Disability Law Commons^™

One Not Like The Other: An Examination Of The Use Of The Affirmative Action Analogy In Reasonable Accommodation Cases Under The Americans With Disabilities Act, Jamelia Morgan

Faculty Articles and Papers

This Article discusses the debate within the courts regarding the employer's affirmative obligations under the ADA's reasonable accommodation clause by focusing on the use of the affirmative action analogy. The purpose of this Article is to examine the evolution of the affirmative-action analogy in reasonable-accommodation case law over time and to decipher its meaning and relevance. At the onset, it is important to establish a few definitions and assumptions. First, the affirmative-action analogy refers to cases where courts liken or compare the plaintiff's reasonable-accommodation request to affirmative action. Specifically, the Article examines cases where the term "affirmative action" explicitly appears …

A Call For Ncaa Adapted Sports Championships: Following The Eastern College Athletic Conference’S Lead To Nationalize Collegiate Athletic Opportunities For Student-Athletes With Disabilities, Dayle Marie Comerford

Marquette Sports Law Review

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Index: Sports Law In Law Reviews And Journals, Jordan Lysiak

Marquette Sports Law Review

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A Purpose In Life: Why Employment First Matters To Self-Advocates, Self-Advocates Becoming Empowered, Green Mountain Self-Advocates, Thinkwork! At The Institute For Community Inclusion At Umass Boston

All Institute for Community Inclusion Publications

Self-advocates with intellectual disabilities describe Employment First efforts in their states, and why those efforts are important.

Self-Advocates Becoming Empowered asked leaders in the self-advocacy movement to describe the impact of Employment First in their states. The authors spoke with 21 peer leaders across the country and asked, “What does Employment First mean?”

Research To Practice: Lessons Learned From The Learning Academy: Optimizing Transition Supports For Young Adults With Autism, John Shepard, Jaimie Ciulla Timmons, Agnieszka Zalewska, Thinkwork! At The Institute For Community Inclusion At Umass Boston

Research to Practice Series, Institute for Community Inclusion

The Learning Academy (TLA) at the University of South Florida is a 30-week transition program for individuals with autism spectrum disorder (ASD) between the ages of 18 and 25. The program provides services, supports, and experiential opportunities, with the aim of enhancing skills that will prepare students to succeed in the workplace and postsecondary education settings. The Institute for Community Inclusion (ICI) at the University for Massachusetts Boston conducted a one-year evaluation of TLA to explore its essential programmatic elements, and the ways in which the experience influenced student transformation. The evaluation included a thorough observation of program structure, curriculum, …

Research To Practice: State Employment First Policies: State Definitions, Goals And Values, Jennifer Bose, Jean Winsor, Thinkwork! At The Institute For Community Inclusion At Umass Boston

Research to Practice Series, Institute for Community Inclusion

This brief is the first in a series focusing on Employment First implementation as it relates to one of the seven elements within the High-Performing States in Integrated Employment model. It examines the background of circumstances under which Employment First efforts began in seven states, and introduces each state’s values, mission, and goals around increasing employment opportunities for people with disabilities. States may use the lessons in this brief to develop an Employment First policy, or to evolve existing efforts.

Animals As Living Accommodations, Ani B. Satz

Faculty Articles

Animals as “living accommodations” is a concept I first developed and used in 2006, in my disability and animal law courses, to describe nonhuman animals who either provide service or emotional support to humans with functional impairments. My goal in using this language is to emphasize the important differences between employing living animals and inanimate tools of assistance to promote meaningful access to work, public services, places of public accommodation, and public transportation. The differences may be viewed from the perspectives of a variety of stakeholders, including: individuals with disabilities and other impairments; businesses accommodating such individuals; members of the …

Exploring The Meaning Of Experiential Deaning, Robert Dinerstein, Margaret Martin Barry

Scholarly Articles in Law Reviews & Journals

This article explores the position of associate dean of experiential education in law schools across the country and the central role associate deans play in the changing landscape of legal education. Experiential deans have broad responsibility for overseeing law schools’ experiential education programs. Additional responsibilities differ between institutions, but range from leading efforts to comply with new ABA standards to overseeing the integration of experiential education into the broader curriculum. Analyzing survey data collected from associate experiential deans across the country, the authors find the structure, content, and authority of the position is under-developed. The authors make recommendations on how …

The Development Of Emergency Planning For People With Disabilities Through Ada Litigation, 51 J. Marshall L. Rev. 819 (2018), Barry Taylor

UIC Law Review

No abstract provided.

Caged In: The Devastating Harms Of Solitary Confinement On Prisoners With Physical Disabilities, Jamelia Morgan

Faculty Articles and Papers

This article draws from interviews with currently and formerly incarcerated people with disabilities, disability rights advocates, prisoners' rights advocates, medical experts, legal scholars, and correctional officials, and examines the conditions of confinement, harms, and challenges facing prisoners with physical disabilities in solitary confinement. In addition, this article fills some of the gaps in data and where possible builds on existing data to provide a snapshot into (1) the number of people with physical disabilities; (2) the number of prisoners with physical disabilities in solitary confinement; and (3) the volume of grievances filed by prisoners with disabilities in ten state prison …

Post-Fry Idea And Section 504: New Intersections And Detours, Amy J. Goetz, Andrea L. Jepsen

Mitchell Hamline Law Review

No abstract provided.

The Fallacy Of Choice: The Destructive Effect Of School Vouchers On Children With Disabilities, Ian P. Farrell, Chelsea Marx

American University Law Review

No abstract provided.

No Excuses For Charter Schools: How Disproportionate Discipline Of Students With Disabilities Violates Federal Law, Johanna F. Roberts

Oklahoma Law Review

No abstract provided.

It Takes A Village: Empowering The Dead Broke Parent, Wendy Tolson Ross

Faculty Works

No abstract provided.

Lessons Learned From Texas' Special Education Cap, Raj Salhotra

Marquette Benefits and Social Welfare Law Review

No abstract provided.

"When They Enter, We All Enter": Opening The Door To Intersectional Discrimination Claims Based On Race And Disability, Alice Abrokwa

Michigan Journal of Race and Law

This Article explores the intersection of race and disability in the context of employment discrimination, arguing that people of color with disabilities can and should obtain more robust relief for their harms by asserting intersectional discrimination claims. Professor Kimberlé Crenshaw first articulated the intersectionality framework by explaining that Black women can experience a form of discrimination distinct from that experienced by White women or Black men, that is, they may face discrimination as Black women due to the intersection of their race and gender. Likewise, people of color with disabilities can experience discrimination distinct from that felt by people of …

Who's Pretending To Care For Him? How The Endless Jail-To-Hospital-To-Street-Repeat Cycle Deprives Persons With Mental Disabilities The Right To Continuity Of Care, Naomi Weinstein, Michael L. Perlin

Articles & Chapters

There is a well-documented “shuttle process” by which individuals committed to psychiatric institutions (having been charged with minor “nuisance”-type criminal offenses) are often stabilized, returned to jail to await trial, and then returned to the hospital following relapse. This shuttling or cycling is bad for many reasons, not least of which is the way that it deprives the cohort of individuals at risk from any meaningful continuity of care. Continuity of care is crucial in order to reduce the rate of incarceration and institutionalization for persons with mental illness. Without this continuity, it is far less likely that any therapeutic …

Cumulative Hardship, Nicole Buonocore Porter

Faculty Publications

Although there are plenty of cases that mention the undue-hardship provision under the ADA, there are relatively few cases where the undue-hardship provision is outcome-determinative or even discussed in depth. To complicate matters further, the Author of this Article could find no case where the court discussed the issue of cumulative hardship in the ADA context. This Article explores this issue and arrives at possible solutions for how this issue should be resolved when it arises.

This Article proceeds in four parts. Part I gives an introduction to the ADA and the undue-hardship provision. Part 1H gets to the heart …

A Run For Your Money: Are Able Accounts Truly An Innovative, User-Friendly Financial Savings Tool For The Broad Spectrum Of Disabled Americans?, Madeleine Laser

Touro Law Review

No abstract provided.

Viewer Disability And Television Accessibility: Closed-Captioning And Video Description Requirements In Today's Television Environment, Kimberlianne Podlas

Cardozo Journal of Equal Rights & Social Justice

The article examines the legal and practical challenges of ensuring accessibility for individuals with sensory impairments in the contemporary television landscape, highlighting gaps in current regulations and the role of voluntary industry efforts in advancing accessibility. It argues that while laws like the Twenty-First Century Communications and Video Accessibility Act (CVAA) and the Americans with Disabilities Act (ADA) provide a framework for accessibility, they fail to comprehensively address the complexities of modern streaming platforms and digital services. The analysis emphasizes the importance of both regulatory expansion and industry-led initiatives to achieve equitable access for all viewers.