual And Developmental Disabilities Agencies And State Vocational Rehabilitation Agencies, Kelly Haines, Heike Boeltzig, Jean E. Winsor

Data Note Series, Institute for Community Inclusion

Since Fiscal Year 1988, the Institute for Community Inclusion has administered the National Survey of State Intellectual and Developmental Disabilities Agencies' Day and Employment Services. The FY 2009 survey included a module to assess the ways in which state intellectual and developmental disabilities (IDD) agencies collaborate with their state vocational rehabilitation (VR) agencies to support integrated employment outcomes for adults with IDD. A total of 40 agencies responded to the module. Their responses provide a broader understanding of the relationship between the two types of state agencies, and the ways in which they work together to provide integrated employment services.

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Federal Disability Discrimination Law And The Toxic Workplace: A Critique Of Ada And Section 504 Case Law Addressing Impairments Caused Or Exacerbated By The Work Environment, John E. Rumel Jan 2011

Federal Disability Discrimination Law And The Toxic Workplace: A Critique Of Ada And Section 504 Case Law Addressing Impairments Caused Or Exacerbated By The Work Environment, John E. Rumel

Articles

No abstract provided.

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Technology: Are You (And Your Vendors) Ahead Of, Or On The Curve?, Kenneth Hirsh, Sharon Krevor-Weisbaum, Gary Norman, Bryan Rapp Jan 2011

Technology: Are You (And Your Vendors) Ahead Of, Or On The Curve?, Kenneth Hirsh, Sharon Krevor-Weisbaum, Gary Norman, Bryan Rapp

American University Journal of Gender, Social Policy & the Law

No abstract provided.

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Let's Disable Her Further, Shall We? The Cast Of Gender On Disability Rights In The Iranian Context, Hengameh Saberi Jan 2011

Let's Disable Her Further, Shall We? The Cast Of Gender On Disability Rights In The Iranian Context, Hengameh Saberi

Articles & Book Chapters

No abstract provided.

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The Underwhelming Impact Of The Americans With Disabilities Act Amendments Act, Stacy A. Hickox Jan 2011

The Underwhelming Impact Of The Americans With Disabilities Act Amendments Act, Stacy A. Hickox

University of Baltimore Law Review

The 2008 amendments to the Americans with Disabilities Act (ADA) were intended to expand the protection against discrimination for persons with disabilities beyond the Supreme Court's narrow interpretation of who is "disabled." While the amendments and the Equal Employment Opportunity Commission (EEOC) Americans with Disabilities Act Amendments Act (ADAAA) regulations address some of the Court's narrow interpretations of the ADA, lower courts may still be able to limit coverage of persons with disabilities who are still able to perform tasks that involve a major life activity, which is limited by their impairment, and persons who have impairments with temporary or …

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Veterans Benefits In 2010: A New Dialogue Between The Supreme Court And The Federal Circuit, Paul R. Gugliuzza Jan 2011

Veterans Benefits In 2010: A New Dialogue Between The Supreme Court And The Federal Circuit, Paul R. Gugliuzza

American University Law Review

No abstract provided.

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Perspective On Economic Critiques Of Disability Law: The Multifaceted Federal Role In Balancing Equity And Efficiency, Elizabeth Burleson Jan 2011

Perspective On Economic Critiques Of Disability Law: The Multifaceted Federal Role In Balancing Equity And Efficiency, Elizabeth Burleson

Elisabeth Haub School of Law Faculty Publications

Given the recent enactment of the ADA Amendments Act, this article analyzes a Rawlsian philosophical framework with which to view society's treatment of people with disabilities. Allocation of resources remains a pervasive concern of economists and attorneys alike. Need, merit, and market compete as means by which to decide who should receive what benefits. This article concludes that while economics can play a powerful role in the initial allocation of limited resources, there remains a multifaceted federal role to confront discrimination and promote equity.

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Veterans Benefits In 2010: A New Dialogue Between The Supreme Court And The Federal Circuit, Paul R. Gugliuzza Jan 2011

Veterans Benefits In 2010: A New Dialogue Between The Supreme Court And The Federal Circuit, Paul R. Gugliuzza

UF Law Faculty Publications

The Supreme Court of the United States rarely grants certiorari in a veterans benefits case. Congress gave the United States Court of Appeals for the Federal Circuit exclusive jurisdiction over veterans appeals in 1988 but, until 2009, the Supreme Court had reviewed only two Federal Circuit veterans decisions. In the 2010 Term, however, the Court decided its second veterans case in less than two years. Although patent lawyers are familiar with a trend of increasing Supreme Court interest in the Federal Circuit’s work, little attention has been paid to the similar, albeit incipient, trend that may be emerging in the …

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Statedata: The National Report On Employment Services And Outcomes, John Butterworth, Allison Cohen Hall, Frank Smith, Alberto Migliore, Jean Winsor, Jaimie Ciulla Timmons, Daria Domin Jan 2011

Statedata: The National Report On Employment Services And Outcomes, John Butterworth, Allison Cohen Hall, Frank Smith, Alberto Migliore, Jean Winsor, Jaimie Ciulla Timmons, Daria Domin

All Institute for Community Inclusion Publications

Policy shifts over the past 20 years have created an agenda for sustained commitment to integrated employment for individuals with disabilities. But despite these clear intentions, unemployment of individuals with disabilities continues to be a major public policy issue. Labor force statistics for December 2010 indicate that 28 percent of working-age adults with disabilities are employed, compared with 70 percent of people without disabilities. Labor force data also indicate that workers with disabilities have experienced significantly higher levels of job loss and hardship during the recession of the late 2000s. For people with intellectual and developmental disabilities (IDD), the disparity …

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Data Note: State Intellectual And Developmental Disability Agencies' Service Trends, Jean E. Winsor, Frank A. Smith Jan 2011

Data Note: State Intellectual And Developmental Disability Agencies' Service Trends, Jean E. Winsor, Frank A. Smith

Data Note Series, Institute for Community Inclusion

Since Fiscal Year 1988, the Institute for Community Inclusion has administered the National Survey of Day and Employment Programs for People with Developmental Disabilities to state Intellectual and Developmental Disability (IDD) Agencies. The work is funded by the Administration on Developmental Disabilities and is designed to describe the nature of day and employment services for individuals with intellectual and developmental disabilities.

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Fragmented Lives: Disability Discrimination And The Role Of "Environment-Framing", Ani B. Satz Jan 2011

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 …

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A New Normative Approach For The Grant Of Asylum In Cases Of Non-State Actor Persecution, Mikhail Izrailev Jan 2011

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.

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Fragmented Lives: Disability Discrimination And The Role Of "Environment-Framing", Ani B. Satz Jan 2011

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 …

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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 Jan 2011

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.

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Wrongful Termination Claims In The Supreme Court Of Canada: Coming Up Short, Dianne Pothier Jan 2011

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 …

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