Disability Management: The Potential Benefits For The Feca Program,
2011
W.E. Upjohn Institute for Employment Research
Disability Management: The Potential Benefits For The Feca Program, H. Allan Hunt, Rochelle Virginia Habeck
Presentations
No abstract provided.
Research To Practice: Collaboration Between State Intellectual And Developmental Disabilities Agencies And State Vocational Rehabilitation Agencies: Results Of A National Survey,
2011
University of Massachusetts Boston
Research To Practice: Collaboration Between State Intellectual And Developmental Disabilities Agencies And State Vocational Rehabilitation Agencies: Results Of A National Survey, Heike Boeltzig, Jean E. Winsor, Kelly Haines
Research to Practice Series, Institute for Community Inclusion
Do state intellectual and developmental disabilities (IDD) agencies collaborate with their vocational rehabilitation (VR) counterparts? If so, in what ways and how formalized are these collaborative efforts? This Research to Practice Brief provides answers to those and other questions.
Relieving (Most Of) The Tension: A Review Essay Of Samuel R. Bagenstos, Law And The Contradictions Of The Disability Rights Movement,
2011
William & Mary Law School
Relieving (Most Of) The Tension: A Review Essay Of Samuel R. Bagenstos, Law And The Contradictions Of The Disability Rights Movement, Nicole Buonocore Porter
Faculty Publications
This Review Essay reveals the considerable contribution made by Professor Samuel Bagenstos in his book, Law and the Contradictions of the Disability Rights Movement, where he acknowledges and tackles most of the contradictions and tensions within the disability law field. Instead of repeating familiar arguments about a backlash against the Americans with Disabilities Act (ADA), Bagenstos recognizes and explains that much of the lack of success of the ADA can be attributed to tensions in the goals and projects of the disability rights movement. He makes a very convincing argument that the anti-discrimination and accommodation model of the ADA, …
Whither The Disability Rights Movement?,
2011
Court of the Southern District of Iowa
Whither The Disability Rights Movement?, Robert W. Pratt
Michigan Law Review
While reading this book in 2010, almost twenty years to the date after President George H.W. Bush signed the Americans with Disability Act ("ADA"), one realizes how much the world of politics has changed. It is difficult to remember a time when such major legislation passed the U.S. Senate by a vote of 91 to 6 and the House of Representatives by 377 to 28. Even more surprising, as we look back to 1990, is the fact that the executive branch was controlled by a different political party than the legislative branch. Contrast this legislative record with the milieu surrounding …
Television For All: Increasing Television Accessibility For The Visually Impaired Through The Fcc's Ability To Regulate Video Description Technology,
2011
Indiana University Maurer School of Law
Television For All: Increasing Television Accessibility For The Visually Impaired Through The Fcc's Ability To Regulate Video Description Technology, Joshua S. Robare
Federal Communications Law Journal
Video descriptions allow people who have visual impairments to get the full benefits from television. Through voiceovers those who have problems seeing are told what is happening on screen allowing them to get the most out of viewing television. However, the Federal Communications Commission currently lacks the authority to require broadcasters to create video descriptions for their programs following the decision in Motion Picture Association of America, Inc. v. Federal Communications Commission. This situation contrasts with closed caption which allows viewers with hearing problems read the dialog being said on screen. The FCC retained the power to regulate closed captions …
Data Note: Examining Collaboration Between State Intellectual And Developmental Disabilities Agencies And State Vocational Rehabilitation Agencies,
2011
University of Massachusetts Boston
Data Note: Examining Collaboration Between State Intellectual And Developmental Disabilities Agencies And State Vocational Rehabilitation Agencies, Kelly Haines, Heike Boeltzig, Jean E. Winsor
Data Note Series, Institute for Community Inclusion
Since Fiscal Year 1988, the Institute for Community Inclusion has administered the National Survey of State Intellectual and Developmental Disabilities Agencies' Day and Employment Services. The FY 2009 survey included a module to assess the ways in which state intellectual and developmental disabilities (IDD) agencies collaborate with their state vocational rehabilitation (VR) agencies to support integrated employment outcomes for adults with IDD. A total of 40 agencies responded to the module. Their responses provide a broader understanding of the relationship between the two types of state agencies, and the ways in which they work together to provide integrated employment services.
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.
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 …
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 …
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.
Are Canadians Providing Advance Directives About Health Care And Research Participation In The Event Of Decisional Incapacity?,
2011
Dalhousie University Schulich School of Law
Are Canadians Providing Advance Directives About Health Care And Research Participation In The Event Of Decisional Incapacity?, Gina Bravo, Marie-France Dubois, Carole Cohen, Sheila Wildeman, Janice Graham, Karen Painter, Suzanne Bellemare
Articles, Book Chapters, & Popular Press
Objective: Advance planning for health care and research participation has been promoted as a mechanism to retain some control over one’s life, and ease substitute decision making, in the event of decisional incapacity. Limited data are available on Canadians’ current advance planning activities. We conducted a postal survey to estimate the frequency with which Canadians communicate their preferences about health care and research should they become incapacitated. Method: We surveyed 5 populations (older adults, informal caregivers, physicians, researchers in aging, and research ethics board members) from Nova Scotia, Ontario, Alberta, and British Columbia. We asked respondents whether they had expressed …
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 …
