Summary Judgement In Employment Discrimination Cases In The Eastern District Of New York,
2016
Touro University Jacob D. Fuchsberg Law Center
Summary Judgement In Employment Discrimination Cases In The Eastern District Of New York, Peter J. Ausili
Touro Law Review
No abstract provided.
How To Screen For Success In Employment Law Cases,
2016
Touro University Jacob D. Fuchsberg Law Center
How To Screen For Success In Employment Law Cases, Robert M. Rosen
Touro Law Review
No abstract provided.
Strategic Evidence Issues In Equal Employment Litigation,
2016
Touro University Jacob D. Fuchsberg Law Center
Strategic Evidence Issues In Equal Employment Litigation, Marc Rosenblum
Touro Law Review
No abstract provided.
Matter Of Kevin M.,
2016
Touro University Jacob D. Fuchsberg Law Center
Special Treatment Stigma After The Ada Amendments Act,
2016
Pepperdine University
Special Treatment Stigma After The Ada Amendments Act, Nicole Buonocore Porter
Pepperdine Law Review
This article explores a unique source of stigma suffered by individuals with disabilities in the workplace. Instead of focusing on those with the most stigmatizing disabilities, I focus on those individuals who have disabilities that are not perceived as very severe, yet they still suffer stigma. These individuals are stigmatized because of the special treatment they receive (or are perceived as receiving) through workplace accommodations provided pursuant to the Americans with Disabilities Act (ADA). In prior work, I have called this phenomenon “special treatment stigma,” the harm that arises from receiving special treatment in the workplace, especially when co-workers believe …
Trending @ Rwu Law: Dean Yelnosky's Post: United States Court Of Appeals For Veterans Claims Visits Rwu Law: 03-03-2016,
2016
Roger Williams University School of Law
Trending @ Rwu Law: Dean Yelnosky's Post: United States Court Of Appeals For Veterans Claims Visits Rwu Law: 03-03-2016, Michael Yelnosky
Law School Blogs
No abstract provided.
From Mainstreaming To Marginalization? Idea's De Facto Segregation Consequences And Prospects For Restoring Equity In Special Education,
2016
University of Richmond
From Mainstreaming To Marginalization? Idea's De Facto Segregation Consequences And Prospects For Restoring Equity In Special Education, Kerrigan O'Malley
Law Student Publications
As a basic construct for recommending measures to correct the prevailing inequities in special education, this comment examines the de facto segregation impact IDEA stemming from the Supreme Court's interpretive rulings and from the Act's own enforcement norms. The analysis further identifies the equality compromising consequences of specific IDEA provisions and considers prospects for restoring equity to special needs service delivery in these areas, with a particular focus on tuition reimbursement for private school. Respecting the historical alignment of the law of race discrimination in education and the law of disability education rights, the analysis identifies inequities that prevail at …
"No Handicapped People Allowed": The Need For Objective Accessibiity Standards Under The Fair Housing Act,
2016
University of Washington School of Law
"No Handicapped People Allowed": The Need For Objective Accessibiity Standards Under The Fair Housing Act, Michael J. Jeter
Washington Law Review
The Fair Housing Act (FHA or the Act) sets forth accessibility requirements that housing developers must meet, but the Act does not contain objective performance standards for satisfying those requirements. This omission creates substantial barriers in housing opportunities for persons with disabilities. For example, the FHA mandates that doors must be wide enough to allow passage of wheelchair users, but it does not provide measurements for door width. The United States Department of Housing and Urban Development (HUD) has attempted to use ten model building codes or “safe harbors” from its regulations as minimal objective standards for accessibility. HUD and …
From Mainstreaming To Marginalization?--Idea's De Facto Segregation Consequences And Prospects For Restoring Equity In Special Education,
2016
University of Richmond School of Law
From Mainstreaming To Marginalization?--Idea's De Facto Segregation Consequences And Prospects For Restoring Equity In Special Education, Kerrigan O'Malley
University of Richmond Law Review
Part I of this comment provides an overview of IDEA provisions and implementation regulations followed by a review of judicial interpretations in landmark IDEA service delivery cases, specifically the Supreme Court's Rowley ruling. Drawing upon both le-gal and educational scholarship, this analysis then assesses how IDEA's aspirational equality goals ultimately devolved into de facto segregation in special education. Part II considers factors resulting from the Supreme Court's tuition reimbursement rulings that trend away from IDEA's original equality purpose and integration preference to compromise equality in four ways: creating a means-based bias in private school placement; undermining IDEA's cooperative paradigm and …
The Effects Of Allergies And Anaphylaxis On The Body And Mind: A Survey Of Opinions And Knowledge On These Disorders,
2016
Augustana College, Rock Island Illinois
The Effects Of Allergies And Anaphylaxis On The Body And Mind: A Survey Of Opinions And Knowledge On These Disorders, Kathryn E. O'Brien
Honors Program: Student Scholarship & Creative Works
Despite common knowledge, allergies and anaphylaxis are considered disabilities. As such, these disorders affect the daily lives of those who have them, including one's mental health. In this paper, all the nuances of allergies and anaphylaxis will be discussed as the etiology and scientific aspects of allergies, anaphylaxis, and hypersensitivity are distinguished from one another. Furthermore, the findings are reported from two surveys; an assessment of how well educated and prepared teachers are for students with allergies and whether other students with food allergies have had similar experiences to the author's and those described in research by other studies concerning …
Politically Correct Eugenics,
2016
Barry University
Politically Correct Eugenics, Seema Mohapatra
Faculty Scholarship
No abstract provided.
Vexatious Litigants And The Ada: Strategies To Fairly Address The Need To Improve Access For Individuals With Disabilities,
2016
Barry University
Vexatious Litigants And The Ada: Strategies To Fairly Address The Need To Improve Access For Individuals With Disabilities, Helia Garrido Hull
Faculty Scholarship
No abstract provided.
Use Of Facial Recognition Technology For Medical Purposes: Balancing Privacy With Innovation,
2016
Barry University
Use Of Facial Recognition Technology For Medical Purposes: Balancing Privacy With Innovation, Seema Mohapatra
Faculty Scholarship
No abstract provided.
"Outsmarting" Death By Putting Capital Punishment On Life Support: The Need For Uniform State Evaulations Of The Intellectually Disabled In The Wake Of Hall V. Florida,
2016
Brooklyn Law School
"Outsmarting" Death By Putting Capital Punishment On Life Support: The Need For Uniform State Evaulations Of The Intellectually Disabled In The Wake Of Hall V. Florida, Taylor B. Dougherty
Brooklyn Law Review
While the Supreme Court has yet to hold capital punishment per se unconstitutional, the Court has exempted certain groups of individuals from being eligible for capital punishment, due to concerns about the protection against cruel and unusual punishment provided for in the 8th Amendment. One such group is individuals who are intellectually disabled (the term which replaced the long-used mental retardation). But in exempting such individuals from capital punishment in its decision in Atkins v. Virginia, the Court left it to the states to establish metrics for determining which defendants are in fact intellectually disabled so as to warrant …
Towards Reasonable: The Rise Of State Pregnancy Accommodation Laws,
2016
Seton Hall University School of Law
Towards Reasonable: The Rise Of State Pregnancy Accommodation Laws, Stephanie A. Pisko
Michigan Journal of Gender & Law
In light of the recent Supreme Court decision Young v. UPS, pregnancy accommodation in the workplace is once again at the forefront of employment law. Pregnancy is not considered a disability under the ADA, nor is it within the scope of Title VII protections, but states are passing their own pregnancy accommodation laws. These laws will affect employers and employees alike, but exactly how is uncertain. Perhaps the most natural (and obvious) result of the explosion of state pregnancy accommodation laws will be a federal law, or an amendment to the ADA categorizing pregnancy as a disability. But there …
Not Just Horsing Around: Providing A Free And Appropriate Public Education By Deeming Hippotherapy To Be The "Basic Floor Of Opportunity" For Children With Cerebral Palsy,
2016
University of Kentucky
Not Just Horsing Around: Providing A Free And Appropriate Public Education By Deeming Hippotherapy To Be The "Basic Floor Of Opportunity" For Children With Cerebral Palsy, Elizabeth A. Beal
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
The Need For Better Medical Evidence In Va Disability Compensation Cases And The Argument For More Medical-Legal Partnerships,
2016
Stetson University College of Law
The Need For Better Medical Evidence In Va Disability Compensation Cases And The Argument For More Medical-Legal Partnerships, Stacey-Rae Simcox
South Carolina Law Review
No abstract provided.
"Your Corrupt Ways Had Finally Made You Blind": Prosecutorial Misconduct And The Use Of "Ethnic Adjustments" In Death Penalty Cases Of Defendants With Intellectual Disabilities,
2016
New York Law School
"Your Corrupt Ways Had Finally Made You Blind": Prosecutorial Misconduct And The Use Of "Ethnic Adjustments" In Death Penalty Cases Of Defendants With Intellectual Disabilities, Michael L. Perlin
American University Law Review
No abstract provided.
Are Intellectually Disabled Individuals Still At Risk Of Capital Punishment After Hall V. Florida? The Need For A Totality-Of-The-Evidence Test To Protect Human Rights In Determining Intellectual Disability,
2016
University of Oklahoma College of Law
Are Intellectually Disabled Individuals Still At Risk Of Capital Punishment After Hall V. Florida? The Need For A Totality-Of-The-Evidence Test To Protect Human Rights In Determining Intellectual Disability, Ruthie Stevens
Oklahoma Law Review
No abstract provided.
Family Law–Providing For Those Who Cannot Provide For Themselves: A Proposal For The Arkansas General Assembly To Follow In The Footsteps Of An Already Expansive Guardianship Law And Grant Guardians The Right To File For Divorce On Behalf Of A Ward,
2016
University of Arkansas Little Rock
Family Law–Providing For Those Who Cannot Provide For Themselves: A Proposal For The Arkansas General Assembly To Follow In The Footsteps Of An Already Expansive Guardianship Law And Grant Guardians The Right To File For Divorce On Behalf Of A Ward, Matthew L. Brunson
University of Arkansas at Little Rock Law Review
No abstract provided.
