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Articles 2131 - 2160 of 2419
Full-Text Articles in Disability Law
Eradicating Discrimination Among Individuals With Disabilities: Parity In Employer-Provided, Long-Term Disability Benefit Plans, Andrea K. Short
Eradicating Discrimination Among Individuals With Disabilities: Parity In Employer-Provided, Long-Term Disability Benefit Plans, Andrea K. Short
Washington and Lee Law Review
No abstract provided.
The Des Analysis/Evaluation Plan: Task 4, Report 8, H. Allan Hunt, Kelly Derango, Richard V. Burkhauser, J. S. Butler, Westat, Inc., W.E. Upjohn Institute For Employment Research
The Des Analysis/Evaluation Plan: Task 4, Report 8, H. Allan Hunt, Kelly Derango, Richard V. Burkhauser, J. S. Butler, Westat, Inc., W.E. Upjohn Institute For Employment Research
Reports
No abstract provided.
Policy Brief: Provisions In The Workforce Investment Act Describing The Interplay Between Workforce Investment Systems And Vocational Rehabilitation Programs, Robert Silverstein
Policy Brief: Provisions In The Workforce Investment Act Describing The Interplay Between Workforce Investment Systems And Vocational Rehabilitation Programs, Robert Silverstein
Policy Briefs Series, Institute for Community Inclusion
This brief identifies the sections in Title I of the Workforce Investment Act that specifically reference the state VR program, individuals with disabilities, and organizations representing individuals with disabilities.
Which Queue?, Robert J. Sternberg, Elena L. Grigorenko
Which Queue?, Robert J. Sternberg, Elena L. Grigorenko
Michigan Law Review
It is annoying when one is in a long line - at a ticket counter, at a supermarket, at a bank - and someone "jumps the queue," taking a position in line ahead of other people who lined up first. The title of Mark Kelman and Gillian Lester's book, Jumping the Queue, gives the reader advance warning of the authors' position on people who edge ahead in line. But the topic of their book is not ticket, supermarket, or bank lines, but rather the line to enjoy the benefits of society. And the focus of the analysis of queue-jumpers is …
Former Employees' Right To Relief Under The Americans With Disabilities Act, Donna L. Mack
Former Employees' Right To Relief Under The Americans With Disabilities Act, Donna L. Mack
Washington Law Review
The Americans with Disabilities Act (ADA) does not state whether a former employee may sue a former employer regarding post-employment fringe benefits. Some courts have held that former employees who are retired or have total disabilities have no right to relief under the statute because they do not meet the ADA's requirement that a claimant be a "qualified individual with a disability." Other courts have concluded that former employees receiving post-employment benefits do have a right to relief under the statute. These courts reasoned that an internal ambiguity in the statute requires courts to look to the legislative history and …
Arbitration, Labor Contracts, And The Ada: The Benefits Of Pre-Dispute Arbitration Agreements And An Update On The Conflict Between The Duty To Accommodate And Seniority Rights, Jan William Sturner
Arbitration, Labor Contracts, And The Ada: The Benefits Of Pre-Dispute Arbitration Agreements And An Update On The Conflict Between The Duty To Accommodate And Seniority Rights, Jan William Sturner
University of Arkansas at Little Rock Law Review
No abstract provided.
Technology As A Panacea: Why Pregnancy-Related Problems Should Be Defined Without Regard To Mitigating Measures Under The Ada, Jessica L. Wilson
Technology As A Panacea: Why Pregnancy-Related Problems Should Be Defined Without Regard To Mitigating Measures Under The Ada, Jessica L. Wilson
Vanderbilt Law Review
In Gabriel v. City of Chicago, the Northern District of Illinois held that, while pregnancy is not a per se disability under the Americans with Disabilities Act ("ADA"),' pregnancy-related problems can be considered disabilities under the ADA. The holding in Gabriel, however, was not unique, as many other district courts have reached the same conclusion regarding pregnancy-related problems. The real question in cases such as Gabriel is whether the pregnancy-related problem at issue constitutes a disability under the ADA. This question requires an analysis of whether the pregnancy-related problem is a physical impairment that substantially limits a major life activity …
Current Issues Regarding The Americans With Disabilities Act, John-Paul Motley
Current Issues Regarding The Americans With Disabilities Act, John-Paul Motley
Vanderbilt Law Review
President George Bush, noting that "statistics consistently demonstrate that disabled people are the poorest, least educated, and largest minority in America," signed the Americans with Disabilities Act ("ADA") into law in 1990. The ADA prohibits private employers from discriminating against a "qualified individual with a disability" in employment decisions. The Act defines a disability in one of three ways: (1) a physical or mental impairment that substantially limits one or more major life activities; (2) a record of such an impairment; or (3) being regarded by others as having such an impairment. The ADA also prohibits employers from inquiring into …
Determining Reasonable Accommodations Under The Ada: Why Courts Should Require Employers To Participate In An "Interactive Process", Alysa M. Barancik
Determining Reasonable Accommodations Under The Ada: Why Courts Should Require Employers To Participate In An "Interactive Process", Alysa M. Barancik
Loyola University Chicago Law Journal
No abstract provided.
Disabilities In Notary Law And Practice, 32 J. Marshall L. Rev. 1033 (1999), R. Jason Richards
Disabilities In Notary Law And Practice, 32 J. Marshall L. Rev. 1033 (1999), R. Jason Richards
UIC Law Review
No abstract provided.
The Rights Of Bar Examination Applicants With Disabilities In The United States, Edwin R. Hazen, Robert D. Dinerstein
The Rights Of Bar Examination Applicants With Disabilities In The United States, Edwin R. Hazen, Robert D. Dinerstein
Human Rights Brief
No abstract provided.
Applying The Ada To Mitigating Measures Cases: A Choice Of Statutory Evils, Lisa A. Eichhorn
Applying The Ada To Mitigating Measures Cases: A Choice Of Statutory Evils, Lisa A. Eichhorn
Faculty Publications
This Article critiques the idea that the ADA should exclude from its coverage people who use mitigating measures, such as medications and medical devices, to alleviate the effects of their mental and physical impairments. After describing the statute as an expansive but flawed tool for combating disability-based discrimination, the Article analyzes a 1999 trilogy of Supreme Court cases holding that in determining whether a person has a disability for purposes of ADA coverage, courts should take account of the ameliorative effects of so-called mitigating measures on the person’s impairments. Through this holding, the Court inappropriately constricted the scope of the …
Major Litigation Activities Regarding Major Life Activities: The Failure Of The Disability Definition In The Americans With Disabilities Act Of 1990, Lisa A. Eichhorn
Major Litigation Activities Regarding Major Life Activities: The Failure Of The Disability Definition In The Americans With Disabilities Act Of 1990, Lisa A. Eichhorn
Faculty Publications
The passage of the Americans with Disabilities Act ("ADA") in 1990 has been praised as the major accomplishment of the disability rights movement. This statute, however, is not without its flaws. Perhaps the most problematic one is the way in which “disability” is defined. Lisa Eichhorn argues that the definition undercuts the effectiveness of the ADA. She begins with a historical look at society’s concepts of disability and discusses how these concepts were incorporated into the Rehabilitation Act of 1973 and the ADA. She then examines cases that have been dismissed because plaintiffs cannot prove disabled status, which illustrate the …
Ada Mediation After Sutton, Murphy And Albertson, James Levin
Ada Mediation After Sutton, Murphy And Albertson, James Levin
Faculty Publications
Judith Cohen's summary of the Interim ADA Mediation Standards in the last issue of The Journal of Alternative Dispute Resolution in Employment acknowledges the "skyrocketing" number of cases mediated under the Americans With Disabilities Act (ADA). The United States Supreme Court's recent opinions in Sutton v. United Airlines, Inc., Murphy v. United Parcel Service, Inc., and Albertson, Inc. v. Kirkingberg surprised many in the disability community by explicitly excluding an individual from ADA coverage if she mitigates her mental or physical impairment and the impairment as mitigated no longer substantially limits a major life activity. Will the Supreme Court's narrowing …
Institute Brief: Recreation In The Community, Maria Paiewonsky, Susan Tufts
Institute Brief: Recreation In The Community, Maria Paiewonsky, Susan Tufts
The Institute Brief Series, Institute for Community Inclusion
Recommendations from community recreation providers on how to include youth with disabilities in recreation programs.
Research To Practice: The Successes And Struggles Of Closing A Facility-Based Employment Service, John Butterworth, Sheila Fesko
Research To Practice: The Successes And Struggles Of Closing A Facility-Based Employment Service, John Butterworth, Sheila Fesko
Research to Practice Series, Institute for Community Inclusion
A brief overview of findings from the Conversion to Integrated Employment monographs.
Institute Brief: Quality Employment Services: Will You Know It When You See It?, David Hoff
Institute Brief: Quality Employment Services: Will You Know It When You See It?, David Hoff
The Institute Brief Series, Institute for Community Inclusion
Guidelines and steps for people with disabilities to evaluate agencies in order to receive services that best meet their individual needs.
Constitutional Protection For Conversations Between Therapists And Clients, Paul E. Salamanca
Constitutional Protection For Conversations Between Therapists And Clients, Paul E. Salamanca
Law Faculty Scholarly Articles
People have long perceived a connection between mental and even physical illness and physical anguish. Yet, modern culture tends to view both types of illness from an increasingly medical perspective, seeking a genetic or environmental explanation. In most cases, this “medical model” is probably the best approach, even if it is imperfect. First, the purely medical explanation may be accurate. Second, even if it is not accurate, treating the symptoms of a disease with a spiritual source is probably easier than treating the source itself. Ultimately, however, we must take note that disease is often not the result of genetics …
The Impact Of Title Iii Of The Americans With Disabilities Act On Employer-Provided Insurance Plans: Is The Insurance Company Subject To Liability?, Jill L. Schultz
The Impact Of Title Iii Of The Americans With Disabilities Act On Employer-Provided Insurance Plans: Is The Insurance Company Subject To Liability?, Jill L. Schultz
Washington and Lee Law Review
No abstract provided.
Mr. Peanut Goes To Court: Accomodating An Individuals Peanut Allergy In Schools And Day Care Centers Under The Americans Wtih Disabilities Act, Marie Plicka
Journal of Law and Health
This article explores the ADA and the interpretive case law, as it pertains to schools and day care centers, in hopes of better understanding the purpose of the statute as well as to predict its future. Part II of this article provides a brie explanation of peanut allergies. Part III contains an overview of Title II and Title III of the ADA and their interpretive regulations. Part IV analyzes whether an individual asserting a Title II claim under the ADA, where the relief sought is also available under the Individual with Disabilities Education Act before asserting his or her ADA …
The Americans With Disabilities Act And Its Application To High School, Collegiate And Professional Athletics, Jonathan R. Cook
The Americans With Disabilities Act And Its Application To High School, Collegiate And Professional Athletics, Jonathan R. Cook
Jeffrey S. Moorad Sports Law Journal (1994 - )
No abstract provided.
"Half-Wracked Prejudice Leaped Forth:" Sanism, Pretextuality, And Why And How Mental Disability Law Developed As It Did, Michael L. Perlin
"Half-Wracked Prejudice Leaped Forth:" Sanism, Pretextuality, And Why And How Mental Disability Law Developed As It Did, Michael L. Perlin
Articles & Chapters
Mental disability law jurisprudence is often incoherent Much of its incoherence can be explained by two concepts that dominate this area of the law: sanism (the irrational prejudices that cause, and are reflected in, prevailing social attitudes toward mentally disabled persons, and those so perceived) and pretextuality (the courts' acceptance -- either implicit or explicit -- of testimonial dishonesty and their decisions to engage in dishonest decisionmaking in mental disability law cases). Mental disability law is frequently premised on stereotypes and on prejudice, on typification and fear. These distortions reflect sanism; cases that sanction the use of such stereotypes and …
Half-Wracked Prejudice Leaped Forth: Sanism, Pretextuality, And Why And How Mental Disability Law Developed As It Did, Michael L. Perlin
Half-Wracked Prejudice Leaped Forth: Sanism, Pretextuality, And Why And How Mental Disability Law Developed As It Did, Michael L. Perlin
Articles & Chapters
Mental disability law jurisprudence is often incoherent Much of its incoherence can be explained by two concepts that dominate this area of the law: sanism (the irrational prejudices that cause, and are reflected in, prevailing social attitudes toward mentally disabled persons, and those so perceived) and pretextuality (the courts' acceptance -- either implicit or explicit -- of testimonial dishonesty and their decisions to engage in dishonest decisionmaking in mental disability law cases). Mental disability law is frequently premised on stereotypes and on prejudice, on typification and fear. These distortions reflect sanism; cases that sanction the use of such stereotypes and …
Research To Practice: Barriers To Transition Planning For Parents Of Adolescents With Special Health Care Needs, Jaimie Ciulla Timmons, James P. Mcintyre Jr., Jean Whitney-Thomas, John Butterworth, Deborah Allen
Research To Practice: Barriers To Transition Planning For Parents Of Adolescents With Special Health Care Needs, Jaimie Ciulla Timmons, James P. Mcintyre Jr., Jean Whitney-Thomas, John Butterworth, Deborah Allen
Research to Practice Series, Institute for Community Inclusion
An examination of the transition planning experiences and concerns of family members of young adults with special health care needs.
The Form And Substance Of Ethics: Prenatal Diagnosis In The Baird Report, Rachel Ariss
The Form And Substance Of Ethics: Prenatal Diagnosis In The Baird Report, Rachel Ariss
Dalhousie Law Journal
This article analyses the employment of textual tactics in the Final Report of the Royal Commission on New Reproductive Technologies. The author argues that the Commission uses these tactics to persuade several different audiences that its stance is correct, and simultaneously to manage dissent over new reproductive technologies. Analysis of textual tactics opens the ethical position of the Commission to substantive questioning. The authorfocuses on the Commission's discussion of prenatal diagnosis for genetic anomalies and concludes that the Commission fails to engage with ethical arguments put forward by persons with disabilities and their advocates. The conclusion also encourages the development …
Research To Practice: Employing People With Disabilities: Small Business Concerns And Recommendations, Oce Harrison
Research To Practice: Employing People With Disabilities: Small Business Concerns And Recommendations, Oce Harrison
Research to Practice Series, Institute for Community Inclusion
Survey results from Massachusetts small businesses regarding hiring and employing people with disabilities.
Controlled Impairments Under The Americans With Disabilities Act: A Search For The Meaning Of "Disability", Erica Worth Harris
Controlled Impairments Under The Americans With Disabilities Act: A Search For The Meaning Of "Disability", Erica Worth Harris
Washington Law Review
The Americans with Disabilities Act (ADA) protects individuals with disabilities from discrimination. Since its passage in 1991, the number of individuals seeking protection under the Act has steadily increased and the types of impairments claimed to qualify as disabilities have dramatically expanded. Many disability claims test the boundaries of the Act and reveal a muddied conception of what constitutes a disability for purposes of the ADA. This Article investigates the meaning of the term disability to define more clearly who should benefit under the Act. By focusing on controlled impairments, a group of disability claims that has produced a split …
Tools For Inclusion: Americans With Disabilities Act (Ada) Title 1: Employment, Joe Marrone
Tools For Inclusion: Americans With Disabilities Act (Ada) Title 1: Employment, Joe Marrone
Tools for Inclusion Series, Institute for Community Inclusion
Brief overview of the concepts and scope of the Americans with Disabilities Act, plus resource lists.
What Constitutes A "Disability" Under The Americans With Disabilities Act: Should Courts Consider Mitigating Measures?, Maureen R. Walsh
What Constitutes A "Disability" Under The Americans With Disabilities Act: Should Courts Consider Mitigating Measures?, Maureen R. Walsh
Washington and Lee Law Review
No abstract provided.
Research To Practice: Grant Development And Decision-Making: Comparison Of Funding Agencies And Community-Based Minority Organizations, Institute For Community Inclusion, University Of Massachusetts Boston
Research To Practice: Grant Development And Decision-Making: Comparison Of Funding Agencies And Community-Based Minority Organizations, Institute For Community Inclusion, University Of Massachusetts Boston
Research to Practice Series, Institute for Community Inclusion
This report compares the perspectives of government funding agencies and community-based minority organizations on grant development and decision-making, and gives recommendations on how these groups can work together effectively to fund disability programs.