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"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"--
Revision of the author's Understanding the Americans with Disabilities Act.
Examines how the framing of disability has serious implications for legal, medical, and policy treatments of disability.
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.
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.
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.
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.
An approachable guide to being a thoughtful, informed ally to disabled people, with actionable steps for what to say and do (and what not to do) and how you can help make the world a more inclusive place ONE OF THE BEST BOOKS OF THE YEAR: NPR, Booklist • “A candid, accessible cheat sheet for anyone who wants to thoughtfully join the conversation . . . Emily makes the intimidating approachable and the complicated clear.”—Rebekah Taussig, author of Sitting Pretty: The View from My Ordinary, Resilient, Disabled Body People with disabilities are the world’s largest minority, an estimated 15 percent of the global population. But many of us—disabled and nondisabled alike—don’t know how to act, what to say, or how to be an ally to the disability community. Demystifying Disability is a friendly handbook on the important disability issues you need to know about, including: • How to appropriately think, talk, and ask about disability • Recognizing and avoiding ableism (discrimination toward disabled people) • Practicing good disability etiquette • Ensuring accessibility becomes your standard practice, from everyday communication to planning special events • Appreciating disability history and identity • Identifying and speaking up about disability stereotypes in media Authored by celebrated disability rights advocate, speaker, and writer Emily Ladau, this practical, intersectional guide offers all readers a welcoming place to understand disability as part of the human experience. Praise for Demystifying Disability “Whether you have a disability, or you are non-disabled, Demystifying Disability is a MUST READ. Emily Ladau is a wise spirit who thinks deeply and writes exquisitely.”—Judy Heumann, international disability rights advocate and author of Being Heumann “Emily Ladau has done her homework, and Demystifying Disability is her candid, accessible cheat sheet for anyone who wants to thoughtfully join the conversation. A teacher who makes you forget you’re learning, Emily makes the intimidating approachable and the complicated clear. This book is a generous and needed gift.”—Rebekah Taussig, author of Sitting Pretty: The View from My Ordinary Resilient Disabled Body
Social Security disability is an enormous program, with hundreds of thousands of people participating each year. Consequently, it's easy for both participants and first-time applicants to get lost in the system's bureaucracy.Nolo's Guide to Social Security Disability is an essential book for anyone dealing with a long-term or permanent disability. Written both for first-time applicants and those who already receive Social Security disability, Dr. David Morton's book demystifies the program in plain English, thoroughly explaining:* what Social Security disability is* what benefits are available to disabled children* how to prove a disability* how age, education and work experience affect benefits* whether or not one can work while receiving benefits* how to appeal a denial of benefits* how to respond to a Continuing Disability Review* and much more