Identity And Narrative: Turning Oppression Into Client Empowerment In Social Security Disability Cases,
2015
University of Miami School of Law
Identity And Narrative: Turning Oppression Into Client Empowerment In Social Security Disability Cases, Jonel Newman
Articles
No abstract provided.
Laissez Fair:The Case For Alternative Litigation Funding And Assignment Of Lawsuit Proceeds In Georgia,
2015
University of Georgia School of Law
Laissez Fair:The Case For Alternative Litigation Funding And Assignment Of Lawsuit Proceeds In Georgia, David T. Adams
Georgia Law Review
This Note discusses the value of alternative litigation funding (ALF) and the legal challenges affecting the ALF industry in Georgia. More specifically, it identifies a way to maximize ALF's benefits for plaintiffs with personal tort and employment discrimination claims. Tort victims who are rendered incapable of working, and employees who have lost jobs because of workplace discrimination or retaliation,face immediate financial burdens-they may be unable to afford food, housing, health care, transportation, and other necessities. This economic pressure often forces plaintiffs to settle quickly for less than the value of the harm inflicted. But ALF companies offer a workable solution …
Assumed Sane,
2015
University of Nevada, Las Vegas -- William S. Boyd School of Law
Assumed Sane, Fatma Marouf
Scholarly Works
In 2014, the Board of Immigration Appeals (BIA) held in Matter of G-G-S- that a noncitizen’s mental health status at the time of an offense is irrelevant to determining whether the offense is a “particularly serious crime” for immigration purposes. Since a “particularly serious crime” is a bar to asylum and withholding of removal, it can result in a noncitizen’s deportation to a country where he or she faces a serious risk of persecution. In deciding that immigration judges “are constrained by how mental health issues were addressed as part of the criminal proceedings,” the BIA failed to recognize the …
Medicaid At 50: No Longer Limited To The "Deserving" Poor?,
2015
University of Nevada, Las Vegas -- William S. Boyd School of Law
Medicaid At 50: No Longer Limited To The "Deserving" Poor?, David Orentlicher
Scholarly Works
Professor David Orentlicher considers the significance of the passage of the Affordable Care Act on the Medicaid program. He discusses the expansion of the program's recipients from merely children, pregnant women, single caretakers of children, and disabled persons to all persons up to 138% of the federal poverty level. Professor Orentlicher argues that the Medicaid expansion reflects concerns about the high costs of health care rather than an evolution in societal thinking about the "deserving" poor. As a result, the expansion may not provide a stable source of health care coverage for the expansion population.
Discrimination Cases Of The 2002 Term,
2014
Touro Law Center
Discrimination Cases Of The 2002 Term, Eileen Kaufman
Touro Law Review
No abstract provided.
Mandated Reassignment For The Minimally Qualified,
2014
West Virginia University College of Law
Mandated Reassignment For The Minimally Qualified, Edward Hood Dawson Iii
West Virginia Law Review
No abstract provided.
Paid Family Leave,
2014
Student
Paid Family Leave, Rachel-Lyn Longo, Shanna Pearson-Merkowitz
Senior Honors Projects
Paid Family Leave policies are rare in the United States. Around the world, one hundred and eighty-two countries provide some form of paid maternity leave, and seventy countries also offer paid paternity leave. It is estimated that only 36 percent of U.S. employees have access to paid leave if they get sick, a policy that is almost universal in other developed countries, and only 12 percent of employees have access to paid family leave. Presently, just three states have implemented Paid Family Leave (PFL) to help offset the cost of time taken off of work to care for a newborn …
Partnerships In Employment: What Matters Most: Research On Elevating Parent Expectations, Tash Town Hall, December 2014,
2014
Vanderbilt University
Partnerships In Employment: What Matters Most: Research On Elevating Parent Expectations, Tash Town Hall, December 2014, Erik W. Carter, Thinkwork! At The Institute For Community Inclusion At Umass Boston
All Institute for Community Inclusion Publications
The brief goes into detail about the most powerful force in changing transition outcomes for young people with significant disabilities. This brief explains this force is not ultimately found in the transition plans we craft, the educational services we offer, the instruction we provide, or the systems we build, but rather in the expectations and aspirations individual parents hold for their sons and daughters.
Bright "Idea" Or Missing The Mark? The Third Circuit Restricts Reimbursement For Residential Placement Under The Individuals With Disabilities Education Act,
2014
Villanova University Charles Widger School of Law
Bright "Idea" Or Missing The Mark? The Third Circuit Restricts Reimbursement For Residential Placement Under The Individuals With Disabilities Education Act, Nicole Pedi
Villanova Law Review (1956 - )
No abstract provided.
Social Support Substitution And The Earnings Rebound: Evidence From A Regression Discontinuity In Disability Insurance Reform,
2014
Maastricht University
Social Support Substitution And The Earnings Rebound: Evidence From A Regression Discontinuity In Disability Insurance Reform, Lex Borghans, Anne C. Gielen, Erzo F. P. Luttmer
Dartmouth Scholarship
We exploit a cohort discontinuity in the stringency of Dutch disability reforms to estimate the effects of decreased DI (disability insurance) generosity on behavior of existing recipients. We find evidence of social support substitution: individuals on average offset €1.00 of lost DI benefits by collecting €0.30 more from other social assistance programs, but this benefit-substitution effect declines over time. Individuals also exhibit a rebound in earnings: earnings increase by €0.62 on average per euro of lost DI benefits and this effect remains roughly constant over time. This is strong evidence of substantial remaining earnings capacity among long-term claimants of DI.
Summers V. Altarum: Broadening The Definition Of Disability Under The Ada, And The Impact O The New Definition On Employers,
2014
North Carolina Central University School of Law
Summers V. Altarum: Broadening The Definition Of Disability Under The Ada, And The Impact O The New Definition On Employers, Sidney Minter
North Carolina Central Law Review
No abstract provided.
Exception Perception: The Third Circuit's Strict View Of The Exceptions To The Statute Of Limitations Under The Individuals With Disabilities Education Act,
2014
Villanova University Charles Widger School of Law
Exception Perception: The Third Circuit's Strict View Of The Exceptions To The Statute Of Limitations Under The Individuals With Disabilities Education Act, Samantha Peruto
Villanova Law Review (1956 - )
No abstract provided.
Mitigating The Impact Of Title Vii's New Retaliation Standard: The Americans With Disabilities Act After University Of Texas Southwestern Medical Center V. Nassar,
2014
William & Mary Law School
Mitigating The Impact Of Title Vii's New Retaliation Standard: The Americans With Disabilities Act After University Of Texas Southwestern Medical Center V. Nassar, August T. Johannsen
William & Mary Law Review
No abstract provided.
Equality And The European Union,
2014
Seton Hall University School of Law
Equality And The European Union, Elizabeth F. Defeis
Georgia Journal of International & Comparative Law
No abstract provided.
Evading Promises: The Promise Of Equality Under U.S. Disability Law And How The United Nations Convention On The Rights Of Persons With Disabilities Can Help,
2014
University of Georgia School of Law
Evading Promises: The Promise Of Equality Under U.S. Disability Law And How The United Nations Convention On The Rights Of Persons With Disabilities Can Help, Rachel H. Hinckley
Georgia Journal of International & Comparative Law
No abstract provided.
Subminimum Or Subpar? A Note In Favor Of Repealing The Fair Labor Standards Act's Subminimum Wage Program,
2014
Seattle University School of Law
Subminimum Or Subpar? A Note In Favor Of Repealing The Fair Labor Standards Act's Subminimum Wage Program, Melia Preedy
Seattle University Law Review
This Note argues for the repeal of Section 14(c) of the Fair Labor Standards Act (FLSA), which continues to perpetuate a system allowing employers to pay less than minimum, or “subminimum,” wage to certain employees with disabilities. The Section 14(c) program is a relic of policy leftover from the 1930s and does not help the disabled community, but rather rests on the presumption that persons with disabilities never progress. In light of recent House Resolution 3086, Congress went against the current trend of encouraging maximum independence and equal opportunities for persons with disabilities and instead upheld the subminimum wage program; …
The Trouble With Protecting The Vulnerable: Proposals To Prevent Developmentally Disabled Individuals From Giving Involuntary Waivers And False Confessions,
2014
Hamline University
The Trouble With Protecting The Vulnerable: Proposals To Prevent Developmentally Disabled Individuals From Giving Involuntary Waivers And False Confessions, Patricia Devoy
Hamline Law Review
abstract
Fixing Disability Courts,
2014
Pepperdine University
Fixing Disability Courts, D. Randall Frye
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
California Year In Review: 2013 Special Education Alj Decisions,
2014
Pepperdine University
California Year In Review: 2013 Special Education Alj Decisions, Ruth Colker
Journal of the National Association of Administrative Law Judiciary
This article reviews 74 special education cases decided by California ALJs between January 1, 2013 and December 11, 2013. The author concludes that the ALJs provided stingy relief even when students prevailed, there was often unsuccessful litigation on behalf of a student following the termination of a consent decree or court order, many of the cases reflected negative attitudes towards the mothers of the student, and school districts often preferred more restrictive placements than the parent/student. Not surprisingly, students faced very unfavorable outcomes when they were not represented by a lawyer.
"All His Sexless Patients": Persons With Mental Disabilities And The Competence To Have Sex,
2014
University of Washington School of Law
"All His Sexless Patients": Persons With Mental Disabilities And The Competence To Have Sex, Michael L. Perlin, Alison J. Lynch
Washington Law Review
In this Article, we consider these attitudes while seeking to answer the following questions: • In this area of law and policy, is there any unitary definition of competence? • Are there certain factors that must be considered in determining “sexual competence”? • How does domestic law and policy relate to issues of sexual competence, and does it impact how we should approach these issues? • What are the international human rights law and therapeutic jurisprudence implications of the answers to these questions? In Part I, we will discuss competence to engage in sexual activity in matters involving persons with …
