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Articles 2281 - 2310 of 2419
Full-Text Articles in Disability Law
The Impact Of Federal Labor Policy On The Americans With Disabilities Act Of 1990: Collective Bargaining Agreements In A New Era Of Civil Rights, David S. Doty
BYU Law Review
No abstract provided.
Miles To Go: Some Personal Reflections On The Social Construction Of Disability, Dianne Pothier
Miles To Go: Some Personal Reflections On The Social Construction Of Disability, Dianne Pothier
Dalhousie Law Journal
The "social construction" of disability refers to the way an able bodied conception of disability magnifies its consequences. The social construction of disability assesses and deals with disability from an able bodied perspective. It includes erroneous assumptions about capacity to perform that come from an able bodied frame of reference. It encompasses the failure to make possible or accept different ways of doing things. It reflects a preoccupation with "normalcy" that excludes the disabled person.
Framing The Compensation Inquiry, Elizabeth Rolph
Framing The Compensation Inquiry, Elizabeth Rolph
Cardozo Law Review
No abstract provided.
Employing The Alcoholic Under The Americans With Disabilities Act Of 1990, Wendy K. Voss
Employing The Alcoholic Under The Americans With Disabilities Act Of 1990, Wendy K. Voss
William & Mary Law Review
No abstract provided.
The Americans With Disabilities Act Of 1990: Implications For The Manning, Operation And Construction Of U.S. Commercial Vessels, Steven M. Stancliff
The Americans With Disabilities Act Of 1990: Implications For The Manning, Operation And Construction Of U.S. Commercial Vessels, Steven M. Stancliff
Marine Affairs Theses and Major Papers
The Americans with Disabilities Act of 1990 adds a new dimension to the body of anti discrimination law in the United States. Encompassing nearly all aspects of employment and public life, it has sent a shock wave of concern throughout the commercial vessels industry. Through examination of the Act's salient features and potential application to commercial vessel operation, manning, and construction, it is concluded that the Act's goals may be substantially achieved without additional risk or significant financial harm to shipowners. The requirements of the Americans with Disabilities Act of 1990 are not considered to be inconsistent with a shipowner's …
Miles To Go: Some Personal Reflections On Social Construction Of Disability, Dianne Pothier
Miles To Go: Some Personal Reflections On Social Construction Of Disability, Dianne Pothier
Dianne Pothier Collection
The "social construction" of disability refers to the way an able bodied conception of disability magnifies its consequences. The social construction of disability assesses and deals with disability from an able bodied perspective. It includes erroneous assumptions about capacity to perform that come from an able bodied frame of reference. It encompasses the failure to make possible or accept different ways of doing things. It reflects a preoccupation with "normalcy" that excludes the disabled person.
The Right To Be Heard: The Obligation Of State Courts To Pay For Interpreters For Deaf Litigants, Laura L. Rovner
The Right To Be Heard: The Obligation Of State Courts To Pay For Interpreters For Deaf Litigants, Laura L. Rovner
Sturm College of Law: Faculty Scholarship
In the decade since 9/11, much has been written about the “War on Terror” and the lack of justice for people detained at Guantanamo or subjected to rendition and torture in CIA black sites. A central focus of the critique is the unreviewability of Exec
Americans With Disabilities Act: Dispelling The Myths. A Practical Guide To Eeoc's Voodoo Civil Rights And Wrongs, Charles D. Goldman
Americans With Disabilities Act: Dispelling The Myths. A Practical Guide To Eeoc's Voodoo Civil Rights And Wrongs, Charles D. Goldman
University of Richmond Law Review
The time is at hand for reality to replace expectation as the employment provisions of the federal mandate not to discriminate against qualified individuals with disabilities, the Americans with Disabilities Act (the "ADA"), are now the law of the land. A new era of rights, responsibilities, and opportunities dawned for private and governmental employers, and disabled persons when the rules of the United States Equal Employment Opportunity Commission ("EEOC") went into effect on July 26, 1992. A practical, common sense utilization of institutional solutions complemented by individualized applications, not ad hoc reactions, is essential. Other- wise employers' worst fears will …
New Protections For Persons With Mental Illness In The Workplace Under The Americans With Disabilities Act Of 1990, Janet Lowder Hamilton
New Protections For Persons With Mental Illness In The Workplace Under The Americans With Disabilities Act Of 1990, Janet Lowder Hamilton
Cleveland State Law Review
The growth of civil rights for the disabled in recent years has focused on the problems of physical disabilities and removal of architectural barriers. Notable gains have been made in society's recognition of the rights and needs of such individuals through the American’s with Disabilities Act, but acknowledgement of the less obvious condition of psychiatric disability has lagged far behind. This is particularly true of individuals with mental illness, which constitutes probably the largest single group of disabled individuals, and one of the least vocal. Because of negative social attitudes, individuals with mild disorders hesitate to call attention to their …
Disabled Clients, Disabling Lawyers, Anthony V. Alfieri
Disabled Clients, Disabling Lawyers, Anthony V. Alfieri
Articles
No abstract provided.
Fatal Assumption: A Critical Evaluation Of The Role Of Counsel In Mental Disability Cases, Michael L. Perlin
Fatal Assumption: A Critical Evaluation Of The Role Of Counsel In Mental Disability Cases, Michael L. Perlin
Articles & Chapters
No abstract provided.
On Sanism, Michael L. Perlin
Introduction, Laura F. Rothstein
Maximizing Potential For Self-Sufficient Living After Board Of Education V Rowley, Elizabeth Drake
Maximizing Potential For Self-Sufficient Living After Board Of Education V Rowley, Elizabeth Drake
In the Public Interest
No abstract provided.
Addiction As Disability: The Protection Of Alcoholics And Drug Addicts Under The Americans With Disabilities Act Of 1990, Reese J.J. Henderson
Addiction As Disability: The Protection Of Alcoholics And Drug Addicts Under The Americans With Disabilities Act Of 1990, Reese J.J. Henderson
Vanderbilt Law Review
With the passage of the Americans with Disabilities Act of 1990 (ADA), Congress finally acknowledged that employment discrimination against the disabled continues to be a serious problem in the United States. Approximately forty-three million Americans are disabled. As many as two-thirds of disabled individuals of working age are unemployed, and half of all adults with disabilities have household incomes of fifteen thousand dollars or less. Although most unemployed disabled individuals depend on insurance payments or government benefits for support, polls reveal that a majority would rather work than depend on such assistance. The ADA provides a comprehensive plan for main-streaming …
Indigents And The Denial Of Due Process At Involuntary Treatment Hearings: The Need For Independent Psychiatric Assistance, Marcy H. Speiser
Indigents And The Denial Of Due Process At Involuntary Treatment Hearings: The Need For Independent Psychiatric Assistance, Marcy H. Speiser
Touro Law Review
No abstract provided.
The Americans With Disabilities Act: Analysis And Implications Of A Second-Generation Civil Rights Statute, Robert L. Burgdorf Jr.
The Americans With Disabilities Act: Analysis And Implications Of A Second-Generation Civil Rights Statute, Robert L. Burgdorf Jr.
Journal Articles
Martin Luther King, Jr. once wrote that our nation's civil rights laws were a "sparse and insufficient collection of statutes ... barely a naked framework."' On their faces, many federal civil rights statutes constitute little more than broad directives that "Thou shalt not discriminate." Broadly worded statements outlawing discrimination were the optimal approach to statutory draftsmanship in light of the controversial nature of the civil rights laws passed in the 1960s and 1970s. The drafters of these statutes needed to craft language that would be palatable to a majority of the members of Congress while still having a meaningful impact …
"Equal Members Of The Community": The Public Accommodations Provisions Of The Americans With Disabilities Act, Robert L. Burgdorf
"Equal Members Of The Community": The Public Accommodations Provisions Of The Americans With Disabilities Act, Robert L. Burgdorf
Journal Articles
Nearly three decades ago, four black students sat down at a lunch counter in a Woolworth's store in Greensboro, North Carolina, ordered a cup of coffee, and refused to move until they were served. I Unknown to the four young men at the time, their act of courage would help precipitate a series of sit-in protests and other forms of civil disobedience challenging racial segregation at lunch counters, restaurants, parks, hotels, motels, and other facilities. The desegregation of such places was a principal objective of civil rights protests, lawsuits, and proposals for legislative reform during the early 1960s.2 Equal opportunity …
Employer's Guide To The Americans With Disabilities Act: From Job Qualifications To Reasonable Accommodations, 24 J. Marshall L. Rev. 693 (1991), Lawrence Postol, David Kadue
Employer's Guide To The Americans With Disabilities Act: From Job Qualifications To Reasonable Accommodations, 24 J. Marshall L. Rev. 693 (1991), Lawrence Postol, David Kadue
UIC Law Review
No abstract provided.
Law, Culture, And Children With Disabilities: Educational Rights And The Construction Of Difference, David M. Engel
Law, Culture, And Children With Disabilities: Educational Rights And The Construction Of Difference, David M. Engel
Journal Articles
No abstract provided.
The Application Of Section 504 Of The Rehabilitation Act To The Segregation Of Hiv-Positive Inmates, Ayesha Khan
The Application Of Section 504 Of The Rehabilitation Act To The Segregation Of Hiv-Positive Inmates, Ayesha Khan
Washington Law Review
Acquired Immune Deficiency Syndrome has posed a formidable challenge to correctional administrators because of the perception that prisons and jails hold high concentrations of individuals at risk of developing the disease. Housing decisions are particularly difficult. Administrators often segregate inmates who have AIDS, ARC or asymptomatic HIV infection from the general prison population by housing them in a separate unit. This Article analyzes whether such a practice violates section 504 of the Rehabilitation Act, which forbids programs which receive federal financial assistance from discriminating against "otherwise qualified" handicapped persons. The analysis focuses on three issues: the epidemiology of HIV in …
Law Students With Disabilities: Removing Barriers In The Law School Community, David M. Engel, Alfred S. Konefsky
Law Students With Disabilities: Removing Barriers In The Law School Community, David M. Engel, Alfred S. Konefsky
Buffalo Law Review
No abstract provided.
Family Support Of The Disabled: A Legislative Proposal To Create Incentives To Support Disabled Family Members, Judith G. Mcmullen
Family Support Of The Disabled: A Legislative Proposal To Create Incentives To Support Disabled Family Members, Judith G. Mcmullen
University of Michigan Journal of Law Reform
Several authorities in the field of estate planning have examined in great detail the options currently available to the parents of disabled children. The options are limited. Ideally, laws should address the concerns of the families of disabled children while providing those families with the incentive to help bear the financial costs of providing for their children. New legislation is needed to achieve this dual objective. This legislation must establish a method by which parents can improve meaningfully the quality of a surviving disabled child's life without substantially increasing the social cost of supporting that disabled child. This Article proposes …
Treatment Of The Mentally Disabled: Rethinking The Community-First Idea, Christopher Slobogin
Treatment Of The Mentally Disabled: Rethinking The Community-First Idea, Christopher Slobogin
Vanderbilt Law School Faculty Publications
In the past several decades the treatment, habilitation and education of the mentally disabled has been heavily influenced by what could be called the "community-first" movement. This movement which encompasses such developments as deinstitutionalization, the least restrictive alternative doctrine, normalization, mainstreaming,and outpatient commitment-is based on the idea that, in caring for the mentally disabled, we should favor placement in the community rather than in institutions segregated from mainstream populations. The community-first idea is not unanimously supported. But Congress, many courts, and countless advocacy groups composed of lawyers, mental health professionals and laypeople have rallied behind the community first standard as …
Social Security Disability Determinations: Recommendations For Reform, Richard E. Levy
Social Security Disability Determinations: Recommendations For Reform, Richard E. Levy
BYU Law Review
No abstract provided.
The Fourth Bite At The Apple: A Study Of The Operation And Utility Of The Social Security Administration's Appeals Council, Charles H. Koch, Jr., David A. Koplow
The Fourth Bite At The Apple: A Study Of The Operation And Utility Of The Social Security Administration's Appeals Council, Charles H. Koch, Jr., David A. Koplow
Florida State University Law Review
The Social Security Administration's Appeals Council performs the fourth and final administrative evaluation of appealed disability claims. Very little information about the Appeals Council has been available to claimants and their representatives, even though claimants must request Appeals Council review before filing an appeal in federal court. In response to criticism and controversy surrounding this obscure branch of the Social Security Administration, the administrative Conference of the United States (ACUS) asked Professors Koch and Koplow to study the Appeals Council's effectiveness in disability claims and adjudication. In this Article, the authors examine Appeals Council operations and the Council's relationship to …
Dellmuth V. Muth: The Eleventh Amendment Pierces The Legal Shield Of Eha Protection, 23 J. Marshall L. Rev. 487 (1990), Paula K. Maguire
Dellmuth V. Muth: The Eleventh Amendment Pierces The Legal Shield Of Eha Protection, 23 J. Marshall L. Rev. 487 (1990), Paula K. Maguire
UIC Law Review
No abstract provided.
The Fourth Bite At The Apple: A Study Of The Operation And Utility Of The Social Security Administration's Appeals Council, Charles H. Koch Jr., David A. Koplow
The Fourth Bite At The Apple: A Study Of The Operation And Utility Of The Social Security Administration's Appeals Council, Charles H. Koch Jr., David A. Koplow
Faculty Publications
The Social Security Administration's Appeals Council performs the fourth and final administrative evaluation of appealed disability claims. Very little information about the Appeals Council has been available to claimants and their representatives, even though claimants must request Appeals Council review before filing an appeal in federal court. In response to criticism and controversy surrounding this obscure branch of the Social Security Administration, the Administrative Conference of the United States (ACUS) asked Professors Koch and Koplow to study the Appeals Council's effectiveness in disability claims and adjudication. In this Article, the authors examine Appeals Council operations and the Council's relationship to …
Unpacking The Myths: The Symbolism Mythology Of Insanity Defense Jurisprudence, Michael L. Perlin
Unpacking The Myths: The Symbolism Mythology Of Insanity Defense Jurisprudence, Michael L. Perlin
Articles & Chapters
The insanity defense has been the subject of great controversy. A review of the jurisprudential debate, infamous cases, judicial and legislative decision-making, media coverage, as well as public attitudes, when read in light of scientific and empirical research, reveals a gaping disparity between what we know and how we think about the mentally ill and the insanity defense. The Author argues that this disparity is the result of several operational myths about the mentally ill and the insanity defense. In this Article, the Author focuses on the role of psychiatry, psychology, and mental illness in the law, specifically addressing how …