The ADA and Disability Accommodations

2003 ◽  
Vol 32 (1) ◽  
pp. 143-154 ◽  
Author(s):  
Suzanne M. Crampton ◽  
John W. Hodge
Keyword(s):  
Supreme Court ◽  
Americans With Disabilities Act ◽  
Case Law ◽  
Reasonable Accommodation ◽  
Employment Opportunities ◽  
Judicial Decisions ◽  
Equal Employment ◽  
The U.S ◽  
Over Time ◽  
Employer Responsibilities

The Americans with Disabilities Act (ADA) was designed to promote equal employment opportunities for handicapped individuals in the workplace. The law mandates that employers reasonably accommodate individuals with disabilities who are qualified to perform the job. However, employers are exempted from this requirement if the reasonable accommodation results in an undue hardship for the organization. The legal definitions of reasonable accommodation and undue hardship have evolved over time due to case law resulting from judicial decisions. This paper will review recent decisions by the U.S. Supreme Court and their effect on employer responsibilities under the ADA. Suggestions will be provided as to policies organizations could follow to respond to these requirements.

The Execution of Wallace Wilkerson

2017 ◽  
Vol 42 (4) ◽  
pp. 349-367 ◽  
Author(s):  
James R. Acker ◽  
Ryan Champagne
Keyword(s):  
Criminal Justice ◽  
Supreme Court ◽  
Death Penalty ◽  
Capital Punishment ◽  
Death Sentence ◽  
Legal Documents ◽  
Judicial Decisions ◽  
Firing Squad ◽  
Lethal Injection ◽  
The U.S

Wallace Wilkerson was executed by a Utah firing squad in 1879 after the U.S. Supreme Court affirmed the constitutionality of his sentence. Shots from the marksmen’s rifles missed his heart. Not strapped into the chair where he had been seated, Wilkerson lurched onto the ground and exclaimed, “My God!…They missed it!” He groaned, continued breathing, and was pronounced dead some 27 min later. Relying on contemporaneous news accounts and legal documents, this article describes Wilkerson’s crime, the judicial decisions upholding his death sentence, and his execution. It next examines ensuing methods of capital punishment from the electric chair through lethal injection and notes persistent gaps between principle and practice in the continuing quest for increasingly humane modes of execution. The article concludes by suggesting that Wilkerson’s botched firing squad execution harbingered difficulties which continue to plague capital punishment. The implications for the future of the death penalty—a long-standing and resilient practice in American criminal justice—and the ultimate legacy of Wallace Wilkerson remain uncertain, although starkly evident is the daunting and perhaps impossible challenge of reconciling the paradox inherent in the concept of a “humane execution.”

China's Guiding Cases System as the Instrument to Improve China's Case Guidance System, which Includes Both Guiding Cases and Typical Cases

2017 ◽  
Vol 45 (3) ◽  
pp. 230-243
Author(s):  
Fengping Gao
Keyword(s):  
Supreme Court ◽  
Case Law ◽  
Guidance System ◽  
Judicial Reform ◽  
The Supreme Court ◽  
Key Topics ◽  
The U.S

After the Supreme People's Court of China (the “Supreme Court”) issued the Provisions of the Supreme People's Court Concerning Work on Guiding Cases (the “Provisions”), which symbolized the establishment of China's guiding cases system, it attracted worldwide attention. Some institutes, like Stanford, launched programs on China's Guiding Cases. It is of importance to discuss the potential and possibility of establishing China's guiding cases system by promoting the Guiding Cases in the context of ongoing judicial reform. For international practitioners, it is helpful to know the civil jurisdiction where there is case law available as case guidance. Also, China judicial reform has become a keen topic for discussion in U.S.–China relations. “The efficiency and fairness in handling commercial cases and the use of Guiding Cases in the adjudication of commercial [cases]” was one of the key topics discussed during the first dialogue joined by the U.S. Departments of Justice and Commerce.

scholarly journals SENTENCING FOR THE OFFENSE OF FALSE TESTIMONY IN THE LIGHT OF JUDICIAL DECISIONS

Probacja ◽  
2020 ◽  
Vol 2 ◽  
pp. 31-63
Author(s):  
Izabela Urbaniak-Mastalerz
Keyword(s):  
Supreme Court ◽  
Case Law ◽  
Current Case ◽  
Judicial Decisions ◽  
Starting Point ◽  
The Supreme Court ◽  
The Law

The study presents the problems of courts, in the case of sentencing for crimes of false testimony in the light of judicial decisions. The article is, therefore, a presentation of issued decisions of common courts and the Supreme Court in the scope of this off ense, indicating the changes made to the law. The author will attempt to resolve the problem of the circumstances in which a false testimony is sentenced for as an off ence, given the current case-law of the Supreme Court and common courts. The conclusions of the discussed principles of sentencing for this crime (based on available statistics), will be the starting point for the assessment.

scholarly journals Models of Disability and Their Influence on Judicial Decisions: A Preliminary Approach from the Perspective of the Spanish Case Law

2020 ◽  
Vol 29 (3) ◽  
pp. 173
Author(s):  
Antonio-Luis Martínez-Pujalte
Keyword(s):  
Supreme Court ◽  
Case Law ◽  
Social Model ◽  
Future Research ◽  
Persons With Disabilities ◽  
Judicial Decisions ◽  
Models Of Disability ◽  
The Social

<p>The purpose of this article is to show the influence on judicial decisions of the approach to disability embedded in the person’s mentality. A brief introduction to the different paradigms of disability is previously provided, distinguishing mainly between the medical and the social model, and noting that the latter has been incorporated by the Convention on the Rights of Persons with Disabilities. The analysis of two recent decisions of the Spanish Supreme Court illustrates the influence of the different models of disability on legal judgements. Finally, some conclusions from this analysis are suggested, which can mark a path for future research.</p>

Mental illness in the workplace: The tension between productivity and reasonable accommodation

1995 ◽  
Vol 23 (1) ◽  
pp. 155-184 ◽  
Author(s):  
Susan L. Pollet
Keyword(s):  
Mental Illness ◽  
Mentally Ill ◽  
Americans With Disabilities Act ◽  
Case Law ◽  
Recent Case ◽  
Reasonable Accommodation ◽  
Rehabilitation Act Of 1973 ◽  
Reasonable Accommodations ◽  
Rehabilitation Act ◽  
The Individual

This article discusses the current legislation that an employer must comply with when dealing with employees who suffer from mental illness and the extent to which an employer must provide reasonable accommodations to such individuals. It includes a discussion of the standards, including the reasonable accommodation requirement, under both the Rehabilitation Act of 1973 (“Rehabilitation Act”) and the Americans with Disabilities Act of 1990 (“ADA”). The article also discusses recent case law involving claims under the above legislation with respect to the threshold question of whether the individual has a “qualifying handicap” and reasonable accommodation issues. The article concludes with a discussion of recommendations regarding ways in which an employer can reasonably accommodate a mentally ill employee, with a brief analysis of some of the barriers to accomplishing same.

A Case Law Review of the Individuals with Disabilities Education Act for Children with Hearing Loss or Auditory Processing Disorders

2010 ◽  
Vol 21 (07) ◽  
pp. 426-440 ◽  
Author(s):  
Brian M. Kreisman ◽  
Andrew B. John
Keyword(s):  
Hearing Loss ◽  
Supreme Court ◽  
Auditory Processing ◽  
Case Law ◽  
Courts Of Appeals ◽  
Individuals With Disabilities ◽  
Disabilities Education Act ◽  
Education Act ◽  
Children With Hearing Loss ◽  
The U.S

Background: In 1975, Congress passed the Education for All Handicapped Children Act (Public Law 94-142), and it has been revised and modified several times. At the time of this writing, this law was most recently amended by the Individuals with Disabilities Education Improvement Act (Pub. L. No. 108-446, 118 Stat. 2647, December 3, 2004), which took effect on July 1, 2005. Colloquially the law is still referred to as the Individuals with Disabilities Education Act (IDEA). Children with hearing loss or auditory processing disorder (APD) may qualify for services under IDEA. However, a review of the literature found no review of case law for such children. Purpose: This article provides a comprehensive review of case law involving the IDEA and children with hearing loss or APD from the U.S. Supreme Court and U.S. courts of appeals. Research Design: We conducted a systematic review of case law. A LexisNexis search for cases involving IDEA and children with hearing loss or APDs was conducted. For the purpose of the present case review, all appellate decisions (cases accepted by the U.S. courts of appeals or the U.S. Supreme Court) were included if they found that the child had hearing loss or APD, regardless of the reason for the appeal under IDEA. In the instance of multiple cases that involved the same two parties, these cases are summarized together to provide the legal context. Brief explanations of IDEA and the federal judicial process as it pertains to IDEA disputes are presented. Following these explanations, a chronological review of IDEA appellate cases concerning students with hearing loss or APD is provided. Results: The IDEA cases reviewed focus on three main issues: placement of the child, methodology of teaching, and the provision of services. Conclusions: This case law review provides a helpful summary of higher court cases for educational audiologists and parents of children with hearing loss or APDs, as well as educators, individualized education program team members, school administrators, and legal representatives involved in IDEA cases.

scholarly journals Tax Treatment Of U. S. Companies Participating In The Maquiladora Industry: Recent Developments Involving The Intergovernmental Agreement On Transfer Pricing And Other Issues

2011 ◽  
Vol 1 (11) ◽  
Author(s):  
Anita Isley ◽  
Art Cassill ◽  
Nancy L. Cassill
Keyword(s):  
Transfer Pricing ◽  
The United States ◽  
Border Region ◽  
Employment Opportunities ◽  
Economic Changes ◽  
Foreign Countries ◽  
Recent Developments ◽  
The Relationship ◽  
The U.S ◽  
Over Time

The relationship between U.S. companies and Mexican maquiladoras has been evolving for more than thirty years. The original advantages of lower taxes, cheaper labor, quick delivery and special tariff treatments enabled U.S. companies to increase cost-effectiveness and remain competitive worldwide. The arrangement also brought employment opportunities and prosperity to the border region of Mexico. Over time, however, many of the original advantages for both the United States and Mexico have either eroded or disappeared completely. As political and economic changes have occurred, so have changes within the maquiladora industry. In addition, the maquiladoras now face increasing competition from other foreign countries for U.S. business once reserved for the maquiladoras. This paper will examine these issues and the implications of recent changes for both the maquiladora industry and for the U.S. companies who use their services.

Disclosure of Mental Illness to Employers: Legal Recourses and Ramifications

1992 ◽  
Vol 20 (1) ◽  
pp. 85-102 ◽  
Author(s):  
Renée Ravid
Keyword(s):  
Mental Illness ◽  
Mentally Ill ◽  
Americans With Disabilities Act ◽  
Drug Testing ◽  
Case Law ◽  
Medical Examination ◽  
Reasonable Accommodation ◽  
Mentally Disabled ◽  
Employment Setting ◽  
The Law

Court rulings on discriminatory employment procedures have varied in their interpretation of the law. The landmark Americans with Disabilities Act of 1990 promises to eliminate discrimination against the increasing number of physically and mentally disabled. This article examines past legislation, case law, and changes under the ADA that have affected or will affect the mentally ill in the employment setting. The ADA addresses the issue of confidentiality, distinguishing drug testing from medical examination restrictions. Controversy regarding its implementation is discussed, emphasizing the legal ramifications for psychiatrists who may be asked to assess the fitness of applicants and employees and to make recommendations regarding their “reasonable accommodation.”

scholarly journals El precedente de la Corte Suprema de Justicia de la Nación Argentina

2020 ◽  
Vol 1 (2) ◽  
pp. 585-626
Author(s):  
Florencia Ratti
Keyword(s):  
Supreme Court ◽  
Case Law ◽  
Judicial Decisions

This paper deals with precedent in the Argentine Supreme Court by describing how it works both vertically and horizontally. It explains the current doctrine of precedent the Court develo-ped through its case law and analyses its workability in some recent cases. Finally, it examines some necessary techniques related to a proper use of precedent, such as the acknowledgment of the material facts, the structure and clarity of judicial decisions, its publication, and the identification of legitimate (and illegitimate or, at least, questionable) factors of overruling.

The Federal Constitutional Law on Taxation and Religion

2017 ◽  
Author(s):  
Edward A. Zelinsky
Keyword(s):  
Supreme Court ◽  
First Amendment ◽  
Constitutional Law ◽  
Case Law ◽  
Willingness To Accept ◽  
Tax Base ◽  
Related Case ◽  
Federal Constitutional ◽  
The Church ◽  
The U.S

This chapter discusses the tax-related case law of the U.S. Supreme Court under the First Amendment, presaging many of the themes of this book: The first of these is the significance of entanglement considerations in the taxation and exemption of religious entities and actors. Minimizing church-state entanglement should be a critical, often controlling, consideration in the decision to tax or exempt sectarian institutions. A second theme emerging from the Supreme Court’s case law is the distinction between enforcement-related entanglement and borderline entanglement. When it comes to taxing or exempting the church, there are no purely disentangling choices. A third theme is the greater judicial willingness to accept the tax exemption of sectarian institutions and actors when exemption simultaneously extends to non-sectarian entities and individuals. A fourth teaching emerging from the Court’s case law is that an exemption may serve a non-subsidizing purpose and properly help to define the tax base.

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