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 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 second edition includes significant focus on the American with Disabilities Act (ADA). 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).
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.
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 new edition adds dozens of recent decisions and key statutory changes. Virtually every principal case in the leading casebooks is cited or discussed, making this book an excellent aid for students in any water law course. The revised edition deals with changes in evolving areas like groundwater-surface water conflicts, public recreational uses, instream flow protection, federal water development, takings claims, and water access and equity." -- Provided by publisher.
(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.
In Twenty-Two Cents an Hour, Doug Crandell uncovers the harsh reality of people with disabilities in the United States who are forced to work in unethical conditions for subminimum wages with little or no opportunity to advocate for themselves, while wealthy CEOs grow even wealthier as a direct result. As recently as 2016, the United States Congress enacted bipartisan legislation which continued to allow workers with disabilities to legally be paid far lower than the federal minimum wage. Drawing on ongoing federal Department of Justice lawsuits, the horrifying story of Henry's Turkey Farm in Iowa, and more, Crandell shows the history of the policies that have led to these unjust outcomes, examines who benefits from this legislation, and asks important questions about the rise of a disability industrial complex. Exposing this complex—which is rooted in profit, lobbying, and playing on the emotions of workers' parents and families, as well as the public—Crandell challenges readers to reexamine how we treat some of our most vulnerable fellow citizens. Twenty-Two Cents an Hour forces the reader to face the reality of this exploitation, and builds the framework needed for reform.
A Publishers Weekly Best Book of the Year for Nonfiction "...an essential and engaging look at recent disability history."— Buzzfeed One of the most influential disability rights activists in US history tells her personal story of fighting for the right to receive an education, have a job, and just be human. A story of fighting to belong in a world that wasn’t built for all of us and of one woman’s activism—from the streets of Brooklyn and San Francisco to inside the halls of Washington—Being Heumann recounts Judy Heumann’s lifelong battle to achieve respect, acceptance, and inclusion in society. Paralyzed from polio at eighteen months, Judy’s struggle for equality began early in life. From fighting to attend grade school after being described as a “fire hazard” to later winning a lawsuit against the New York City school system for denying her a teacher’s license because of her paralysis, Judy’s actions set a precedent that fundamentally improved rights for disabled people. As a young woman, Judy rolled her wheelchair through the doors of the US Department of Health, Education, and Welfare in San Francisco as a leader of the Section 504 Sit-In, the longest takeover of a governmental building in US history. Working with a community of over 150 disabled activists and allies, Judy successfully pressured the Carter administration to implement protections for disabled peoples’ rights, sparking a national movement and leading to the creation of the Americans with Disabilities Act. Candid, intimate, and irreverent, Judy Heumann’s memoir about resistance to exclusion invites readers to imagine and make real a world in which we all belong.
This casebook examines the development of disability rights law and policy in the United States and abroad and can be used as either a law or graduate school teaching tool. It gives a complete and current treatment of the Americans with Disabilities Act and the recently passed ADA Amendments Act, including the background of the statute's passage, definition of disability, discrimination in employment, public services, and public accommodations. It also gives in-depth coverage of other important federal disability discrimination statutes like the Individuals with Disabilities Education Act, Rehabilitation Act, and Fair Housing Amendments Act. This book is unique in that it offers extensive coverage of the rapidly developing area of international disability law, through discussion of the new UN Convention on Rights of Persons with Disabilities and related developments. The authors also discuss state-level disability discrimination law, as well as current policy issues involving taxation, health policy, and technology.
