Federal Disability Discrimination Law And The Toxic Workplace: A Critique Of Ada And Section 504 Case Law Addressing Impairments Caused Or Exacerbated By The Work Environment,
2011
University of Idaho College of Law
Federal Disability Discrimination Law And The Toxic Workplace: A Critique Of Ada And Section 504 Case Law Addressing Impairments Caused Or Exacerbated By The Work Environment, John E. Rumel
Articles
No abstract provided.
Technology: Are You (And Your Vendors) Ahead Of, Or On The Curve?,
2011
American University Washington College of Law
Technology: Are You (And Your Vendors) Ahead Of, Or On The Curve?, Kenneth Hirsh, Sharon Krevor-Weisbaum, Gary Norman, Bryan Rapp
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Let's Disable Her Further, Shall We? The Cast Of Gender On Disability Rights In The Iranian Context,
2011
Osgoode Hall Law School of York University
Let's Disable Her Further, Shall We? The Cast Of Gender On Disability Rights In The Iranian Context, Hengameh Saberi
Articles & Book Chapters
No abstract provided.
The Underwhelming Impact Of The Americans With Disabilities Act Amendments Act,
2011
Michigan State University
The Underwhelming Impact Of The Americans With Disabilities Act Amendments Act, Stacy A. Hickox
University of Baltimore Law Review
The 2008 amendments to the Americans with Disabilities Act (ADA) were intended to expand the protection against discrimination for persons with disabilities beyond the Supreme Court's narrow interpretation of who is "disabled." While the amendments and the Equal Employment Opportunity Commission (EEOC) Americans with Disabilities Act Amendments Act (ADAAA) regulations address some of the Court's narrow interpretations of the ADA, lower courts may still be able to limit coverage of persons with disabilities who are still able to perform tasks that involve a major life activity, which is limited by their impairment, and persons who have impairments with temporary or …
Assessing Post-Ada Employment: Some Econometric Evidence And Policy Considerations,
2011
Duke Law School
Assessing Post-Ada Employment: Some Econometric Evidence And Policy Considerations, Christopher L. Griffin Jr., John J. Donohue Iii, Michael Ashley Stein, Sascha Becker
Faculty Scholarship
This article explores the relationship between the Americans with Disabilities Act (“ADA”) and the relative labor market outcomes for people with disabilities. Using individual-level longitudinal data from 1981 to 1996 derived from the previously unexploited Panel Study of Income Dynamics (“PSID”), we examine the possible effect of the ADA on (1) annual weeks worked; (2) annual earnings; and (3) hourly wages for a sample of 7120 unique male household heads between the ages of 21 and 65 as well as a subset of 1437 individuals appearing every year from 1981 to 1996. Our analysis of the larger sample suggests the …
Veterans Benefits In 2010: A New Dialogue Between The Supreme Court And The Federal Circuit,
2011
University of Florida Levin College of Law
Veterans Benefits In 2010: A New Dialogue Between The Supreme Court And The Federal Circuit, Paul R. Gugliuzza
American University Law Review
No abstract provided.
Perspective On Economic Critiques Of Disability Law: The Multifaceted Federal Role In Balancing Equity And Efficiency,
2011
Pace Law School
Perspective On Economic Critiques Of Disability Law: The Multifaceted Federal Role In Balancing Equity And Efficiency, Elizabeth Burleson
Elisabeth Haub School of Law Faculty Publications
Given the recent enactment of the ADA Amendments Act, this article analyzes a Rawlsian philosophical framework with which to view society's treatment of people with disabilities. Allocation of resources remains a pervasive concern of economists and attorneys alike. Need, merit, and market compete as means by which to decide who should receive what benefits. This article concludes that while economics can play a powerful role in the initial allocation of limited resources, there remains a multifaceted federal role to confront discrimination and promote equity.
Veterans Benefits In 2010: A New Dialogue Between The Supreme Court And The Federal Circuit,
2011
University of Florida Levin College of Law
Veterans Benefits In 2010: A New Dialogue Between The Supreme Court And The Federal Circuit, Paul R. Gugliuzza
UF Law Faculty Publications
The Supreme Court of the United States rarely grants certiorari in a veterans benefits case. Congress gave the United States Court of Appeals for the Federal Circuit exclusive jurisdiction over veterans appeals in 1988 but, until 2009, the Supreme Court had reviewed only two Federal Circuit veterans decisions. In the 2010 Term, however, the Court decided its second veterans case in less than two years. Although patent lawyers are familiar with a trend of increasing Supreme Court interest in the Federal Circuit’s work, little attention has been paid to the similar, albeit incipient, trend that may be emerging in the …
Statedata: The National Report On Employment Services And Outcomes,
2011
University of Massachusetts Boston
Statedata: The National Report On Employment Services And Outcomes, John Butterworth, Allison Cohen Hall, Frank Smith, Alberto Migliore, Jean Winsor, Jaimie Ciulla Timmons, Daria Domin
All Institute for Community Inclusion Publications
Policy shifts over the past 20 years have created an agenda for sustained commitment to integrated employment for individuals with disabilities. But despite these clear intentions, unemployment of individuals with disabilities continues to be a major public policy issue. Labor force statistics for December 2010 indicate that 28 percent of working-age adults with disabilities are employed, compared with 70 percent of people without disabilities. Labor force data also indicate that workers with disabilities have experienced significantly higher levels of job loss and hardship during the recession of the late 2000s. For people with intellectual and developmental disabilities (IDD), the disparity …
Data Note: State Intellectual And Developmental Disability Agencies' Service Trends,
2011
University of Massachusetts Boston
Data Note: State Intellectual And Developmental Disability Agencies' Service Trends, Jean E. Winsor, Frank A. Smith
Data Note Series, Institute for Community Inclusion
Since Fiscal Year 1988, the Institute for Community Inclusion has administered the National Survey of Day and Employment Programs for People with Developmental Disabilities to state Intellectual and Developmental Disability (IDD) Agencies. The work is funded by the Administration on Developmental Disabilities and is designed to describe the nature of day and employment services for individuals with intellectual and developmental disabilities.
Fragmented Lives: Disability Discrimination And The Role Of "Environment-Framing",
2011
Emory University School of Law
Fragmented Lives: Disability Discrimination And The Role Of "Environment-Framing", Ani B. Satz
Faculty Articles
This Article presents a novel theory that courts undermine the purpose of the Americans with Disabilities Act (ADA) by implicitly embracing environment-frames that disfavor disability protections. Courts employ environment-frames at two stages of judicial analysis under the Act: the disability eligibility and remedy stages. In determining whether a plaintiff is in the statutorily protected class, courts typically use a broad environment-frame to assess limitation of a "major life activity. " The larger the environment-frame, the more likely a court will view an individual as able to perform a major life activity in some portion of her environment and deny her …
A New Normative Approach For The Grant Of Asylum In Cases Of Non-State Actor Persecution,
2011
Benjamin N. Cardozo School of Law
A New Normative Approach For The Grant Of Asylum In Cases Of Non-State Actor Persecution, Mikhail Izrailev
Cardozo Journal of International and Comparative Law
The note critiques the inconsistent application of the "unable or unwilling" standard in asylum cases, particularly regarding nonstate actor persecution, and advocates for adopting the New Zealand Refugee Status Appeals Authority's standard. This standard focuses on the existence of a real risk of persecution, irrespective of governmental efforts, to align with the Refugee Convention's nonrefoulement principle and better safeguard asylum seekers' rights.
Fragmented Lives: Disability Discrimination
And The Role Of "Environment-Framing",
2011
Washington and Lee University School of Law
Fragmented Lives: Disability Discrimination And The Role Of "Environment-Framing", Ani B. Satz
Washington and Lee Law Review
This Article presents a novel theory that courts undermine the purpose of the Americans with Disabilities Act (ADA) by implicitly embracing environment-frames that disfavor disability protections. Courts employ environment-frames at two stages of judicial analysis under the Act: the disability eligibility and remedy stages. In determining whether a plaintiff is in the statutorily protected class, courts typically use a broad environment-frame to assess limitation of a "major life activity." The larger the environment-frame, the more likely a court will view an individual as able to perform a major life activity in some portion of her environment and deny her protected …
Wrongful Termination Claims In The Supreme Court Of Canada: Coming Up Short,
2011
Dalhousie University Schulich School of Law
Wrongful Termination Claims In The Supreme Court Of Canada: Coming Up Short, Dianne Pothier
Dianne Pothier Collection
The author concludes that the Supreme Court of Canada's narrow interpretations in Wal-Mart and Honda undermine the purposes of collective bargaining and human rights legislation, respectively Wal-Mart involves an unfair labour practice complaint following the closing of a store in Jonquibre, Quebec. The author contests the analysis of the Supreme Court of Canada, as being far removed from the context of the real difficulties in dealing with determined anti-union employers, instead facilitating statutory evasion. Honda involves a claim for wrongful dismissal, where the issue at the Supreme Court of Canada level is one of remedy, premised on the dismissal amounting …
It's More Than Ramps: Housing Accessibility For People With Disabilities,
2011
Loyola University Chicago, School of Law
It's More Than Ramps: Housing Accessibility For People With Disabilities, Kim Borowicz, Hillary Coustan
Public Interest Law Reporter
No abstract provided.
Sub-Minimum Wage Or Sub-Human? The Potential Impact On The Civil Rights Of People With Disabilities In Employment,
2011
Loyola University Chicago, School of Law
Sub-Minimum Wage Or Sub-Human? The Potential Impact On The Civil Rights Of People With Disabilities In Employment, Laura C. Hoffman
Public Interest Law Reporter
No abstract provided.
The Coal Miners Have Taken Care Of Us: Let's Now Take Care Of The Coal Miners,
2011
Florida A&M University College of Law
The Coal Miners Have Taken Care Of Us: Let's Now Take Care Of The Coal Miners, Priscilla Norwood Harris
Journal Publications
For over a hundred years, coal has helped power America's economy.' In short, without coal mining no industrial revolution would have occurred. "Coal fueled the new industrial capitalism."' Moreover, from the very beginnings of industrialization in the United States, "Appalachian coal and other fossil fuels have fired the engine of American industry,"' and it was Appalachian coking coal that helped make the steel America needed.' Coal transformed the United States into "an industrial superpower from a virtual wilderness."" This massive use of coal has come at a price to the miners." The death and injury rate from mining is matched …
Abandoned Love: The Impact Of Wyatt V. Stickney On The Intersection Between International Human Rights And Domestic Mental Disability Law,
2011
New York Law School
Abandoned Love: The Impact Of Wyatt V. Stickney On The Intersection Between International Human Rights And Domestic Mental Disability Law, Michael L. Perlin
Articles & Chapters
Wyatt v. Stickney - the first case to find (40 years ago) a constitutional right to treatment for persons institutionalized because of mental disability - is the most important institutional rights case litigated in the history of domestic mental disability law. It spawned “copycat” litigation in multiple federal district courts and state superior courts, led directly to the creation of “Patients’ Bills of Rights” in most states, and inspired the creation of the Developmental Disabilities Assistance and Bill of Rights Act, the Mental Health Systems Act Bill of Rights, and the federally-funded Protection and Advocacy System. Its direct influence on …
An Essay On The Stages Of The Clinical Year In Law School: Group Process With Existentialist Roots,
2011
American University Washington College of Law
An Essay On The Stages Of The Clinical Year In Law School: Group Process With Existentialist Roots, Richard J. Wilson
Scholarly Articles in Law Reviews & Journals
This short article focuses on "units," or stages of group process, part of my shared experience in law teaching and in adult education at St. Mark’s Church, Capitol Hill, Washington, DC. The article explores the context of the functional education program of church teaching and its common elements with clinical law teaching. The unit structure from church teaching translates well, I conclude, into the structure of clinical legal education.
Shifting The Conversation: Disability, Disparities And Health Care Reform,
2011
University of Washington School of Law
Shifting The Conversation: Disability, Disparities And Health Care Reform, Elizabeth Pendo
Articles
In keeping with the theme of this symposium, I would like to invite you to consider health care reform as a political shift in our thinking about the barriers and inequalities experienced by people with disabilities in our health care system. Traditionally, when these issues have been addressed, the predominant approach has been through a civil rights framework, specifically the Rehabilitation Act of 1973' and the American with Disabilities Act of 1990 (ADA).2 Now, the Patient Protection and Affordable Care Act of 2010 (PPACA) offers a new approach. This essay will outline the barriers to health and health care experienced …
