Disability Law Commons^™

Seniority Systems And The Americans With Disabilities Act: The Fate Of Reasonable Accommodation After Eckles, William J. Mcdevitt

St. Thomas Law Review

Frequently, in addition to intended effects, new legislation has an unintended impact on existing statutory or judge-made law. Most of the consequences of new laws are anticipated by the legislators, but invariably, some of the effects are unforeseeable. Occasionally, legislators deliberately leave ambiguities and conflicts to the courts for resolution. This is precisely the scenario that was expected by those who have followed the Americans with Disabilities Act (ADA or "the Act") over the past several years. Specifically, there has been a continuing controversy as to the extent of an employer's obligation to accommodate a disabled employee who works under …

Open Debate Over Closed Doors: The Effect Of The New Developmental Disabilities Regulations On Protection And Advocacy Programs, Melissa Bowman

Kentucky Law Journal

No abstract provided.

"Substantially Limited" Protection From Disability Discrimination: The Special Treatment Model And Misconstructions Of The Definition Of Disability, Robert Burgdorf

Journal Articles

DISABILITY' nondiscrimination laws, such as the Americans with Disabilities Act of 1990 (ADA),2 and the disability rights movement which spawned them have, at their core, a central premise that is both simple and profound. That premise is that people denominated as "disabled" are just people, not different in any critical way from other people. Paradoxically, commentators, enforcement agencies and the courts, with manifest good intentions, have frequently interpreted and applied these laws in ways that reinforce a diametrically opposite premise-that people with disabilities are significantly different, special and need exceptional status and protection, One is reminded of Justice Brandeis's admonition …

Disability Law - Susquenita School District V. Raelee S., Pendent Placement And Financial Responsibility Under The Individuals With Disabilities Education Act: The Third Circuit's Extension Of Burlington, Christine Moyles Kovan

Villanova Law Review (1956 - )

No abstract provided.

The Incredible Shrinking Protected Class: Redefining The Scope Of Disability Under The Americans With Disabilities Act, Steven S. Locke

University of Colorado Law Review

No abstract provided.

Better Off Dead Than Disabled?: Should Courts Recognize A "Wrongful Living" Cause Of Action When Doctors Fail To Honor Patients' Advance Directives?, Adam A. Milani

Washington and Lee Law Review

No abstract provided.

Make Promises By The Hour: Sex, Drugs, The Ada, And Psychiatric Hospitalization, Michael L. Perlin

Articles & Chapters

No abstract provided.

Protecting Those Who Cannot Protect Themselves: Ethically Representing The Impaired Client, Oregon Law Institute, Stephen R. Moore, Jeffrey D. Shapiro, Steven Charles Smith, Susan M. Svetkey, Laurah Sebastian, Peter R. Jarvis

Oregon Law Institute, 1996

Course Materials from the December 6, 1996 Program in Portland

The Individuals With Disabilities Education Act, Sharon C. Streett

University of Arkansas at Little Rock Law Review

No abstract provided.

The Lay View Of What "Disability" Means Must Give Way To What Congress Says It Means: Infertility As A "Disability" Under The Americans With Disabilities Act, Deborah K. Dallmann

William & Mary Law Review

No abstract provided.

Brief For The United States As Amicus Curiae, Department Of Justice

Other Cases

No abstract provided.

Research To Practice: Multiple Perspectives On Implementing The Rehabilitation Act Amendments Of 1992, Jean Whitney-Thomas

Research to Practice Series, Institute for Community Inclusion

This summary of a qualitative study reports the results of focus groups with administrators and counselors in Massachusetts's vocational rehabilitation agency. The findings highlight differences in perspectives on how the 1992 Rehabilitation Act Amendments have been implemented.

The Impact Of The Americans With Disabilities Act On Legal Education And Academic Modifications For Disabled Law Students: An Empirical Study, Donald H. Stone

All Faculty Scholarship

Law schools face the challenge of providing disabled students with reasonable accommodations in their academic setting in a fair and equitable manner. Disabled law students continue to demand academic modifications in course examinations by claiming to be persons with mental or physical disabilities. Law schools are also beginning to see requests for extension of time for degree completion, priority in course registration, and authorization to tape record classes, all by virtue of an entitlement under the mandates of the Americans with Disabilities Act (ADA).

Persons with a wide range of disabilities are seeking academic modifications from their law schools. What …

Fair Housing Modifications And Accommodations In The '90s, 29 J. Marshall L. Rev. 331 (1996), F. Willis Caruso

UIC Law Review

No abstract provided.

Establishing A Prima Facie Case Involving Multiple Chemical Sensitivity: A Threshhold Approach, 29 J. Marshall L. Rev. 441 (1996), Merilyn Brown

UIC Law Review

No abstract provided.

George Bush's America Meets Dante's Inferno: The Americans With Disabilities Act In Prison, Ira Robbins

Scholarly Articles in Law Reviews & Journals

Introduction: The conditions in America's correctional facilities have long been cause for concern. Even those who do not advocate a comfortable quality of life for inmates recognize that basic problems such as overcrowding, inmate violence,' inadequate staffing,2 and increasing costs of building and maintaining prisons have approached crisis levels. Meanwhile, the prison population continues to swell. According to the Bureau of Justice Statistics of the United States Department of Justice, the number of prisoners incarcerated at state and federal prisons annually has grown at a rate of 8.4% in recent years.'

Responsibilities Of Employers Toward Mentally Disabled Persons Under The Americans With Disabilities Act, Karin Mika, Denise Wimbiscus

Journal of Law and Health

This article will discuss the standards of the ADA with respect to accommodating mental illness in the workplace. It will argue the ADA definitions are not precise enough to apprising employers of what are their obligations regarding mentally ill persons in the workplace. It will additionally make suggestions for revising the statute and regulations to achieve this goal. In reaching its conclusion, this article will discuss popular conceptions about mental illness, and the current statutory framework of the ADA. Representative case law will be considered within the context of these topics. The article will ultimately suggest that fairness to both …

Disability, Work And Cash Benefits, Jerry L. Mashaw Editor, Virginia P. Reno Editor, Richard V. Burkhauser Editor, Monroe Berkowitz Editor

Upjohn Press

This book examines the economic consequences of work disabilities, and public and private interventions that might enable disabled individuals to enter the work force for the first time, remain at work, or return to work. Three groups of papers are presented. The first group examines ways that labor market changes, policy interventions and individual choices shape the work force. The next analyzes both public and private return to work policies for the work disabled and for those with a severely disabling condition. The final group focuses on the specific needs of the disabled that affect their work force participation, including …

Rights, Remembrance And The Reconciliation Of Difference, David Engel, Frank W. Munger

Articles & Chapters

Rights in American society present a paradox-critics increasingly assert that proliferation of rights is undermining Americans' sense of community, yet scholars continue to document Americans' reluctance to assert formal legal rights. We explore the meaning of rights in American society by describing the intersection between the evolving civil rights of a previously excluded minority, culminating in the, and the personal histories of two individuals who might potentially invoke or benefit from such rights. Tracing the life stories of "Sara Lane" and 'Jill Golding" from childhood through adolescence to adulthood and employment, we relate the everyday relevance or irrelevance of law …

Book Review, Marianne Wesson

Publications

No abstract provided.

No Direction Home: The Law And Criminal Defendants With Mental Disabilities, Michael L. Perlin

Articles & Chapters

No abstract provided.

1995 Employment Law Update, Oregon Law Institute, Nancy J. Brown, Helle Rode, Corbett Gordon, Michael J. Tedesco, Richard F. Liebman, Eileen Drake, Richard C. Busse, Scott J. Fortmann

Oregon Law Institute, 1995

Course Materials from the October 20, 1995 Program in Portland

The Impact Of The Americans With Disabilities Act On State Bar Examiner's Inquiries Into The Psychological History Of Bar Applicants, Carol J. Banta

Michigan Law Review

This Note argues that the use of any questions based upon an applicant's psychological history in the state bar application process violates the Americans with Disabilities Act. Part I demonstrates that Title II of the ADA applies to state boards of bar examiners, and that the ADA definition of a person with a disability includes a person who has sought or received psychological counseling. Part II applies the ADA and accompanying regulations to the psychological history inquiries currently used by state bar examiners and argues that such inquiries violate the ADA because they inquire specifically about disabled status. Part III …

Children With Disabilities In Detention: Legal Strategies To Secure Release, Mary G. Hynes

University of the District of Columbia Law Review

No abstract provided.

Understanding The Overrepresentation Of Youths With Disabilities In Juvenile Detention, Peter E. Leone Phd., Barbara A. Zaremba, Michelle S. Chapin, Curt Iseli

University of the District of Columbia Law Review

Youths with disabling conditions are grossly overrepresented among those detained and confined in juvenile correction systems. Some of the behavior of youths with disabling conditions can be misinterpreted as dangerousness and/or as posing a risk of flight prior to a dispositional hearing. The cognitive and language abilities of some youths may contribute to their poor presentation to juvenile court intake workers and others within the juvenile justice system. This Article briefly profiles four youths with disabling conditions detained at the District of Columbia's Oak Hill Juvenile Detention Center, and discusses how behavior associated with disabling conditions (i.e., learning disabilities, emotional …

Protective Proceedings - New Realities: Changes To Guardianship And Conservatorship Law, Oregon Law Institute, Mark M. Williams, Jennifer L. Wright, Wesley D. Fitzwater, Carol J. Kyle, Penny L. Davis

Oregon Law Institute, 1995

Course Materials from the September 22, 1995 Program in Portland

1995-1996 Home Energy Assistance Program (Heap) Rule, Maine State Housing Authority

Maine Collection

1995-1996 Home Energy Assistance Program (HEAP) Rule

State of Maine / Maine State Housing Authority / David Lakari, Director

Augusta, Maine, September 1995.

(Proposed Amendments to Home Energy Assistance Program Rule)

Chapter 24 - Home Energy Assistance Program Rule

Sections: 1. Definitions / 2. Eligibility / 3. Sub-Grantees / 4. Application / 5. Payment of Benefits / 6. Energy Crisis Intervention Program / 7. HEAP Weatherization and Central Heating Improvement Program (CHIP) / 8. Indian Tribes / 9. Administration of HEAP / 10. Monitoring / 11. Noncompliance / 12. Procurement / 13. Fair Hearings / 14. Additional Provisions

Elder Law: Practice Developments And 1995 Legislative Outcomes, Oregon Law Institute, Wesley D. Fitzwater, Charles E. Davis, Laurie P. Sitton, Sharon Gary Smith, Sally Ringholm, Mark M. Williams, Lisa N, Bertalan, Penny L. Davis, Rees C. Johnson

Oregon Law Institute, 1995

Course Materials from the July 28, 1995 Program in Portland

Social Security Administration Nonacquiescence On The Standard For Evaluating Pain, Erin Margaret Masson

William & Mary Law Review

No abstract provided.

Health Care Rationing And Disability Rights, Philip G. Peters Jr.

Faculty Publications

This article explores the extent to which federal disability rights law limits the use of effectiveness criteria to allocate health care, either alone or as a part of cost-effectiveness analyses. To be more precise, it considers the circumstances in which disability-based classifications by health plans which would otherwise violate the anti-discrimination laws can be legally and ethically defended by proof that the excluded treatments are less effective than those which are provided. Part I introduces the expanding use of effectiveness analysis in health care, explains its discriminatory potential, and reviews the Oregon experience. Part II outlines the current federal law …