Understanding Disability Law

Understanding Disability Law
Author: Mark C. Weber
Publisher:
Total Pages: 0
Release: 2024
Genre: Discrimination
ISBN: 9781531027940

"Understanding Disability Law discusses important statutory and constitutional issues relating to disability discrimination. It is designed to help students in disability law courses synthesize and apply the materials they are learning. It is also designed to function as a compact treatise for practicing lawyers and those looking for an analysis of the Fourteenth Amendment, the Americans with Disabilities Act, section 504 of the Rehabilitation Act, the Individuals with Disabilities Education Act, the Fair Housing Act Amendments, and other laws as they relate to the controversial issues of disability rights. The book discusses the leading cases on each of the major topics of disability law and suggests ways of thinking about unresolved questions and debates over legal policy. The fourth edition adds new information on every important topic. It includes thorough discussion of the Supreme Court's Cummings v. Premier Rehab Keller ruling about emotional distress damages in ADA, Section 504, and ACA cases, as well as the Perez v. Sturgis Public Schools decision concerning exhaustion of administrative remedies in special education cases. It provides new sources on the intersection of race and disability and on accommodations in family unification services for parents with disabilities. Coverage remains as comprehensive and detailed as before and includes: Constitutional law bearing on disability discrimination; The controversy over who is a person with a disability for purposes of federal statutes; Employment discrimination rights and remedies; Educational discrimination, including special education law and higher education for students with disabilities; Discrimination in public accommodations; Discrimination by federal, state, and local governments; and Disability discrimination related to housing, transportation, and telecommunications"--

Colker's Federal Disability Law in a Nutshell, 6th

Colker's Federal Disability Law in a Nutshell, 6th
Author: RUTH. COLKER
Publisher: West Academic Publishing
Total Pages: 628
Release: 2019-03-13
Genre:
ISBN: 9781642429114

This Nutshell presents an overview of the major federal disability laws with emphasis on the statutes, regulations, and significant points of substantive and procedural law. The sixth edition includes significant focus on the Americans with Disabilities Act (ADA), including its 2008 Amendment and accompanying regulations. Features coverage on constitutional rights; the definition of "disabled"; Rehabilitation Act of 1973; employment discrimination; programs and services; and housing, education, and transportation. Also reviews the many relevant areas of the Individuals with Disabilities Education Act (IDEA), including the 2004 Amendments and two recent Supreme Court cases under the IDEA.

Understanding the ADA

Understanding the ADA
Author: William D. Goren
Publisher:
Total Pages: 0
Release: 2013
Genre: Business & Economics
ISBN: 9781627222747

Revision of the author's Understanding the Americans with Disabilities Act.

Disability, Health, Law, and Bioethics

Disability, Health, Law, and Bioethics
Author: I. Glenn Cohen
Publisher: Cambridge University Press
Total Pages: 313
Release: 2020-04-23
Genre: Law
ISBN: 1108485979

Examines how the framing of disability has serious implications for legal, medical, and policy treatments of disability.

Understanding Disability Policy

Understanding Disability Policy
Author: Alan Roulstone
Publisher: Policy Press
Total Pages: 256
Release: 2012
Genre: Political Science
ISBN: 1847427383

We live at a paradoxical time for many disabled people: some achieve new freedoms while others face cuts in services and attempts to restrict who counts as disabled. Locating disability policy within broader social policy contexts, Alan Roulstone and Simon Prideaux critically explore the roles of social support, poverty, socio-economic status, community safety, spatial change, and other issues in shaping disabled people's opportunities. They also consider implications for future policy developments, including the impact of changing government and academic understandings of disability.

Social Security Disability Law and the American Labor Market

Social Security Disability Law and the American Labor Market
Author: Jon C. Dubin
Publisher: NYU Press
Total Pages: 276
Release: 2021-09-21
Genre: Law
ISBN: 1479811025

How social security disability law is out of touch with the contemporary American labor market Passing down nearly a million decisions each year, more judges handle disability cases for the Social Security Administration than federal civil and criminal cases combined. In Social Security Disability Law and the American Labor Market, Jon C. Dubin challenges the contemporary policies for determining disability benefits and work assessment. He posits the fundamental questions: where are the jobs for persons with significant medical and vocational challenges? And how does the administration misfire in its standards and processes for answering that question? Deploying his profound understanding of the Social Security Administration and Disability law and policy, he demystifies the system, showing us its complex inner mechanisms and flaws, its history and evolution, and how changes in the labor market have rendered some agency processes obsolete. Dubin lays out how those who advocate eviscerating program coverage and needed life support benefits in the guise of modernizing these procedures would reduce the capacity for the Social Security Administration to function properly and serve its intended beneficiaries, and argues that the disability system should instead be “mended, not ended.” Dubin argues that while it may seem counterintuitive, the transformation from an industrial economy to a twenty-first-century service economy in the information age, with increased automation, and resulting diminished demand for arduous physical labor, has not meaningfully reduced the relevance of, or need for, the disability benefits programs. Indeed, they have created new and different obstacles to work adjustments based on the need for other skills and capacities in the new economy—especially for the significant portion of persons with cognitive, psychiatric, neuro-psychological, or other mental impairments. Therefore, while the disability program is in dire need of empirically supported updating and measures to remedy identified deficiencies, obsolescence, inconsistencies in application, and racial, economic and other inequities, the program’s framework is sufficiently broad and enduring to remain relevant and faithful to the Act’s congressional beneficent purposes and aspirations.

The U.S. Supreme Court on Disability Law

The U.S. Supreme Court on Disability Law
Author: Christy Thompson Ibrahim
Publisher:
Total Pages: 0
Release: 2014
Genre: People with disabilities
ISBN: 9781611633962

This casebook compiles the landmark Supreme Court cases that form the foundation of modern disability law.It is designed to be used alone or in combination with other disability law texts.Presented in chronological order, the cases in this book illustrate the evolution of a robust body of law, encompassing issues of education, health care, housing, civil commitment, and criminal prosecution.They provide students an opportunity to consider the diverse issues and questions that have arisen over the last 40 years, from the beginning of the disability rights movement, through the passage of the Americans with Disabilities Act, to the present day.Each opinion is accompanied by a case history and comprehensive study questions, so students can contextualize the decisions, think critically about their implications, and pursue independent research projects.Students who use this casebook will develop a deep understanding of disability case law and be able to apply major precedents to contemporary, evolving disability rights policy.

Disability, Care and Family Law

Disability, Care and Family Law
Author: Beverley Clough
Publisher: Routledge
Total Pages: 198
Release: 2021-04-13
Genre: Family & Relationships
ISBN: 1000375188

This book explores the series of issues that emerge at the intersection of disability, care and family law. Disability studies is an area of increasing academic interest. In addition to a subject in its own right, there has been growing concern to ensure that mainstream subjects diversify and include marginalised voices, including those of disabled people. Family law in modern times is often based on an "able-bodied autonomous norm" but can fit less well with the complexities of living with disability. In response, this book addresses a range of important and highly topical issues: whether care proceedings are used too often in cases where parents have disabilities; how the law should respond to children who care for disabled parents – and the care of older family members with disabilities. It also considers the challenges posed by the UN Convention on the Rights of Persons with Disabilities, particularly around the different institutional and state responsibilities captured in the Convention, and around decision-making for both disabled adults and children. This interdisciplinary collection – with contributors from law, criminology, sociology and social policy as well as from policy and activist backgrounds – will appeal to academic family lawyers and disability scholars as well as students interested in issues around family law, disability and care.