Perspectives On The Meaning Of "Disability",
2016
S.J. Quinney College of Law, University of Utah
Perspectives On The Meaning Of "Disability", Leslie Francis, Anita Silvers
Utah Law Faculty Scholarship
The meaning of “disability” has shifted with changes in public policy. Half a century ago, Congress was convinced that narrow determinations of disability are easy for physicians to make. But with the advent of universal civil rights protection against disability discrimination in the US, deciding whether particular individuals are disabled became increasingly contentious, until Congress intervened. What should now be addressed in each case is not whether the functionally compromised person is severely disabled enough to exercise a right, but whether mitigating interventions and reasonable accommodations can together achieve equitable access for that person.
Technical Standards And Lawsuits Involving Accommodations For Health Professions Students,
2016
University of Michigan Law School
Technical Standards And Lawsuits Involving Accommodations For Health Professions Students, Samuel R. Bagenstos
Articles
This article will discuss the legal obligations of medical schools to accommodate applicants and students with disabilities. The article begins by describing the problem of denial of medical education to such students, a problem that results from both discrimination in admissions and denial of accommodations to incumbent students with disabilities. The article then discusses the disability rights legislation that prohibits discrimination against—and requires reasonable accommodation of—qualified medical students with disabilities. It concludes by reviewing a number of lawsuits involving requests for accommodation and how disability rights law was applied in those cases.
Bullying And The Individuals With Disabililities Education Act (Idea): A Framework For Provising Relief To Students With Disabilities,
2016
Benjamin N. Cardozo School of Law
Bullying And The Individuals With Disabililities Education Act (Idea): A Framework For Provising Relief To Students With Disabilities, Sarah H. Ganley
Cardozo Law Review
No abstract provided.
The Silence After The Beep: Envisioning An Emergency Information System To Serve The Visually Impaired,
2016
Duke Law
The Silence After The Beep: Envisioning An Emergency Information System To Serve The Visually Impaired, Elana Reman
Duke Law & Technology Review
Due to a series of legal and regulatory setbacks, media accessibility regulations for consumers who are blind and visually impaired have lagged significantly behind those for deaf individuals. Until April 2014, when the Federal Communications Commission’s Emergency Information Order took effect, blind consumers were left “in the dark” when their safety mattered most—during weather emergencies—because visual emergency information displayed in the on-screen crawl during television programming was not accessible in an aural format. The Commission now mandates that this information be provided in an aural form through the secondary audio stream for linear programming viewed on televisions and mobile devices …
Section 5: Civil Rights And Liberties,
2016
William & Mary Law School
Section 5: Civil Rights And Liberties, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
From Integrationism To Equal Protection: Tenbroek And The Next 25 Years Of Disability Rights,
2016
University of Michigan Law School
From Integrationism To Equal Protection: Tenbroek And The Next 25 Years Of Disability Rights, Samuel R. Bagenstos
Articles
If there is one person who we can say is most responsible for the legal theory of the disability rights movement, that person is Jacobus tenBroek. Professor tenBroek was an influential scholar of disability law, whose writings in the 1960s laid the groundwork for the disability rights laws we have today. He was also an influential disability rights activist. He was one of the founders and the president for more than two decades of the National Federation of the Blind, one of the first-and for many years undisputedly the most effective-of the organizations made up of people with disabilities that …
Anti-Incarcerative Remedies For Illegal Conditions Of Confinement,
2016
University of Miami Law School
Anti-Incarcerative Remedies For Illegal Conditions Of Confinement, Margo Schlanger
University of Miami Race & Social Justice Law Review
No abstract provided.
Cracking The Code: Implementing Internet Accessibility Through The Americans With Disabilities Act,
2016
Benjamin N. Cardozo School of Law
Cracking The Code: Implementing Internet Accessibility Through The Americans With Disabilities Act, Carly Schiff
Cardozo Law Review
No abstract provided.
2016 Cardozo Public Law, Policy, And Ethics Journal Symposium,
2016
Yeshiva University, Cardozo School of Law
2016 Cardozo Public Law, Policy, And Ethics Journal Symposium
Cardozo Public Law, Policy & Ethics Journal
No abstract provided.
Save The Social Security Disability Trust Fund! And Reduce Ssi Exposure To The General Fund,
2016
Pepperdine University
Save The Social Security Disability Trust Fund! And Reduce Ssi Exposure To The General Fund, Daniel F. Solomon
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Adjudicasaurus Rex,
2016
Pepperdine University
Adjudicasaurus Rex, Jeffrey S. Wolfe
Journal of the National Association of Administrative Law Judiciary
This article proposes a simple theme. While many issues plague the Social Security Disability Insurance and Supplemental Security Income programs, only reform of the hearings and appeals process can solve the decades-long (and growing) hearings backlog. Only then, can the remaining questions regarding the solvency of the DI trust fund be meaningfully addressed. As it now stands, the ongoing backlog of pending hearings and appeals feeds the twin plagues of rising costs and increasing delay. These are the very issues that drove the federal courts in the passage of the Civil Justice Reform Act of 1990 (CJRA). This article provides …
Use Of Facial Recognition Technology For Medical Purposes: Balancing Privacy With Innovation,
2016
Pepperdine University
Use Of Facial Recognition Technology For Medical Purposes: Balancing Privacy With Innovation, Seema Mohapatra
Pepperdine Law Review
Imagine applying for a job, and as part of your application process, your prospective employer asks for a photograph. You, as an eager candidate, comply with the request and, unbeknownst to you, the employer runs your picture through a software program that scans you for any common genetic diseases and that estimates your longevity. Alas, your face indicates that you may die young. No job for you. Although this sounds like science fiction, we may not be that far off from this scenario. In June 2014, scientists from Oxford reported that they have developed a facial recognition program that uses …
Immigration And Disability In The United States And Canada,
2016
DePaul University College of Law
Immigration And Disability In The United States And Canada, Mark Weber
College of Law Faculty
Disability arises from the dynamic between people’s physical and mental conditions andthe physical and attitudinal barriers in the environment. Applying this idea aboutdisability to United States and Canadian immigration law draws attention to barriers toentry and eventual citizenship for individuals who have disabilities. Historically, NorthAmerican law excluded many classes of immigrants, including those with intellectualdisabilities, mental illness, physical defects, and conditions likely to cause dependency.Though exclusions for individuals likely to draw excessive public resources and thosewith communicable diseases still exist in Canada and the United States, in recent yearsthe United States permitted legalization for severely disabled undocumented immigrantsalready in the …
Able Act Accounts: Achieving A Better Life Experience For Individuals With Disabilities With Tax-Preferred Savings (And The Old Reliable Special And Supplemental Needs Trusts),
2016
Mitchell Hamline School of Law
Able Act Accounts: Achieving A Better Life Experience For Individuals With Disabilities With Tax-Preferred Savings (And The Old Reliable Special And Supplemental Needs Trusts), David A. Rephan, Joelle Groshek
Mitchell Hamline Law Review
No abstract provided.
The Practice Of Elder Law,
2016
Mitchell Hamline School of Law
The Practice Of Elder Law, Stuart C. Bear
Mitchell Hamline Law Review
No abstract provided.
Criminal And Adult Protection Financial Exploitation Laws In The United States: How Do The Statutes Measure Up To Existing Research?,
2016
Mitchell Hamline School of Law
Criminal And Adult Protection Financial Exploitation Laws In The United States: How Do The Statutes Measure Up To Existing Research?, Kevin E. Hansen, Jonathan Hampel, Sandra L. Reynolds, Iris C. Freeman
Mitchell Hamline Law Review
No abstract provided.
Practical Islamic Estate Planning: A Short Primer,
2016
Mitchell Hamline School of Law
Practical Islamic Estate Planning: A Short Primer, Imani Jaafar
Mitchell Hamline Law Review
No abstract provided.
The New Minnesota Trust Code: Out With (Most Of) The Old And In With (Most Of) The Utc,
2016
Mitchell Hamline School of Law
The New Minnesota Trust Code: Out With (Most Of) The Old And In With (Most Of) The Utc, Jennifer A. Maas
Mitchell Hamline Law Review
No abstract provided.
Person-Centered Guardianship: How The Rise Of Supported Decision-Making And Person-Centered Services Can Help Olmstead's Promise Get Here Faster,
2016
Mitchell Hamline School of Law
Person-Centered Guardianship: How The Rise Of Supported Decision-Making And Person-Centered Services Can Help Olmstead's Promise Get Here Faster, Sean Burke
Mitchell Hamline Law Review
No abstract provided.
Sending The Wrong Message: The Current State Of Minnesota Law Raises Multiple Barriers To Meaningful Resolution For Our Elder Population When Bringing Medical Malpractice Claims,
2016
Mitchell Hamline School of Law
Sending The Wrong Message: The Current State Of Minnesota Law Raises Multiple Barriers To Meaningful Resolution For Our Elder Population When Bringing Medical Malpractice Claims, Suzanne M. Scheller
Mitchell Hamline Law Review
No abstract provided.
