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Everyday Law for Individuals with Disabilities [Pehme köide]

  • Formaat: Paperback / softback, 296 pages, kõrgus x laius: 229x152 mm, kaal: 430 g
  • Ilmumisaeg: 15-Dec-2005
  • Kirjastus: Routledge
  • ISBN-10: 1594511454
  • ISBN-13: 9781594511455
Teised raamatud teemal:
  • Formaat: Paperback / softback, 296 pages, kõrgus x laius: 229x152 mm, kaal: 430 g
  • Ilmumisaeg: 15-Dec-2005
  • Kirjastus: Routledge
  • ISBN-10: 1594511454
  • ISBN-13: 9781594511455
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. 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.
Preface xi
Acknowledgments xvii
List of Acronyms xix
1 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)
2 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)
3 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)
4 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)
5 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)
6 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)
7 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)
8 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)
9 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