Numerical Goals For Employment Of People With Disabilities By Federal Agencies And Contractors,
2015
DePaul University College of Law
Numerical Goals For Employment Of People With Disabilities By Federal Agencies And Contractors, Mark Weber
College of Law Faculty
This essay discusses recent developments concerning numerical goals for employing workers with disabilities by federal agencies and federal contractors. On May 15, 2014, the Equal Employment Opportunity Commission issued an Advance Notice of Proposed Rulemaking asking for comments about, among other things, placing on federal agencies numerical employment goals for individuals with disabilities. On September 24, 2013, the Office of Federal Contract Compliance Programs adopted a Final Rule that imposed on federal contractors a numerical utilization goal for employees with disabilities, a regulation that the Circuit Court of Appeals for the District of Columbia upheld against challenge in 2014. A …
Every Day Counts: Proposals To Reform The Idea's Due Process Structure,
2015
The University of Akron
Every Day Counts: Proposals To Reform The Idea's Due Process Structure, Elizabeth Shaver
Akron Law Faculty Publications
It is a core principle of special education legislation that the parents of children with disabilities can challenge the child’s educational programming through an administrative due process hearing. Yet, for years the special education due process structure has been criticized as inefficient, anti-collaborative, and prohibitively expensive. Those criticisms have given rise to widely varying proposals to reform special education due process, proposals that range from adding certain alternative dispute resolution mechanisms to a wholesale replacement of the due process structure. This article provides a comprehensive analysis of special education dispute resolution. The article first examines the lively debate among scholars …
What Patients With Disability Teach Us About The Everyday Ethics Of Healthcare,
2015
University of Washington School of Law
What Patients With Disability Teach Us About The Everyday Ethics Of Healthcare, Elizabeth Pendo
Articles
In Healers: Extraordinary Clinicians at Work, by David Schenck and Dr. Larry Churchill, and in What Patients Teach: The Everyday Ethics of Health Care, their follow-up with Joseph Fanning, the authors look at the everyday experience of health care and the relationships that shape it. They call attention to the ethical dimensions of the clinical encounter and the hope for, and desirability of, a genuine human engagement between the clinician and the patient. In their view, healers are clinicians who cultivate a therapeutic relationship with their patients. They identify a set of skills that accomplish this, including welcoming …
Disparate Impact And Pregnancy: Title Vii's Other Accommodation Requirement,
2015
American University Washington College of Law
Disparate Impact And Pregnancy: Title Vii's Other Accommodation Requirement, Camille Hébert
American University Journal of Gender, Social Policy & the Law
No abstract provided.
The Ada And The Supreme Court: A Mixed Record,
2015
University of Michigan Law School
The Ada And The Supreme Court: A Mixed Record, Samuel R. Bagenstos
Articles
According to conventional wisdom, the Supreme Court has resisted the Americans with Disabilities Act (ADA) at every turn. The Court, the story goes, has read the statute extremely narrowly and, as a result, stripped away key protections that Congress intended to provide. Its departure from congressional intent, indeed, was so extreme that Congress passed a statute that overturned several key decisions and codified broad statutory protections. That statute, the ADA Amendments Act of 2008 (ADAAA). passed with widespread bipartisan support, and President George W. Bush signed it into law. The conventional wisdom leaves out a major part of the story. …
The Disability Cliff,
2015
University of Michigan Law School
The Disability Cliff, Samuel R. Bagenstos
Articles
We’re pretty good about caring for our disabled citizens—as long as they’re children. It’s time to put equal thought into their adulthoods.
Withdrawn Accommodations,
2015
William & Mary Law School
Withdrawn Accommodations, Nicole Buonocore Porter
Faculty Publications
This Article addresses a phenomenon that often arises in reasonable accommodation cases under the Americans with Disabilities Act, a phenomenon I call “withdrawn accommodations.” This occurs when an employer has agreed to provide an accommodation to an employee with a disability and then later withdraws the accommodation. Employers might withdraw accommodations for a couple of reasons. First, an employer might withdraw an accommodation because it finds out that the employee’s need for the accommodation is permanent, rather than temporary, as the employer might have first believed. Second, a new supervisor might arrive on the scene, and decide to withdraw a …
Self-Perception Of Disability And Prospects For Employment Among U.S. Veterans,
2015
William & Mary Law School
Self-Perception Of Disability And Prospects For Employment Among U.S. Veterans, Christopher L. Griffin Jr., Michael Ashley Stein
Faculty Publications
No abstract provided.
What Disability Means To Me: When The Personal And Professional Collide,
2015
William & Mary Law School
What Disability Means To Me: When The Personal And Professional Collide, Nicole Buonocore Porter
Faculty Publications
No abstract provided.
The Difficulty Accommodating Health Care Workers,
2015
William & Mary Law School
The Difficulty Accommodating Health Care Workers, Nicole Buonocore Porter
Faculty Publications
I argue that accommodating health care workers is difficult, perhaps more difficult than accommodating other workers, and I explain why. First, in Part II, I will describe the characteristics of health care jobs that make those jobs difficult for individuals with disabilities. These characteristics include: (1) most health care jobs are physically rigorous, often involving heavy lifting, pushing, and walking and standing for long periods of time; (2) most health care jobs involve long hours and/or shift work; and (3) the majority of jobs in the health care industry are safety-sensitive positions, with life or death often hanging in the …
Law And People With Disabilities,
2015
University of Baltimore School of Law
Law And People With Disabilities, Janet E. Lord, Deepti S. Raja, Peter Blanck
All Faculty Scholarship
This article describes the progressive development of disability law, particularly in light of international developments that are transforming domestic disability law frameworks. It provides an overview of the conceptualization of disability in law, charting the shift from a medical model to a social model of disability and more recently to a human rights model. The abstract covers the implications of the Convention on the Rights of Persons with Disabilities (CRPD), and the processes and approaches for translating international disability law standards into national level law. It sheds light on the contemporary disability rights landscape in the light of dramatic legislative …
The Americans With Disabilities Act At 25: The Highest Expression Of American Values,
2015
Georgetown University Law Center
The Americans With Disabilities Act At 25: The Highest Expression Of American Values, Lawrence O. Gostin
Georgetown Law Faculty Publications and Other Works
Enacted in 1990, the Americans with Disabilities Act (ADA) is a watershed piece of legislation which enshrines in law a social promise of equality and inclusion into all facets of life, while offering an inspiring model that much of the world has come to embrace. This editorial launches JAMA’s theme issue on the 25th anniversary of the ADA by detailing the Act’s history, main provisions, and far-reaching impacts on health, providing a context for the three Original Investigations and six scholarly Viewpoints that make up the theme issue. The editorial begins with a discussion of the ADA’s history, highlighting …
Promises Kept, Promises Broken, Promises Deferred: The Americans With Disabilities Act,
2015
American University Washington College of Law
Promises Kept, Promises Broken, Promises Deferred: The Americans With Disabilities Act, Robert Dinerstein
Scholarly Articles in Law Reviews & Journals
This article, which is part of a 25th anniversary symposium on the ADA's impact on people with intellectual and developmental disabilities, argues that although the ADA has led to some demonstrable improvements in the lives of people with intellectual disabilities, in some areas it has been disappointing (especially because of well-known restrictive court decisions or unrealistic expectations of what the ADA could achieve), while in still other areas the success of the ADA is still "to be determined." The ADA cannot by itself eliminate stigma against people with disabilities, and it is up to advocates to push for judicial and …
A Government Success Story: How Data Analysis By The Social Security Appeals Council (With A Push From The Administrative Conference Of The United States) Is Transforming Social Security Disability Adjudication,
2015
American University Washington College of Law
A Government Success Story: How Data Analysis By The Social Security Appeals Council (With A Push From The Administrative Conference Of The United States) Is Transforming Social Security Disability Adjudication, Jeffrey Lubbers, Gerald K. Ray
Scholarly Articles in Law Reviews & Journals
This Article for the special issue on the Administrative Conference of the United States ("ACUS") focuses on how a collaboration between ACUS and the Social Security Administration ("SSA") has helped SSA use data analysis to bring about significant improvements in the quality and consistency of disability case review. SSA's efforts to closely analyze numerous data points in the disability adjudication process (encouraged by ACUS recommendations) have produced information that has led to breakthroughs in how training is provided and feedback is given to Administrative Law Judges and other key staff, which has in turn led to improved productivity and accuracy …
'Love Is Just A Four-Letter Word': Sexuality, International Human Rights, And Therapeutic Jurisprudence,
2015
New York Law School
'Love Is Just A Four-Letter Word': Sexuality, International Human Rights, And Therapeutic Jurisprudence, Michael L. Perlin, Alison Lynch
Articles & Chapters
One of the most controversial social policy issues that remains dramatically underdiscussed in scholarly literature is the sexual autonomy of persons with psychosocial and intellectual disabilities, especially those who are institutionalized. This population – always marginalized and stigmatized – has traditionally faced a double set of conflicting prejudices: on one hand, people with disabilities are infantilized (as not being capable of having the same range of sexual desires, needs and expectations as persons without disabilities), and on the other, this population is demonized (as being hypersexual, unable to control base or primitive urges). Although attitudes about the abilities and capabilities …
Forensic Psychiatry And The Law: Litigation, Advocacy, Scholarship And Teaching,
2015
New York Law School
Forensic Psychiatry And The Law: Litigation, Advocacy, Scholarship And Teaching, Michael L. Perlin
Articles & Chapters
No abstract provided.
There's A Dyin Voice Within Me Reaching Out Somewhere: How Tj Can Bring Voice To The Teaching Of Mental Disability Law And Criminal Law,
2015
New York Law School
There's A Dyin Voice Within Me Reaching Out Somewhere: How Tj Can Bring Voice To The Teaching Of Mental Disability Law And Criminal Law, Michael L. Perlin
Articles & Chapters
In this article, I discuss my historical involvement with therapeutic jurisprudence (TJ), how I use it in my classes (both in the free-standing TJ class and in all the others that I teach), its role in my written scholarship, and its role in conferences that I regularly attend. Although this is all positive and supportive of all efforts to widen the appeal of TJ as well as its applicability in the classroom, in scholarship and in “real life,” I also share some information that is far from optimistic with regard to the way that TJ is being reacted to by …
You Might Have Drugs At Your Command: Reconsidering The Forced Drugging Of Incompetent Pre-Trial Detainnes From The Perspectives Of International Human Rights And Income Inequality,
2015
New York Law School
You Might Have Drugs At Your Command: Reconsidering The Forced Drugging Of Incompetent Pre-Trial Detainnes From The Perspectives Of International Human Rights And Income Inequality, Michael L. Perlin, Meredith Schriver
Articles & Chapters
Ever since the Supreme Court's 2003 decision in Sell v. United States, 539 U.S. 166 (2003), there has been a cottage industry of commentary on the question of whether the state can medicate an incompetent defendant for the purpose of making him or her competent to stand trial. Moreover, there have been multiple cases interpreting Sell broadly and narrowly, both in the context of medication issues and in the context of other treatments. Because of the vagueness of certain terminology, questions such as what a "serious" crime is, what "substantially" meant to the Court in Sell, and how the least …
I Expected It To Happen/I Knew He'd Lost Control: The Impact Of Ptsd On Criminal Sentencing After The Promulgation Of Dsm-5,
2015
New York Law School
I Expected It To Happen/I Knew He'd Lost Control: The Impact Of Ptsd On Criminal Sentencing After The Promulgation Of Dsm-5, Michael L. Perlin
Articles & Chapters
The adoption by the American Psychiatric Association of DSM-5 significantly changes (and in material ways, expands) the definition of post-traumatic stress disorder (PTSD), a change that raises multiple questions that need to be considered carefully by lawyers, mental health professionals, advocates and policy makers.
My thesis is that the expansion of the PTSD criteria in DSM-5 has the potential to make significant changes in legal practice in all aspects of criminal procedure, but none more so than in criminal sentencing. I believe that if courts treat DSM 5 with the same deference with which they have treated earlier versions of …
Creating A Building A Disability Rights Information Center For Asia And The Pacific Clinic: Of Pedagogy And Social Justice,
2015
New York Law School
Creating A Building A Disability Rights Information Center For Asia And The Pacific Clinic: Of Pedagogy And Social Justice, Michael L. Perlin, Catherine Barreda, Katherine Davies, Mehgan Gallagher, Nicole Israel, Stephanie Mendelsohn
Articles & Chapters
No abstract provided.
