Compensating Work-Related Disability: Theory, Politics And History Of The Commodification-Decommodification Dialectic,
2018
Osgoode Hall Law School of York University
Compensating Work-Related Disability: Theory, Politics And History Of The Commodification-Decommodification Dialectic, Eric Tucker
Articles & Book Chapters
In 2015, the last year for which we have complete Canadian data, workers' compensation boards recognized that 852 Canadian workers died from work-related injuries and diseases and 232,629 workers experienced disabling injuries requiring them to take time off work. About 13 percent of those injured will have permanent disabilities of varying severity.These figures significantly underestimate the true burden of work-related disability for at least three reasons. First, the percentage of the paid Canadian workforce covered by workers' compensation has been shrinking. In 2008, it was estimated to stand at about 80 percent, although coverage bounced back to about 85 percent …
Stuck In Neutral: The Americans With Disabilities Act And The State Of Paratransit Service In New York City,
2018
New York Law School
Stuck In Neutral: The Americans With Disabilities Act And The State Of Paratransit Service In New York City, Britney Wilson
Articles & Chapters
No abstract provided.
The Remedial Authority Of Hearing And Review Officers Under The Individuals With Disabilities Education Act: The Latest Update,
2018
Lehigh University
The Remedial Authority Of Hearing And Review Officers Under The Individuals With Disabilities Education Act: The Latest Update, Perry A. Zirkel
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Paternalism And The Rise Of The Disability State,
2018
Pepperdine University
Paternalism And The Rise Of The Disability State, David W. Engel, Jeffrey S. Wolfe
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Mullin V. Ratheon Co.: The Threatened Vitality Of Disparate Impact Under The Adea,
2018
University of Maine School of Law
Mullin V. Ratheon Co.: The Threatened Vitality Of Disparate Impact Under The Adea, Miles F. Archer
Maine Law Review
Seven years after Congress enacted Title VII of the Civil Rights Act of 1964 (Title VII), and four years after the enactment of the Age Discrimination in Employment Act of 1967 (the ADEA), the Supreme Court, in Griggs v. Duke Power Co., enunciated the doctrine of disparate impact as a means of establishing liability under Title VII. Since that time, the doctrine has evolved considerably and its application and contours have been redefined by the Court as well as by Congress. Within this evolution there has been a debate among the courts and commentators as to whether the doctrine may …
The Supreme Court Reverses The Equal Employment Opportunity Commission's Directive That Disability Determinations Should Be Made Without Regard To Mitigating Measures: Sutton V. United Airlines,
2018
University of Maine School of Law
The Supreme Court Reverses The Equal Employment Opportunity Commission's Directive That Disability Determinations Should Be Made Without Regard To Mitigating Measures: Sutton V. United Airlines, Sara Gagne Holmes
Maine Law Review
In Sutton v. United Airlines, identical twin sisters with severe myopia, filed suit under Title I of the Americans with Disabilities Act (ADA) alleging that United Airlines (United) discriminated against them on the basis of a disability, or because United regarded them as having a disability. This case invited the United States Supreme Court to decide for the first time whether mitigating measures such as glasses, medication or prosthetics should be considered when determining if an impairment is an “actual disability” under the ADA, and what constitutes a proper allegation for being “regarded as” disabled under the ADA. In a …
Mixed Messages: An Analysis Of The Conflicting Standards Used By The United States Circuit Courts Of Appeals When Awarding The Compensatory Education For A Violation Of The Individuals With Disabilities Education Act,
2018
University of Maine School of Law
Mixed Messages: An Analysis Of The Conflicting Standards Used By The United States Circuit Courts Of Appeals When Awarding The Compensatory Education For A Violation Of The Individuals With Disabilities Education Act, James C. Schwellenbach
Maine Law Review
With the passage of the Education for All Handicapped Children Act (EAHCA) of 1975, now titled the Individuals with Disabilities Education Act (IDEA or the Act), each child with a disability was guaranteed the right to a free and appropriate public education. It fell to the public schools to provide that free and appropriate education to students with disabilities, many of whom had been denied access to public schools prior to that time. It was inevitable that parents would disagree with their local school district, or the state educational agency, as to whether their child was being provided the kind …
Collective Versus Individual Rights: The Able Worker And The Promotion Of Precarious Work For Persons With Disabilities Under Conflicting International Law Regimes,
2018
Loyola Marymount University and Loyola Law School
Collective Versus Individual Rights: The Able Worker And The Promotion Of Precarious Work For Persons With Disabilities Under Conflicting International Law Regimes, Paul Harpur
Loyola of Los Angeles International and Comparative Law Review
No abstract provided.
Sb 201 - Sick Leave,
2018
Georgia State University College of Law
Sb 201 - Sick Leave, Mary Elizabeth D. Steinhaus, Chadwick L. Williams
Georgia State University Law Review
The Act amends Georgia’s general provisions relating to labor and industrial relations by adding a new provision that requires qualifying employers to allow their employees to use sick leave to care for immediate family members.
No Student Left Behind? Accommodating Students With Disabilities In Higher Education During The Trump Administration,
2018
North Carolina Central University School of Law
No Student Left Behind? Accommodating Students With Disabilities In Higher Education During The Trump Administration, Anne Marie Fristoe
North Carolina Central Law Review
No abstract provided.
Structured Settlement Sales And Lead-Poisoned Sellers: Just Say No,
2018
University of Maryland School of Law
Structured Settlement Sales And Lead-Poisoned Sellers: Just Say No, Karen Czapanskiy
Faculty Scholarship
No abstract provided.
The Fallacy Of Choice: The Destructive Effect Of School Vouchers On Students With Disabilities,
2018
University of Denver
The Fallacy Of Choice: The Destructive Effect Of School Vouchers On Students With Disabilities, Ian Farrell, Cheslea Marx
Sturm College of Law: Faculty Scholarship
This Article addresses the impact of school voucher programs on students with disabilities. We show that for children with disabilities, the price of admission into so-called “school choice” programs is so high that it is effectively no real choice at all. School voucher programs require students with disabilities to sign away their robust federal rights and protections in the public school system. Under the Individuals with Disabilities Education Act (IDEA)—the preeminent legislative safeguard for students with disabilities—these rights include the right to a “free and appropriate public education” delivered through an “individualized education plan.” By giving up these protections, children …
Stricken: The Need For Positive Statutory Law To Prevent Discriminatory Peremptory Strikes Of Disabled Jurors,
2018
Cornell Law School
Stricken: The Need For Positive Statutory Law To Prevent Discriminatory Peremptory Strikes Of Disabled Jurors, Jordan Benson
Cornell Law Review
A representative jury ensures a truly impartial trial and that all groups are able to share in this valuable opportunity for civic engagement.Though the disabled constitute a minority of the population, their viewpoint is no less necessary to securing the benefits of a representative jury than that of groups already afforded protection from discriminatory strikes. As the disabled become more represented in many areas of society, their continued underrepresentation on juries will become even more difficult to justify. Discriminatory peremptory strikes are a significant, discretionary means by which the disabled can continue to be excluded from juries even when other …
Evaluating Intellectual Disability: Clinical Assessments In Atkins Cases,
2018
University of New Mexico - School of Law
Evaluating Intellectual Disability: Clinical Assessments In Atkins Cases, James W. Ellis, Caroline Everington, Ann M. Delpha
Faculty Scholarship
The intersection of intellectual disability and the death penalty is now clearly established. Both under the U.S. Supreme Court’s constitutional decisions and under the terms of many state statutes, individual defendants who have that disability cannot be sentenced to death or executed. It now falls to trial, appellate, and post-conviction courts to determine which individual criminal defendants are entitled to the law’s protection. This Article attempts to assist judges in performing that task. After a brief discussion of the Supreme Court’s decisions in Atkins v. Virginia, Hall v. Florida, and Moore v. Texas, it analyzes the component parts and terminology …
Too Stupid: Intellectual Disability As A Statutory Ground For Termination Of Parental Rights,
2018
American University Washington College of Law
Too Stupid: Intellectual Disability As A Statutory Ground For Termination Of Parental Rights, Charlotte Jayne Cooper
The Modern American
No abstract provided.
The Ada And The Fight Against Employment Discrimination, 52 Uic J. Marshall L. Rev. 51 (2018),
2018
UIC School of Law
The Ada And The Fight Against Employment Discrimination, 52 Uic J. Marshall L. Rev. 51 (2018), Brianne Perkins
UIC Law Review
No abstract provided.
Traumatic Brain Injury And A Divergence Between Moral And Criminal Responsibility,
2018
University of Missouri School of Law
Traumatic Brain Injury And A Divergence Between Moral And Criminal Responsibility, Paul J. Litton
Faculty Publications
Traumatic brain injury (TBI), particularly in severe cases, can have such extraordinary effects on one's psychological capacities that it may be relevant to many kinds of legal claims in criminal proceedings. The focus of this essay is on claims related to an agent's status as a responsible agent. In other words, this essay will discuss the relationship between traumatic brain injury and claims that an individual does not have the capacities required to be fairly held accountable for wrongful actions. The law may hold most adults fully responsible for their crimes, but it may not hold responsible young children and …
Puppies, Ponies, Pigs And Parrots: Policies, Practices, And Procedures In Pubs, Pads, Planes And Professions: Where We Live, Work, And Play, And How We Get There: Animal Accommodations In Public Places, Housing, Employment, And Transportation,
2018
University of Louisville
Puppies, Ponies, Pigs And Parrots: Policies, Practices, And Procedures In Pubs, Pads, Planes And Professions: Where We Live, Work, And Play, And How We Get There: Animal Accommodations In Public Places, Housing, Employment, And Transportation, Laura Rothstein
Brandeis School of Law Faculty Scholarship
This is an expanded and updated version of an article published in 23 ANIMAL L.13 (2018). It examines how disability discrimination policy clarifies when animals may be allowed as accommodations in various settings. It provides basic statutory and regulatory framework for these settings, administrative agency guidance, and judicial interpretations of these requirements in various settings. Major settings where animals might be an accommodation are addressed separately, with particular focus on higher education institutions and health care settings.
Pursuing Inclusive Higher Education In Egypt And Beyond Through The Convention On The Rights Of Persons With Disabilities,
2018
University of Baltimore School of Law
Pursuing Inclusive Higher Education In Egypt And Beyond Through The Convention On The Rights Of Persons With Disabilities, Janet E. Lord, Michael Stein
All Faculty Scholarship
Inclusive higher education is elusive for students with disabilities, especially in developing countries. The adoption and rapid ratification of the Convention on the Rights of Persons with Disabilities (CRPD) provides, if applied as its drafters intended, a “whole of institution” framework for its realization (CRPD Committee, 2016). Myriad legal, attitudinal, physical, and communication-based barriers limit or exclude participation. The individual impact of such discrimination is clear and carries lifelong consequences. Equally endemic are the broad societal and pedagogical effects of this exclusion. To illustrate: preventing persons with disabilities from Teacher Education courses impacts inclusive education in primary and secondary education; …
An Assessment Of Disability Access At The University Of Kentucky,
2018
University of Kentucky
An Assessment Of Disability Access At The University Of Kentucky, Megan S. Coffinbargar
Oswald Research and Creativity Competition
This study assesses the Americans with Disabilities Act of 1990 (ADA) compliance at the University of Kentucky. Twenty buildings frequently used by undergraduates at the University of Kentucky were evaluated using the ADA Checklist for Existing Facilities focusing on Title III, Public Accommodations, and Priority Two, Access to Goods and Services. Data was collected over two weeks (July 20, 2017-August 3, 2017) and then evaluated using descriptive analysis. Data was analyzed looking across checklist items, buildings, checklist categories, and construction dates. Looking across checklist items, compliance ranged from 12-20 buildings out of 20 possible with 18.485 buildings as the average. …
