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Everyday Law for Individuals with Disabilities [Kõva köide]

  • Formaat: Hardback, 298 pages, kõrgus x laius: 229x152 mm, kaal: 521 g
  • Ilmumisaeg: 15-Dec-2005
  • Kirjastus: Routledge
  • ISBN-10: 1594511446
  • ISBN-13: 9781594511448
Teised raamatud teemal:
  • Formaat: Hardback, 298 pages, kõrgus x laius: 229x152 mm, kaal: 521 g
  • Ilmumisaeg: 15-Dec-2005
  • Kirjastus: Routledge
  • ISBN-10: 1594511446
  • ISBN-13: 9781594511448
Teised raamatud teemal:
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

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.For more information visit http: //ruthcolker.com.
Preface xi
Acknowledgments xvii
List of Acronyms
xix
Introduction
1(10)
Focus on Federal Disability Discrimination Laws
2(1)
History and Overview of Federal Disability Discrimination Laws
2(5)
Goals and Outline of This Book
7(3)
Notes
10(1)
The Law of Employment Discrimination
11(26)
Relevant Statutes
12(2)
Who Is Covered
14(6)
General Types of Discriminatory Practices
20(4)
Request for Reasonable Accommodation
24(4)
Defenses
28(3)
Interaction Between ADA Title I and Social Security Disability Insurance
31(1)
Remedies
32(4)
Conclusion
36(1)
Notes
36(1)
The Law of Special Education: Preschool--12
37(32)
Relevant Statutes
38(2)
Definition of Disability
40(3)
Testing
43(3)
Free and Appropriate Public Education
46(1)
Related Services
47(2)
The Individualized Family Service Plan and Individualized Education Program
49(7)
Least Restrictive Environment
56(1)
Discipline Issues
57(3)
Private Schooling
60(3)
Complaint Process
63(3)
Conclusion
66(1)
Notes
67(2)
Postsecondary Education
69(30)
Transition from High School to Postsecondary Education
69(1)
Laws Governing Disability Discrimination in Postsecondary Education
70(8)
Reasonable Accommodations
78(6)
Interactive Process
84(1)
Safety
85(1)
Academic Deference
86(1)
Nonacademic Programs and Services
87(1)
Notice and Documentation of Disability
88(1)
Retaliation
89(1)
Hostile Learning Environment
89(1)
Individuals with Learning Disabilities
90(4)
Enforcement
94(4)
Conclusion
98(1)
Access and Accommodation
99(36)
Qualified Individual with a Disability
101(5)
ADA Title II: Access to State and Local Government Services
106(1)
ADA Title III: Access to Private Entities
107(2)
Accessibility of Buildings and Facilities
109(1)
Accessibility of New Construction and Alterations to Existing Facilities
110(5)
Removal of Barriers from Existing Facilities
115(4)
Landlords and Tenants
119(1)
Auxiliary Aids and Services
120(2)
Enforcement and Remedies Against State and Local Governments
122(7)
Enforcement and Remedies Against Private Entities
129(3)
Electronic and Information Technology Used by Federal Agencies
132(1)
Conclusion
133(2)
Transportation
135(28)
Ground Transportation Provided by Public Entities
135(8)
Transportation Provided by Private Entities
143(6)
Accessibility Requirements for Vehicles Operated by Public and Private Entities
149(3)
Administrative Enforcement Actions by the Federal Transit Administration
152(1)
Lawsuits by Private Individuals
153(1)
Airline Transportation
153(8)
Conclusion
161(2)
Housing
163(20)
Discrimination in the Rental or Sale of Housing
164(4)
Reasonable Accommodations
168(2)
Service Animals
170(1)
Direct Threat Defense
171(1)
Discrimination in Residential Real Estate--Related Transactions
172(1)
Discrimination in Provision of Brokerage Services
173(1)
Interference or Coercion
173(1)
Zoning
174(2)
FHA: Enforcement and Remedies
176(4)
Section 504
180(1)
Conclusion
180(3)
Voting
183(20)
The 2004 Election
184(1)
Voter Disenfranchisement
185(4)
Accessibility Problems
189(3)
Early Statutory Protections
192(1)
Voting Accessibility for the Elderly and Handicapped Act
192(3)
Americans with Disabilities Act
195(1)
Help America Vote Act
196(1)
Enforcement Problems
197(2)
Judicial Intervention
199(1)
Nonjudicial Options
200(1)
Voting Resources
200(1)
Conclusion
201(1)
Notes
201(2)
Conclusion
203(8)
Appendix: National and State Resources 211(58)
Index 269(6)
About the Authors 275
Ruth Colker The Ohio State University Moritz College of Law. Adam A. Milani Mercer University Law School