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Articles 2161 - 2190 of 2419
Full-Text Articles in Disability Law
Tools For Inclusion: The Americans With Disabilities Act: General Overview, Karen Zimbrich
Tools For Inclusion: The Americans With Disabilities Act: General Overview, Karen Zimbrich
Tools for Inclusion Series, Institute for Community Inclusion
Brief overview of the concepts and scope of the Americans with Disabilities Act, plus resource lists.
Biting The Hand That Feeds Them-State Prisons And The Ada: Responding To Amos V. Maryland Department Of Public Safety & Correctional Services, Jennifer L. Lange
Biting The Hand That Feeds Them-State Prisons And The Ada: Responding To Amos V. Maryland Department Of Public Safety & Correctional Services, Jennifer L. Lange
BYU Law Review
No abstract provided.
Handling Claims For Minor And Disabled Plaintiffs: Coordinating All Aspects Of The Case, Oregon Law Institute, Elizabeth Welch, Robert P. Jones, Doug M. Fellows, Elden M. Rosenthal, Donna R. Meyer, Jack Meligan, Jane Paulson, Cynthia L. Barrett, Beth Gafur, Jude Mollgaard, Richard H. Mills, David Rollins
Handling Claims For Minor And Disabled Plaintiffs: Coordinating All Aspects Of The Case, Oregon Law Institute, Elizabeth Welch, Robert P. Jones, Doug M. Fellows, Elden M. Rosenthal, Donna R. Meyer, Jack Meligan, Jane Paulson, Cynthia L. Barrett, Beth Gafur, Jude Mollgaard, Richard H. Mills, David Rollins
Oregon Law Institute, 1998
Course Materials from the April 10, 1998 Program in Portland
Asymptomatic Hiv As A Disability Under The Americans With Disabilities Act, Elizabeth C. Chambers
Asymptomatic Hiv As A Disability Under The Americans With Disabilities Act, Elizabeth C. Chambers
Washington Law Review
The Americans with Disabilities Act (ADA) does not state whether it prohibits discrimination against individuals who are infected with HIV but asymptomatic. Some courts have held that the language of the ADA is unambiguous and does not cover asymptomatic HIV as a disability because the virus is not an "impairment" that substantially limits a "major life activity." Other courts have looked behind the statutory language and found that Congress intended to protect asymptomatic individuals with HIV because the virus impairs one's ability to procreate and/or engage in sexual relations. This Comment argues that asymptomatic individuals with HIV are indeed protected …
The Holy And The Handicapped: An Examination Of The Different Applications Of The Reasonable-Accommodation Clauses In Title Vii And The Ada, Alan D. Schuchman
The Holy And The Handicapped: An Examination Of The Different Applications Of The Reasonable-Accommodation Clauses In Title Vii And The Ada, Alan D. Schuchman
Indiana Law Journal
No abstract provided.
Research To Practice: Disability Organizations' Perspectives On The Needs Of Youth With Disabilities Who Are Runaway Or Homeless, David Temelini, Sheila Fesko
Research To Practice: Disability Organizations' Perspectives On The Needs Of Youth With Disabilities Who Are Runaway Or Homeless, David Temelini, Sheila Fesko
Research to Practice Series, Institute for Community Inclusion
Findings from a national survey of state-level disability organizations on issues regarding runaway or homeless youth who have disabilities.
The First Step Forward—The Aids Dismissal Case And The Protection Against Aids-Based Employment Discrimination In Japan, Marc Lim
Washington International Law Journal
The fight against AIDS in Japan, a journey that has encountered much resistance from a Japanese public and corporate sector ill-educated on the disease, may have taken a new turn. Before 1995, employees infected with HIV or suffering from AIDS had little recourse in fighting against the discrimination they faced in their private lives and in the Japanese corporate sector. With the AIDS Dismissal Case, the Japanese judiciary, in a show of judicial activism, found the dismissal of an HIV-infected worker based upon his HIV status illegal and an infringement upon the worker's human rights. In addition, the court found …
Is Hiv "Extraordinary"?, Jordan B. Hansell
Is Hiv "Extraordinary"?, Jordan B. Hansell
Michigan Law Review
The Sentencing Reform Act of 1984 (the "Act") attempts to reduce inconsistencies in the sentences of defendants convicted of comparable crimes. The Act created a Sentencing Commission (the "Commission") and authorized it to promulgate a set of sentencing guidelines to steer judicial decisionmaking. To fulfill this mandate, the Commission drafted the Federal Sentencing Guidelines (the "Guidelines"), which Congress enacted in 1987. Although Congress wanted to eliminate sentencing disparities, it also wanted to allow some degree of individualized sentencing. To achieve the correct balance, the Commission created three categories of characteristics: those a court must consider in sentencing each defendant; those …
Whose Federalism, S. Elizabeth Malloy
Whose Federalism, S. Elizabeth Malloy
Faculty Articles and Other Publications
This Article examines briefly the Seminole Tribe and City of Boerne decisions. Part II then focuses on the ADA and the reasons why Congress made it applicable to government conduct as well as private conduct. Finally, Part III examines the argument, based on the new federalism, that the ADA should not apply to state entities. It does not appear that the Court's new federalism has had a liberty-enhancing effect for some of the most vulnerable persons in our society. The Court's revitalized federalism jurisprudence has led to questions about the continuing validity of many of our civil rights statutes as …
Title Vii And Negative Job References: Employees Find Safe Harbor In Robinson V. Shell Oil Company, 31 J. Marshall L. Rev. 521 (1998), Matthew J. Cleveland
Title Vii And Negative Job References: Employees Find Safe Harbor In Robinson V. Shell Oil Company, 31 J. Marshall L. Rev. 521 (1998), Matthew J. Cleveland
UIC Law Review
No abstract provided.
Defining The Term Disability Under The Americans With Disabilities Act, William J. Mcdevitt
Defining The Term Disability Under The Americans With Disabilities Act, William J. Mcdevitt
St. Thomas Law Review
The key to securing the rights and protections afforded under the ADA is to fall within the statutory meaning of the term "disability." As defined, "disability" is a term of art, the meaning of which is substantially different and more complex than that found in other acts. Although the meaning of the ADA specifically refers to the Rehabilitation Act of 1973, and its accompanying regulations, it does so in terms of setting a floor for the imposition of the standards applicable under this Act. Furthermore, the ADA has its own unique legislative history and regulations. Therefore, the purpose of this …
Reevaluating Substantive Due Process As A Source Of Protection For Psychiatric Patients To Refuse Drugs, William M. Brooks
Reevaluating Substantive Due Process As A Source Of Protection For Psychiatric Patients To Refuse Drugs, William M. Brooks
Scholarly Works
No abstract provided.
Growth In Disability Benefits: Explanations And Policy Implications, Kalman Rupp Editor, David C. Stapleton Editor
Growth In Disability Benefits: Explanations And Policy Implications, Kalman Rupp Editor, David C. Stapleton Editor
Upjohn Press
This collection of original papers reveals why caseloads of the nation's two largest income entitlement programs for disability - Social Security Disability Income (SSDI) and Supplemental Security Income (SSI) - have soared.
Beyond The Americans With Disabilities Act: A National Employment Policy For People With Disabilities, Mark C. Weber
Beyond The Americans With Disabilities Act: A National Employment Policy For People With Disabilities, Mark C. Weber
Buffalo Law Review
No abstract provided.
Threshold Barriers To Title 1 And Title Iii Of The Americans With Disabilities Act: Discrimination Against Mental Illness In Long-Term Disability Benefits, Nancy Lee Firak
Journal of Law and Health
Any discussion of the ADA presents an organizational challenge not only because of the complex structure of the Act itself, but also because the ADA implicates other complex federal remedial schemes such as the Employee Retirement Income Security Act (ERISA) and the Rehabilitation Act. The social policy implications of the issues under discussion in this article are complex and at times even contradictory, as is perhaps unavoidable. Part II outlines a typical case in which the employer provided inferior long-term disability benefits to those with mental disabilities. The purpose of Part II is to provide the reader with a map …
When A Handicap May Be An Advantage: Mcpherson V. Michigan High School Athletic Association Evaluates The Relationship Of The Rehabilitation Act And The Ada To Athletic Association Maximum Semester Rules, John P. Encarnacion
Jeffrey S. Moorad Sports Law Journal (1994 - )
No abstract provided.
Civil Rights And Self-Concept: Life Stories Of Law, Disability, And Employment, David M. Engel, Frank W. Munger
Civil Rights And Self-Concept: Life Stories Of Law, Disability, And Employment, David M. Engel, Frank W. Munger
Journal Articles
No abstract provided.
Disability, Deference, And The Integrity Of The Academic Enterprise, Anne Proffitt Dupre
Disability, Deference, And The Integrity Of The Academic Enterprise, Anne Proffitt Dupre
Scholarly Works
Congress has established a complex set of laws regarding the education of disabled students. This Article discusses the obligations the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, and the Individuals with Disabilities Education Act impose on schools and focuses on how courts interpreting these statutes address the decisions of educators regarding how best to educate disabled students. Professor Dupre brings to light a striking contrast between how courts regard the decisions of educators in higher education as opposed to the decisions of educators in primary and secondary schools, routinely according the former considerable deference while often …
Civil Rights And Self-Concept: Life Stories Of Law, Disability And Employment, Frank W. Munger, David M. Engel
Civil Rights And Self-Concept: Life Stories Of Law, Disability And Employment, Frank W. Munger, David M. Engel
Articles & Chapters
No abstract provided.
The Supreme Court, 1997 Term -- Leading Cases -- Federal Statutes And Regulations -- Americans With Disabilities Act -- Asymptomatic Hiv, Peter Nicolas
Articles
No abstract provided.
Evaluating Purely Reproductive Disorders Under The Americans With Disabilities Act, Todd Lebowitz
Evaluating Purely Reproductive Disorders Under The Americans With Disabilities Act, Todd Lebowitz
Michigan Law Review
Approximately 2.8 million American couples suffer from infertility, a condition generally defined by the medical community as the failure to conceive after one year of unprotected intercourse. During the past thirty years, diagnostic and therapeutic techniques for treating infertility have improved drastically, enabling many previously infertile couples to bear children. These techniques, however, involve considerable expense and inconvenience, frequently requiring patients to take time off from work. Disputes with employers may follow, sometimes resulting in the infertile employee's termination. Some terminated employees, claiming that infertility constitutes a disability, then sue their former employers under the Americans with Disabilities Act of …
Guardianships And Conservatorships, Oregon Law Institute, S. Jane Patterson, Mark M. Williams, Maggie Biondi, Carol J. Kyle, Jennifer L. Wright, Elizabeth Welch
Guardianships And Conservatorships, Oregon Law Institute, S. Jane Patterson, Mark M. Williams, Maggie Biondi, Carol J. Kyle, Jennifer L. Wright, Elizabeth Welch
Oregon Law Institute, 1997
Course Materials from the October 10, 1997 Program in Portland
A Funny Thing Happened On The Way To The (Alternative) Forum: Reexamjnjng Alexander V. Gardner-Denver In The Wake Of Gilmer V. Interstate/Johnson Lane Corp., Sarah Rudoph Cole
A Funny Thing Happened On The Way To The (Alternative) Forum: Reexamjnjng Alexander V. Gardner-Denver In The Wake Of Gilmer V. Interstate/Johnson Lane Corp., Sarah Rudoph Cole
BYU Law Review
No abstract provided.
The Abled, Disabled, And Enabled: Is Seeing The Difference A Learning Disability Or Merely A Crime?, Ibpp Editor
The Abled, Disabled, And Enabled: Is Seeing The Difference A Learning Disability Or Merely A Crime?, Ibpp Editor
International Bulletin of Political Psychology
This article identifies many of the Issues underlying the controversy over providing special accommodations for people who state that they have learning disabilities.
Abusing Deaf Immigrants And Hearing No Evil, Ibpp Editor
Abusing Deaf Immigrants And Hearing No Evil, Ibpp Editor
International Bulletin of Political Psychology
The author discusses the on-going abuse of deaf immigrants.
Disability And The Public Schools: The Case Against "Inclusion", Anne Proffitt Dupre
Disability And The Public Schools: The Case Against "Inclusion", Anne Proffitt Dupre
Washington Law Review
The Individuals with Disabilities Education Act (IDEA) requires states that wish to qualify for federal assistance to demonstrate that they have a policy ensuring all children with disabilities the right to a "free appropriate public education." IDEA also requires that disabled children be educated with nondisabled children "to the maximum extent appropriate." This Article focuses on the tension between IDEA's mandates for appropriate education and integration to the maximum extent appropriate. Advocates of full inclusion claim that, under IDEA, all disabled children-regardless of characteristics-must be placed in the general education classroom for the entire day. Many courts have tacitly accepted …
Pacourek V. Inland Steel Company: Enforcing Equal Protection Rights By Designating Infertility As A Disability Under The American's With Disabilities Act, Kristina M. Hall
Pacourek V. Inland Steel Company: Enforcing Equal Protection Rights By Designating Infertility As A Disability Under The American's With Disabilities Act, Kristina M. Hall
Brigham Young University Journal of Public Law
No abstract provided.
When Physicians Balk At Futile Care: Implications Of The Disability Rights Laws, Philip G. Peters Jr.
When Physicians Balk At Futile Care: Implications Of The Disability Rights Laws, Philip G. Peters Jr.
Faculty Publications
Part I of this article reviews the factual background of the futility debate. Part II introduces the antidiscrimination laws. Thereafter, Parts III, IV, and V examine the three components of the proposal suggested above.
Accomodating Vulnerabilities To Environmental Tobacco Smoke: A Prism For Understanding The Ada, Wendy E. Parmet, Mark A. Gottlieb, Richard A. Daynard
Accomodating Vulnerabilities To Environmental Tobacco Smoke: A Prism For Understanding The Ada, Wendy E. Parmet, Mark A. Gottlieb, Richard A. Daynard
Journal of Law and Health
This Article explores the use of the ADA to challenge smoking policies and the fears and questions that such a use raises. We argue that a careful appreciation of the ADA's application to ETS-related claims should temper the worries of both those who see such claims as trivializing the ADA and those who worry that such claims may impose enormous burdens on American businesses. Rather, we suggest that the ADA in this instance, as in others, provides a limited but critical vehicle for ensuring that individuals with disabilities may fully participate in public life. We suggest further that the issues …
Reasonable Accommodations And Awkward Compromises: Issues Concerning Learning Disabled Students And Professional Schools In The Law School Context, Lisa A. Eichhorn
Reasonable Accommodations And Awkward Compromises: Issues Concerning Learning Disabled Students And Professional Schools In The Law School Context, Lisa A. Eichhorn
Faculty Publications
Under the Americans with Disabilities Act of 1990 and Section 504 of the Rehabilitation Act of 1973, colleges and universities are prohibited from discriminating against qualified students with learning disabilities and must reasonably accommodate such disabilities so that students have a genuine opportunity to complete academic programs successfully. Not surprisingly, just like their non-disabled peers, a number of learning disabled college graduates are choosing to enter professions such as law and medicine. Their entry into professional schools has raised a number of legal issues concerning their qualification to matriculate, their need for accommodations, and their eventual ability to practice successfully. …