Disability Law Commons^™

The Right To An Adequate Income And Employment: A Reply To Professor Bernstein, David L. Chambers

Book Chapters

Bernsteins's Paper advances no constitutional arguments for requiring the government to ensure economic security for retarded citizens. His omission is justified not merely by the alternative focus he has chosen, but also by the absence of any sound or vendible constitutional arguments to advance. There remain, however, important roles for attorneys.

The Principle Of The Least Restrictive Alternative For Mentally-Retarded Persons: The Constitutional Issues, David L. Chambers

Book Chapters

Mentally retarded people are people. When strong reasons exist to treat them differently from other people, they should be provided the necessary services, restraint, or protection through means that intrude as little as possible on their freedom to live the life that others are permitted to live. "Normalization" is the term professionals use to define the goal and the process of helping mentally retarded citizens lead a "normal" life. The attainment of this goal involves undoing the multitude of formal constrictions governments have typically placed on the retarded citizen's freedom: his place of residence, his schooling, his control over his …

The Definition Of Disability In Social Security And Supplemental Security Income: Drawing The Bounds Of Social Welfare Estates, Lance Liebman

Faculty Scholarship

Federal aid to the disabled is a vast enterprise; over nine billion dollars are annually paid to five million beneficiaries. In this Article, Professor Liebman points out how the ad hoc nature of social welfare legislation and programming has resulted in a system that produces inconsistent and sometimes inequitable determinations of disability. The present system, he argues, draws significant economic and social distinctions among the disabled, as well as distinctions between the disabled and the unemployed, that have been inadequately explained and justified. By focusing on worker expectations generated by the administration of our disability programs, and on the structural …

Indian Rights: Eligibility Of Indians For State Assistance, Joe D. Dillsaver

American Indian Law Review

No abstract provided.

The Handicapped Plead For Entrance--Will Anyone Answer?, Alan J. Farber

Kentucky Law Journal

No abstract provided.

Insurance -- 1954 Tennessee Survey, Robert W. Sturdivant

Vanderbilt Law Review

There were only two cases reported during the survey period on the subject of liability insurance. In the first of these, Rural Education Ass'n, Inc. v. American Fire & Casualty Co., the insured had notice of an accident on the day it occurred. Suit for injuries growing out of the accident was filed nearly seven months later, and not until the day after suit was filed did the insured notify the insurer of the accident. After judgment was obtained against it, the insured brought the present suit against its insurer. The insurance policy required that notice be given "as soon …

Effectiveness Of The Social Security Review System In Disability Cases, William D. Popkin

Articles by Maurer Faculty

No abstract provided.

Ill Effects Of A Well-Intentioned Law: The Rights Of The Handicapped Overlooked, Robert L. Burgdorf

Journal Articles

Indiana's Public Law No. 162, which was signed into law in 1972, is an admirable achievement. The statute consolidated and clarified the procedures to be employed by schools in suspending, expelling or excluding students. The rights of students were closely guarded through the clear enumeration of the requirements of due process in this area. Written notice, a relatively formal hearing, the right to be represented by counsel, the right to cross-examine witnesses, a written decision and record of the proceedings, and an appeal procedure are all specifically mandated by the law whenever a child may be suspended, expelled or excluded. …

The Legal Significance Of The Mental Illness Criterion In The Civil Commitment Process, Hal R. Leiberman

North Carolina Central Law Review

No abstract provided.

Voluntary Euthanasia, Arval A. Morris

Washington Law Review

To avoid the possibility of confusion, it is necessary to distinguish voluntary euthanasia from other similar, but not necessarily related situations. By voluntary euthanasia I refer to one specific situation, and to no other. Any definition of the principle of voluntary euthanasia must lay emphasis on the word "voluntary" as it specifically applies to the right of an adult person who is in command of his faculties to have his life ended by a physician, pursuant to his own intelligent request, under specific conditions prescribed by law, and by painless means. Thus, voluntary euthanasia involves at least two willing persons—a …

Workmen's Compensation--Encouraging Employment Of The Handicapped In Michigan: A Proposal For Revision Of The Michigan Second Injury Fund, Michigan Law Review

Michigan Law Review

Employment of the handicapped is clearly a proper concern of the state. Unemployed, such a person is a burden on his family and on the state; welfare and relief payments to such a person needlessly increase costs to both the state and local governments supporting such programs. Employed, the handicapped person is a self-supporting, stable member of the community; he becomes a taxpayer rather than a tax consumer. There are also important moral and social considerations which may be simply summarized stating that no person who is able to work should be needlessly denied employment. In short, any continued waste …

Toward Uniform Guardianship Legislation, William F. Fratcher

Michigan Law Review

The Model Probate Code, part IV of which covers guardianship of the persons and property of infants and mental incompetents, was published in 1946 under the auspices of the University of Michigan Law School. It was prepared for the Probate Law Division of the Section of Real Property, Probate, and Trust Law of the American Bar Association by its Model Probate Code Committee in cooperation with the research staff of the Law School. No state has adopted the Model Probate Code in its entirety, but parts of it have been enacted in Arkansas, California, Colorado, Delaware, Hawaii, Illinois, Indiana, Missouri, …

Social Security Disability Determinations: The Burden Of Proof On Appeal, Michigan Law Review

Michigan Law Review

In 1956, the Social Security Act was amended to provide monthly disability insurance benefits to qualifying individuals under a uniform national program administered by the Secretary of Health, Education, and Welfare. Under this program, a claimant is entitled to disability benefits if he is unable to "engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to be of long continued and indefinite duration." This definition and its accompanying statutory standards were purposely made conservative in order to minimize the problems inherent in initiating the program; it was contemplated that …

Compensation For Loss Of Earning Capacity, Robert R. Wright

Law Faculty Scholarship

No abstract provided.

Insurance -- 1960 Tennessee Survey, William R. Andersen

Vanderbilt Law Review

One of the most delicate problems in insurance underwriting is that of describing the events whose occurrence is the primary condition of the insurer's obligation to pay. Several interesting cases were decided during the survey period involving disputes over whether or not an insured event had occurred.

Workmen's Compensation - Benefits - Exclusiveness Of Schedule Provision, Mark Shaevsky

Michigan Law Review

Plaintiff received benefits under the schedule provisions of the Michigan workmen's compensation statute for amputation of four fingers and one leg. Upon the expiration of payments the hearing officer awarded additional recovery for plaintiff's total disability resulting from the amputation. After subtracting compensation received for the specified losses, the appeal board affirmed. On appeal to the supreme court, held, affirmed by an equally divided court. The legislature intended the schedule provisions to be irreducible minimum awards, not exclusive compensation. Curtis v. Hayes Wheel Co., which construed schedule allowances as barring further recovery for total and permanent disability, is …

Proposed Procedure For Administering Heart Cases Under The Washington Industrial Insurance Act, Ivan C. Rutledge

Articles by Maurer Faculty

No abstract provided.

The Public Employee And His Government: Conditions And Disabilities Of Public Employment, Jerome J. Shestack

Vanderbilt Law Review

Even before Mr. Marbury, the public employee and his government have frequently found themselves on opposite sides of the counsel table. Not that public employees are a particularly litigious lot. Faced, however, with the willingness of administrators to deal with them politically and the unwillingness of legislators to protect them adequately, their resort to the courts was inevitable. But the courts also often provided inadequate protection. Decisions which combined ancient concepts with more than a touch of political realism accorded scant recognition to the substantial interests of the ever-growing number of public employees.

In recent years, the traditional cliches in …

Encouragement Of Employment Of The Handicapped, Howard D. Fabing, Roscoe L. Barrow

Vanderbilt Law Review

Six million Americans of employable age have a physical impairment which is sufficiently serious to hinder them in finding employment. Included among the handicapped are orthopedics, those having defective vision, hearing or speech, cardiacs, diabetics, epileptics, and others. Employment of handicapped persons is in the interest of society. Employed, the handicapped are tax-payers; unemployed, they are tax-spenders. If they are not given the employment which they desire the handicapped are forced to become a charge on society. To secure their employment, however, is a problem of great magnitude, requiring the cooperation of employers, employees, interested civic organizations and governmental agencies …

Intervertebral Disc Injuries In Workmen's Compensation, Larry A. Bear

Vanderbilt Law Review

No lawyer regularly involved in workmen's compensation litigation can do a worthwhile job for his client unless he has a comprehensive and intelligent acquaintance with all branches of medicine. In the ordinary course of his practice, the workmen's compensation lawyer must deal with all types of industrial diseases, and even with disorders in the field of neurology and psychiatry.' Familiarity with a variety of medical conditions is made necessary because of such basic medico-legal problems as causation, involving the industrial or non-industrial origin of the disability at issue, dilration and the like. Of all the industrial injuries with which the …

Medico-Legal Aspects Of The Nervous System As A Functioning Unit Of The Body, F. Keith Bradford, Hubert W. Smith

Vanderbilt Law Review

We have had the pleasure of working together in recent years on Law-Science problems. During that time we have become increasingly convinced that it is necessary for trial lawyer and scientist alike to think of the human being in terms of the nine main organ systems,'reserving a tenth category for the field of personality as the latter represents a synthesis of component structures and functions into variable reaction and behavior patterns. An injury or disability may involve impairment or destruction of an an atomic member or of physiological function; it may involve effects on personality, or psychic values, alone, without …

Employer's Liability In Hiring Physically Unfit Employee

Indiana Law Journal

Recent Cases: Torts

Insurance Concepts Of Total And Permanent Disability, John Alan Appleman, John D. Carson

Kentucky Law Journal

No abstract provided.

Book Review. Vernier, C. G., American Family Laws, Vol. 5: Incompetents And Dependents, Ralph F. Fuchs

Articles by Maurer Faculty

No abstract provided.

Federal Legislation For The Relief Of World War Disabled, Blakey Helm

Kentucky Law Journal

No abstract provided.

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Adoption--Defect in Proceedings--Effect; Bankruptcy--Equitable Rights under Unrecorded Mortgage--Agreement to Insure--Equitable Lien on Insurance Money; Bankruptcy--Insolvent Firm--Individual Estate of Unadjudicated Solvent Partner Not Subject to Administration; Bills and Notes--Liability of Indorser of Non-Negotiable Note; Bills and Notes--Liability of Irregular Indorser; Carriers--Wrongful Treatment of Passengers--Damages for Mental Suffering; Constitutional Law--Imprisonment for Debt--Peonage; Constitutional Law--Interstate Commerce--Shipments Within a State; Corporations--Foreign Corporations--Effect of Withdrawal From State--Validity of Service; Courts--Jurisdiction--Action Under the Laws of Another State; Covenants--Running with the Land; Damages--Destruction of Growing Grass; Evidence--Admissibility of a Deed as an Ancient Document; Evident--Admissions in Pleading; Garnishment--Nonresident Defendant--Jurisdiction; Jury--Right to Trial by Twelve Jurors--Waiver of Jury; …

Recent Important Decisions, Michigan Law Reivew

Michigan Law Review

Acknowledgment--Notary Agent of Grantee--Extra Compensation for Securing Acknowledgment; Attachment of Real Property--Conflict of Jurisdiction--Federal and State Courts; Attorney and Client--Contract Between--Fraudulent Conveyance; Bankruptcy--Preferences--Securing Attorney's Fee; Banks--Liability of Private Banker; Common Carriers--Duty to Receive Helpless Persons as Passengers--Degree of Care Required When Accepted; Common Carriers--duty Toward Hackmen at Depots--May Discriminate; Constitutional Law--Impairing Obligation of Contract--Contracts with Waterworks Companies; Constitutional Law--License for Issuing Trading Stamps; Constitutional Law--Trading Stamp Laws; Corporations--amendment of Charter--Service on--Liberty to Contract; Corporations--Constitutional Law--Pools and Trusts--Foreign Insurance Companies; Criminal law--Written instructions to Jury; damages--Fright Unconnected with Physical Injury; Deed--description--Conveyance to Trustee--Necessity of Word "heirs"--Rule in Shelley's Case--Adverse Possession; Evidence--Corporations--Books …