Disability Law Commons^™

The Employment Law Decisions Of The October 2000 Term Of The Supreme Court: A Review And Analysis, Ann C. Hodges, Douglas D. Scherer

Scholarly Works

During the October 2000 Term, the Supreme Court delivered major setbacks for employees in Circuit City Stores, Inc. v. Adams,' which upheld mandatory and binding arbitration of federal and state employment discrimination claims through arbitration clauses forced upon employees as a condition of employment, and in Board of Trustees of the University of Alabama v. Garrett, which shielded state employers from federal court law suits brought under the Americans with Disabilities Act by victims of disability discrimination in employment. Employees escaped harm in Pollard v. E.I du Pont de Nemours & Co., in which the Court followed nearly unanimous circuit …

Character Of The Questions And The Fitness Of The Process: Mental Health, Bar Admissions And The Americans With Disbilities Act, Jon Bauer

Faculty Articles and Papers

During the decade since the Americans With Disabilities Act went into effect, mental health inquiries by bar examining committees have engendered intense controversy. Courts have reached no clear consensus as to what, if any, questions about mental illness or substance abuse may be posed by licensing agencies. The trend has been towards a form of relaxed scrutiny that authorizes inquiries as long as they are focused on serious conditions that may interfere with practice, and are reasonably tailored in scope and time. This article examines the implications of allowing disability inquiries in the lawyer licensing process. The Article begins with …

Standing In Front Of The Disabled: Judicial Uncertainty Over Enhanced Sightlines In Sports Arenas, James Kurack

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Re-Interpreting The Effect Of Rights: Career Narratives And The Americans With Disabilities Act, David Engel, Frank W. Munger

Articles & Chapters

This article examines how the employment rights guaranteed by the Americans

with Disabilities Act (ADA) affect the careers of individuals with disabilities. The

article draws on in-depth interviews with sixty adults who provided extended life

story narratives, describing early family and educational experiences and later

experiences with employment. Their detailed accounts offer insights into the

sometimes subtle role rights play in peoples lives and careers. Relatively few

rights violations actually lead to explicit or formal invocations of the law. The

effect of the ADA on careers can be profound but is primarily indirect or

symbolic. Moreover, other factors affect the …

Re-Interpreting The Effect Of Rights: Career Narratives And The Americans With Disabilities Act, David M. Engel, Frank W. Munger

Journal Articles

No abstract provided.

Forward To Fundamental Alteration: Addressing Ada Title Ii Integration Lawsuits After Olmstead V. L. C, Steve Calandrillo, Jefferson D.E. Smith

Articles

In 1999, the Supreme Court reviewed the case of Olmstead v. L.C. by Zimring, which has been called the Brown v. Board of Education for the law of disability discrimination. The Court ultimately agreed with the Department of Justice ("DOJ") and held that the Americans with Disabilities Act ("ADA"), along with its supplementary Integration Regulation, requires a State that offers treatment to persons with disabilities to provide such treatment in a community setting where such a placement would not be an unreasonable change or a fundamental alteration in the State's program. Advocates of community care have long argued that such …

The Durable Power Of Attorney's Place In The Family Of Fiduciary Relationships, Karen E. Boxx

Articles

The durable power of attorney is a deceptively simple document that allows one person to handle the affairs of an incapacitated person without court supervision. It is merely an agency relationship, established by a written document, that continues during the principal's incapacity. The durable power of attorney has been in widespread use only for about twenty-five years. It is very easy to draft, and its use escapes most court proceedings or even much need for legal assistance.

The durable power of attorney has therefore kept a low profile until now, and any attention it is now receiving focuses primarily on …

Research To Practice: Work Status Trends For People With Mental Retardation, Fy 1985 To Fy 1998, Dana Scott Gilmore, John Butterworth

Research to Practice Series, Institute for Community Inclusion

National trends regarding extended employment (sheltered workshops) and competitive employment outcomes from state Vocational Rehabilitation systems between 1985 and 1998.

Institute Brief: Wia And One-Stop Centers: Opportunities And Issues For The Disability Community, David Hoff

The Institute Brief Series, Institute for Community Inclusion

This brief gives a basic overview of the act and examines its impact on the lives of people with disabilities as well as the systems and organizations that assist them.

Reducing The Overburden: The Doris Coal Presumption And Administrative Efficiency Under The Black Lung Benefits Act, Eric R. Olson

Michigan Law Review

Coal dust build-up prevents many coal miners' lungs from functioning properly. This condition, commonly referred to as black lung or pneumoconiosis, can make common activities nearly impossible. The Black Lung Benefits Act covers the cost of medical treatment for many affected miners, though procedural impediments often prevent miners from receiving care. The miner's current or former employer, when identifiable, must pay for medical care relating to the miner's black lung. Most disputes over miners' claims for medical care arise when the miner has a history of cigarette smoking and the need for medical care could arise from either coal dust …

Deference And Disability Discrimination, Rebecca Hanner White

Michigan Law Review

For thirty-five years, the civil rights community has paid scant attention to administrative law principles. Those interested in advancing on-the-job equality for this country's working men and women (or in preserving employer autonomy vis-a-vis federal encroachment) have all but ignored what many consider the arcane technicalities of administrative law. This state of affairs is strange when one considers that administration and enforcement of each of our major federal laws outlawing employment discrimination have been confided to an administrative agency, the Equal Employment Opportunity Commission ("EEOC"). The EEOC, however, has historically been given short shrift by litigants and by the judiciary. …

Research To Practice: Time Limits, Exemption, And Disclosure: Tanf Caseworkers And Clients With Disabilities, Jaimie Ciulla Timmons, Danielle Dreilinger

Research to Practice Series, Institute for Community Inclusion

Findings show that welfare caseworkers experience unique challenges when supporting welfare recipients with disabilities, including time limit pressures and conflict over exemptions. The brief includes a resource list for caseworkers.

Let's Be Reasonable Here: Why The Ada Will Not Ruin Professional Sports, Michael Waterstone

BYU Law Review

No abstract provided.

The Americans With Disabilities Act And Academic Libraries In The Southeastern United States, Linda Lou Wiler, Eleanor Lomax

E-JASL: Electronic Journal of Academic and Special Librarianship (1999-2009, Volumes 1-10)

Individuals with disabilities are one of the fastest-growing segments of United States society. In 1970, 11.7% of the United States population was limited in activity, a major factor in measuring and identifying people with disabilities. In 1990, because of the aging of America, 13.7 % of the population could be so identified. By 1994, 15% of the population fell into this group. During this latter period, the older population stayed fairly stable but children and younger adults with disabilities increased greatly. Many different figures, depending upon the method of counting, e.g., age groups included, or whether residence was in a …

Disability Benefits And The Ada After Cleveland V. Policy Management Systems, Jessica Barth

Indiana Law Journal

No abstract provided.

Reassignment Under The Americans With Disabilities Act: Reasonable Accommodation, Affirmative Action, Or Both?, Stephen F. Befort, Tracey Holmes Donesky

Washington and Lee Law Review

No abstract provided.

An End To Insanity: Recasting The Role Of Mental Disability In Criminal Cases, Christopher Slobogin

Vanderbilt Law School Faculty Publications

This article argues that mental illness should no longer be the basis for a special defense of insanity. Instead, mental disorder should be considered in criminal cases only if relevant to other excuse doctrines, such as lack of mens rea, self-defense and duress, as those defenses have been defined under modern subjectively-oriented codes. With the advent of these subjectively defined doctrines (a development which, ironically, took place during the same period that insanity formulations expanded), the insanity defense has outlived its usefulness, normatively and practically. Modern official formulations of the defense are overbroad because, fairly construed, they exculpate the vast …

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

Faculty Publications

No abstract provided.

Transfer Of Rights Under The Individuals With Disabilities Act: Adulthood With Ability Or Disability?, Deborah Rebore, Perry Zirkel

Brigham Young University Education and Law Journal

No abstract provided.

Sutton V. United Air Lines, Inc.: The Role Of Mitigating Measures In Determining Disabilities, Julia J. Hall

Mercer Law Review

In Sutton v. United Air Lines, Inc., the United States Supreme Court held that the determination of "disability" under the Americans with Disabilities Act of 1990 ("ADA") requires a consideration of any mitigating or corrective measures. The Court further held that an individual is "regarded as" disabled under the ADA if a covered entity mistakenly believes that the individual's actual, yet nonlimiting, impairment substantially limits a major life activity. This Casenote focuses only on the issue of whether the determination of disability under the ADA should be made with reference to any mitigating measures for the impairment.

Policy Brief: Provisions In The Workforce Investment Act Relating To Nondiscrimination On The Basis Of Disability And The Development By The Governor Of A Written Methods Of Administration, Robert Silverstein

Policy Briefs Series, Institute for Community Inclusion

An outline of key provisions in the interim final regulations describing the nondiscrimination and equal opportunity responsibilities of the governor, WIA fund recipients, and programs and activities that are part of the One-Stop system.

Tools For Inclusion: People With Disabilities: Having A Voice In The Creation Of The New Workforce Investment System, David Hoff

Tools for Inclusion Series, Institute for Community Inclusion

This publication informs people with disabilities and advocates about the opportunities available for input into WIA implementation at the state and local level.

Policy Brief: Improvements To The Ssdi And Ssi Work Incentives And Expanded Availability Of Health Care Services To Workers With Disabilities Under The Ticket To Work And Work Incentives Improvement Act Of 1999, Robert Silverstein

Policy Briefs Series, Institute for Community Inclusion

This brief gives background information on federal income maintenance and health care programs, and describes the major provisions of the Ticket to Work and Work Incentives Improvement Act.

Tools For Inclusion: One-Stop Centers: A Guide For Job Seekers With Disabilities, Sheila Fesko, David Hoff, Melanie Jordan

Tools for Inclusion Series, Institute for Community Inclusion

General information about the One-Stop system and answers to specific questions individuals with disabilities may have about One-Stop services.

Policy Brief: The Ticket To Work And Self-Sufficiency Program And Established Under The Ticket To Work And Work Incentives Improvement Act Of 1999, Robert Silverstein

Policy Briefs Series, Institute for Community Inclusion

A description of the major provisions in Title I of the Act, which created the Ticket to Work and Self-Sufficiency Program.

Aging, Rights, And Quality Of Life: Prospects For Older People With Developmental Disabilities, Mark C. Weber

Loyola University Chicago Law Journal

No abstract provided.

The Definition Of Disability: Perspective Of The Disability Community, Deborah Kaplan

Journal of Health Care Law and Policy

No abstract provided.

Bragdon V. Abbott: Extending The Americans With Disabilities Act To Asymptomatic Individuals, Eugenia Liu

Journal of Health Care Law and Policy

No abstract provided.

Bragdon V. Abbott, Asymptomatic Genetic Conditions, And Antidiscrimination Law: A Conservative Perspective , Roger Clegg

Journal of Health Care Law and Policy

No abstract provided.

Is There A Pink Slip In My Genes? Genetic Discrimination In The Workplace, Paul Steven Miller, Lawrence O. Gostin

Journal of Health Care Law and Policy

No abstract provided.