Everyday Law for Individuals with Disabilities

Author: Ruth Colker
Publisher: Routledge
ISBN: 1317260139
Format: PDF, ePub, Mobi
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If you are an individual with a disability and believe you have been discriminated against, it is often hard to find a lawyer to help remedy your situation. Accordingly, 'self-help' may often be your most, or your only, viable strategy. But how to proceed? This book serves as a badly needed practical guide to disability discrimination law. Covering a wide range of issues faced by individuals with different kinds of disabilities, it not only describes those individuals' legal rights but also suggests solutions to disability discrimination issues that are more practical and less expensive than filing a lawsuit. Written by two disability law experts, Ruth Colker, whose son is developmentally disabled, and Adam Milani, who is paralyzed from the chest down, this book is informed by their scholarly expertise but is also based on their collective practical experience from years of navigating issues of disability discrimination. Everyday Law for Individuals with Disabilities is the first in a series of practical guides to the law, organized by series editors Richard Delgado and Jean Stephancic, packed with useful overviews and advice for the people who need it most and can least afford it.

Americans with Disabilities

Author: Leslie Francis
Publisher: Routledge
ISBN: 1317958594
Format: PDF, ePub, Mobi
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In this groundbreaking work, leading philosophers, legal theorists, bioethicists, and policy makers offer incisive looks into the philosophical and moral foundations of disability law and policy.

Disabled Education

Author: Ruth Colker
Publisher: NYU Press
ISBN: 081470848X
Format: PDF, ePub
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Enacted in 1975, the Education for All Handicapped Children Act – now called the Individuals with Disabilities Education Act (IDEA) provides all children with the right to a free and appropriate public education. On the face of it, the IDEA is a shining example of law’s democratizing impulse. But is that really the case? In Disabled Education, Ruth Colker digs deep beneath the IDEA’s surface and reveals that the IDEA contains flaws that were evident at the time of its enactment that limit its effectiveness for poor and minority children. Both an expert in disability law and the mother of a child with a hearing impairment, Colker learned first-hand of the Act’s limitations when she embarked on a legal battle to persuade her son’s school to accommodate his impairment. Colker was able to devote the considerable resources of a middle-class lawyer to her struggle and ultimately won, but she knew that the IDEA would not have benefitted her son without her time-consuming and costly legal intervention. Her experience led her to investigate other cases, which confirmed her suspicions that the IDEA best serves those with the resources to advocate strongly for their children. The IDEA also works only as well as the rest of the system does: struggling schools that serve primarily poor students of color rarely have the funds to provide appropriate special education and related services to their students with disabilities. Through a close examination of the historical evolution of the IDEA, the actual experiences of children who fought for their education in court, and social science literature on the meaning of “learning disability,” Colker reveals the IDEA’s shortcomings, but also suggests ways in which resources might be allocated more evenly along class lines.

Federal Disability Law in a Nutshell

Author: Bonnie P. Tucker
Publisher: West Academic
ISBN: 9780314149947
Format: PDF, Kindle
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Constitutional Rights; Who is Disabled?; Rehabilitation Act of 1973 (Sections 504, 501,503); Employment Discrimination; Architectural Barriers; Access to Programs and Services; ADA Access Board Guidelines; Housing; Postsecondary Education; Transportation; ADA Miscellaneous; Newborns with Disabilities; Individuals with Disabilities Education Act; Section 504 and the ADA: Elementary and Secondary Education; Disciplining Students with Disabilities.

International Disability Law

Author: Coomara Pyaneandee
Publisher: Routledge
ISBN: 042995185X
Format: PDF, ePub, Mobi
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This book provides a concise guide to international disability law. It analyses the case law of the CRPD Committee and other international human rights treaty bodies, and provides commentaries on more than 50 leading cases. The author elaborates on the obligations of States Parties under the CRPD and other international treaties, while also spelling out the rights of persons with disabilities, and the different mechanisms that exist at both domestic and international levels for ensuring that those rights are respected, protected and promoted. The author also delineates the traditional differentiation between civil and political rights on the one hand, and economic, social and cultural rights on the other. He demonstrates, through analysis of the evolving case law, how the gap between these two sets of rights is gradually closing. The result is a powerful tool for political decisionmakers, academics, legal practitioners, law students, persons with disabilities and their representative organisations, human rights activists and general readers.

Law Rights and Disability

Author: Jeremy Cooper
Publisher: Jessica Kingsley Publishers
ISBN: 9781853028366
Format: PDF, Mobi
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This comprehensive volume assesses the relationship between legal rights and disability and the effect of law, legal process and third party professional intervention on the lives of people with disabilities. Stressing the crucial role played by disabled people themselves in fulfilling the promise of the worldwide rights movement, the chapters examine this relationship across a variety of themes, stressing the legal elements of each issue, and the extent to which law can assist in strengthening individual rights in that area. The contributors, who are all either academics or other professional experts in their field, write in a jargon free accessible style. The volume will be of interest to lawyers, human rights activists, health care professionals and to disabled people generally. The main areas covered in the volume are: * new perspectives on working in partnership with disabled people; * the changing attitudes to the rights of people with disabilities across the globe; * improvements to the rights of disabled people through legal process, using national and international law; * an examination of the rights and entitlement of disabled people to community care, housing, employment, education, and special services for children; * disabled people and mental health law; * messages from disability research for law, practice and reform implications for research.

The Law of Disability Discrimination

Author: Ruth Colker
Publisher: LexisNexis
ISBN: 0769882048
Format: PDF, ePub, Docs
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The purpose of this book is to provide students with an in-depth understanding of the ADA, including the sections governing employment (Title I), public entities (Title II), and public accommodations (Title III). The book focuses on the major components of the ADA, with extensive reference to the implementing regulations and accompanying guidance statements--essential building blocks for a complete understanding of the Act. It also covers a wide range of additional topics, such as education, housing, insurance, and the protection of newborns with disabilities. Because the ADA intersects several other federal statutes, such as the IDEA, the FHAA, and Section 504 of the Rehabilitation Act, cross-references to these and other statutes are frequently provided. A companion book, The Law of Disability Discrimination Handbook: Statutes and Regulatory Guidance, includes reference material relevant to interpreting federal law prohibiting discrimination on the basis of disability. The Handbook includes the statutory language of each of the five Titles of the ADA. In addition, with respect to Titles I, II, and III, the Handbook includes the regulations and interpretive guidance promulgated by the EEOC and the United States DOJ. The Handbook also includes reference material relevant to interpreting Section 504 of the Rehabilitation Act of 1973 and the Fair Housing Act Amendments of 1998, as well as excerpts from the Civil Rights Act of 1991. Further, the Handbook contains the text of the IDEA, the Department of Education Regulations implementing the IDEA, and the Convention on the Rights of Persons with Disabilities.

Disability Law

Author: Laura F. Rothstein
Publisher: LexisNexis
ISBN: 1422476332
Format: PDF, Docs
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Disability Law: Cases, Materials, Problems takes a broad approach to understanding how disability discrimination laws apply to the kinds of cases attorneys, policymakers, and judges are likely to face. The new Fifth Edition adds analysis and discussion of the ADA Amendments Act throughout the book. It reorganizes and adds new cases and materials in the employment law chapter, including cases on harassment and retaliation based on disability. It also pays more attention to procedural issues (burden of proof), remedies and defenses, litigation and dispute resolution, and insurance. It adds a problem-based approach with chapters and sections of chapters beginning with a hypothetical scenario to be used as a basis for applying the substantive law. It also adds expanded Notes at the end of each section.

Disabled Justice

Author: Eilionóir Flynn
Publisher: Routledge
ISBN: 1317150031
Format: PDF, Mobi
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Disability offers a new lens through which to view the effectiveness of access to justice, and the inclusiveness of the justice system as a whole. This book analyses the experience of people with disabilities through the entire justice system, from making a complaint, to investigation, and through the court/tribunal process. It also considers the participation of people with disabilities in a variety of roles in the justice system - as witness, defendant, complainant, plaintiff, lawyer, judge and juror. More broadly, it also critically examines the subtle barriers of access to justice which might exist in a given society - including barriers to grassroots disability advocacy, legal education and training, the right to vote and the right to stand for election which may apply to people with disabilities. The book is international and comparative in scope with a focus primarily on examples of legal practice and justice systems in common law countries. The work will be of interest to scholars working in the areas of human rights, equality and non-discrimination, disability rights activists and legal professionals who work with people with disabilities to achieve access to justice.

Law and the Contradictions of the Disability Rights Movement

Author: Samuel R. Bagenstos
Publisher: Yale University Press
ISBN: 0300155433
Format: PDF, ePub, Mobi
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The passage of the Americans with Disabilities Act in 1990 was hailed as revolutionary legislation, but in the ensuing years restrictive Supreme Court decisions have prompted accusations that the Court has betrayed the disability rights movement. The ADA can lay claim to notable successes, yet people with disabilities continue to be unemployed at extremely high rates. In this timely book, Samuel R. Bagenstos examines the history of the movement and discusses the various, often-conflicting projects of diverse participants. He argues that while the courts deserve some criticism, some may also be fairly aimed at the choices made by prominent disability rights activists as they crafted and argued for the ADA. The author concludes with an assessment of the limits of antidiscrimination law in integrating and empowering people with disabilities, and he suggests new policy directions to make these goals a reality.