Download or read book Defending Disabled Access Claims written by Gregory F. Hurley and published by Aspen Publishers. This book was released on 1995 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Understanding the ADA written by William D. Goren and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Revision of the author's Understanding the Americans with Disabilities Act.
Download or read book 2010 ADA Standards for Accessible Design written by Department Justice and published by Createspace Independent Publishing Platform. This book was released on 2014-10-09 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: (a) Design and construction. (1) Each facility or part of a facility constructed by, on behalf of, or for the use of a public entity shall be designed and constructed in such manner that the facility or part of the facility is readily accessible to and usable by individuals with disabilities, if the construction was commenced after January 26, 1992. (2) Exception for structural impracticability. (i) Full compliance with the requirements of this section is not required where a public entity can demonstrate that it is structurally impracticable to meet the requirements. Full compliance will be considered structurally impracticable only in those rare circumstances when the unique characteristics of terrain prevent the incorporation of accessibility features. (ii) If full compliance with this section would be structurally impracticable, compliance with this section is required to the extent that it is not structurally impracticable. In that case, any portion of the facility that can be made accessible shall be made accessible to the extent that it is not structurally impracticable. (iii) If providing accessibility in conformance with this section to individuals with certain disabilities (e.g., those who use wheelchairs) would be structurally impracticable, accessibility shall nonetheless be ensured to persons with other types of disabilities, (e.g., those who use crutches or who have sight, hearing, or mental impairments) in accordance with this section.
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Download or read book Full Equal Access written by Paul L Rein and published by . This book was released on 2021-06-10 with total page 536 pages. Available in PDF, EPUB and Kindle. Book excerpt: For 38 years my law practice has represented physically disabled persons in civil rights cases challenging architectural barriers and other forms of disability discrimination. A major motivation has been observing the amazing courage of many of my disabled clients. Physically disabled persons face daily challenges unthinkable to able-bodied persons; yet many are still willing to use their time and energy to work in the public interest to improve conditions for others. This book is intended to give a general outline of the law regarding access to public accommodations for disabled persons under California laws first passed in 1968, and then under the Americans with Disabilities Act of 1990. Portions of the book outline important legal precedents that may be of use to disabled persons and their attorneys and supporters when they decide to take action to enforce their rights to full and equal access to public accommodations. Each action may also have a ripple effect which will benefit every disabled person who is later able to use the improved facilities, and a further ripple effect if it motivates voluntary access improvements by building owners and/or their tenants. The more access barriers that are removed, the more businesses that disabled persons (and their companions) can patronize and spend their money in. Voluntary compliance will result in less need for litigation and less need for paying attorney fees to plaintiff attorneys and defense lawyers. Most disabled rights attorneys are working for the day when our society is fully accessible to persons with disabilities, and litigation will no longer be necessary. But until that day comes, disabled access litigation should remain an essential tool in the fight to achieve an accessible society. Law Offices of Paul L. Rein Oakland, CA 94612 (510) 832-5001
Download or read book Americans with Disabilities Act Handbook written by Henry H. Perritt and published by Wolters Kluwer. This book was released on 2002-11-01 with total page 1706 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Americans With Disabilities Act Handbook provides comprehensive coverage of the ADA's employment, commercial facilities, and public accommodations provisions as well as coverage of the transportation, communication, and federal, local, and state government requirements. In one comprehensive two-volume set, you'll get a complete analysis of the Act and all the forms and case law you'll need to prepare your case. Recognized ADA authority Henry H. Perritt, Jr., clearly defines statutory and regulatory requirements for public and private employers, commercial facilities and places of public accommodation. There's a complete analysis of the rapidly expanding case law - organized by frequently litigated topics, like wheelchair access and AIDS discrimination. In-depth analysis is provided for the numerous federal and state cases and significant regulatory activity by the EEOC cropping up each year. You'll also get thorough analysis of how the Rehabilitation Act of 1973 relates to ADA. The statutory definition of disability and the concept of being andquot;otherwise qualifiedandquot; for a job are also discussed in-depth. And you'll see exactly what employers, business owners, and providers of governmental services must do to make andquot;reasonable accommodation.andquot; Plus, a comprehensive section that organizes case law by type of physical and mental impairment and accommodation by type of job requirement, making analysis easier. Americans With Disabilities Act Handbook has been updated to include: Analysis of a Supreme Court case finding that Wal-Mart class action did not meet requirements of Federal Rules of Civil Procedure 23 Case law applying the 2008 Amendments and EEOC's implementing regulations Analysis of Supreme Court case providing a framework for andquot;cat's pawandquot; proof of disparate treatment Analysis of a Supreme Court case finding retaliation because of a fianceand´e's protected activity Analysis of a Supreme Court case allowing oral requests for FMLA leave Analysis of cases assessing whether the employer erroneously perceived an employee as unable to perform a andquot;range of jobsandquot; Discussion of a case denying safe harbor to a recovering drug abuser Analysis of case allowing an employer to assign an HIV-positive employee to train only those employees signing a waiver Discussion of a case finding that a return-to-work medical examination did not violate the ADA Analysis of the andquot;one-strikeandquot; rule imposed by an employers' association Discussion of a case finding that reductions in paratransit services did not violate ADA New cases rejecting challenges to arbitration
Download or read book Academic Ableism written by Jay Dolmage and published by University of Michigan Press. This book was released on 2017-11-22 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: Places notions of disability at the center of higher education and argues that inclusiveness allows for a better education for everyone
Download or read book Disability Civil Rights Law and Policy written by Peter David Blanck and published by West Academic Publishing. This book was released on 2005 with total page 1512 pages. Available in PDF, EPUB and Kindle. Book excerpt: There have been dramatic legal and policy developments, and strong academic and practical interest, in the area of American and international disability civil rights law. This casebook comprehensively examines the development of disability rights law and policy in the United States and abroad in a format for use as a law or graduate school teaching tool. It gives a complete and current treatment of the Americans with Disabilities Act, including the background of the statutes passage, definition of disability, discrimination in employment, public services, and public accommodations, as well as the statutes remedial structure. It includes sections on the background of the disability rights movement, international disability law, and discrimination in housing and education. The authors also discuss disability law and technology issues in depth, as well as disability-related social welfare and tax policy. The book offers ample opportunity for case analysis by students, as well as providing thought-provoking discussion topics.
Download or read book The Americans with Disabilities Act written by and published by . This book was released on 1993 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Nondiscrimination in Insurance written by United States. Congress. House. Committee on Interstate and Foreign Commerce. Subcommittee on Consumer Protection and Finance and published by . This book was released on 1981 with total page 438 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Delay Deny Defend written by Jay M. Feinman and published by Penguin. This book was released on 2010-03-18 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: An expose of insurance injustice and a plan for consumers and lawmakers to fight it Over the last two decades, insurance has become less of a safety net and more of a spider's web: sticky and complicated, designed to ensnare as much as to aid. Insurance companies now often try to delay payment of justified claims, deny payment altogether, and defend these actions by forcing claimants to enter litigation. Jay M. Feinman, a legal scholar and insurance expert, explains how these trends developed, how the government ought to fix the system, and what the rest of us can do to protect ourselves. He shows that the denial of valid claims is not occasional or accidental or the fault of a few bad employees. It's the result of an increasing and systematic focus on maximizing profits by major companies such as Allstate and State Farm. Citing dozens of stories of victims who were unfairly denied payment, Feinman explains how people can be more cautious when shopping for policies and what to do when pursuing a disputed claim. He also lays out a plan for the legal reforms needed to prevent future abuses. This exposé will help drive the discussion of this increasingly hot- button issue.
Download or read book Disability Discrimination Law Evidence and Testimony written by John Parry and published by American Bar Association. This book was released on 2008 with total page 732 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book covers employment, state and local government, public accommodations, telecommunications, housing and zoning, education, and criminal and civil institutions. It addresses practical ways to maximize the benefits of the client-lawyer relationship, including potentially divisive questions surrounding the need for accommodations and the ethical duties of lawyers to clients with disabilities. Also discusses expert evidence and testimony in disability discrimination cases. Includes numerous appendices to assist you in your research of disability discrimination cases.
Download or read book Enforcing the ADA written by and published by . This book was released on 1996 with total page 16 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Excuse Factory written by Walter K. Olson and published by Simon and Schuster. This book was released on 1997 with total page 394 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Excuse Factory will spur outrage and spark a national debate about the role of government in the workplace. Olson's expose is certain to shake up the legal industry, rattle government regulators, and cause thousands of workers and managers to nod in vigorous agreement.
Download or read book Disabling Interpretations written by Susan Gluck Mezey and published by . This book was released on 2005 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Americans with Disabilities Act (ADA) of 1990 was intended to send a clear message to society that discrimination on the basis of disability is unacceptable. As with most civil rights laws, the courts were given primary responsibility for implementing disability rights policy. Mezey argues that the act has not fulfilled its potential primarily because of the judiciary's "disabling interpretations" in adjudicating ADA claims. In the decade of litigation following the enactment of the ADA, judicial interpretation of the law has largely constricted the parameters of disability rights and excluded large numbers of claimants from the reach of the law. The Supreme Court has not interpreted the act broadly, as was intended by Congress, and this method of decision making was for the most part mirrored by the courts below. The high court's rulings to expand state sovereign immunity and insulate states from liability in damage suits has also caused claimants to become enmeshed in litigation and has encouraged defendants to challenge other laws affecting disability rights. Despite the law's strong civil rights rhetoric, disability rights remain an imperfectly realized goal.
Download or read book The Future of Disability in America written by Institute of Medicine and published by National Academies Press. This book was released on 2007-10-24 with total page 619 pages. Available in PDF, EPUB and Kindle. Book excerpt: The future of disability in America will depend on how well the U.S. prepares for and manages the demographic, fiscal, and technological developments that will unfold during the next two to three decades. Building upon two prior studies from the Institute of Medicine (the 1991 Institute of Medicine's report Disability in America and the 1997 report Enabling America), The Future of Disability in America examines both progress and concerns about continuing barriers that limit the independence, productivity, and participation in community life of people with disabilities. This book offers a comprehensive look at a wide range of issues, including the prevalence of disability across the lifespan; disability trends the role of assistive technology; barriers posed by health care and other facilities with inaccessible buildings, equipment, and information formats; the needs of young people moving from pediatric to adult health care and of adults experiencing premature aging and secondary health problems; selected issues in health care financing (e.g., risk adjusting payments to health plans, coverage of assistive technology); and the organizing and financing of disability-related research. The Future of Disability in America is an assessment of both principles and scientific evidence for disability policies and services. This book's recommendations propose steps to eliminate barriers and strengthen the evidence base for future public and private actions to reduce the impact of disability on individuals, families, and society.
Download or read book DisCrit Disability Studies and Critical Race Theory in Education written by David J. Connor and published by Teachers College Press. This book was released on 2016 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: This groundbreaking volume brings together major figures in Disability Studies in Education (DSE) and Critical Race Theory (CRT) to explore some of today’s most important issues in education. Scholars examine the achievement/opportunity gaps from both historical and contemporary perspectives, as well as the overrepresentation of minority students in special education and the school-to-prison pipeline. Chapters also address school reform and the impact on students based on race, class, and dis/ability and the capacity of law and policy to include (and exclude). Readers will discover how some students are included (and excluded) within schools and society, why some citizens are afforded expanded (or limited) opportunities in life, and who moves up in the world and who is trapped at the “bottom of the well.” Contributors: D.L. Adams, Susan Baglieri, Stephen J. Ball, Alicia Broderick, Kathleen M. Collins, Nirmala Erevelles, Edward Fergus, Zanita E. Fenton, David Gillborn, Kris Guitiérrez, Kathleen A. King Thorius, Elizabeth Kozleski, Zeus Leonardo, Claustina Mahon-Reynolds, Elizabeth Mendoza, Christina Paguyo, Laurence Parker, Nicola Rollock, Paolo Tan, Sally Tomlinson, and Carol Vincent “With a stunning set of authors, this book provokes outrage and possibility at the rich intersection of critical race, class, and disability studies, refracting back on educational policy and practices, inequities and exclusions but marking also spaces for solidarities. This volume is a must-read for preservice, and long-term educators, as the fault lines of race, (dis)ability, and class meet in the belly of educational reform movements and educational justice struggles.” —Michelle Fine, distinguished professor of Critical Psychology and Urban Education, The Graduate Center, CUNY “Offers those who sincerely seek to better understand the complexity of the intersection of race/ethnicity, dis/ability, social class, and gender a stimulating read that sheds new light on the root of some of our long-standing societal and educational inequities.” —Wanda J. Blanchett, distinguished professor and dean, Rutgers University, Graduate School of Education
