Same Struggle, Different Difference: ADA Accommodations as Antidiscrimination

Mandatory reassignment under the ADA: the circuit split and need for a socio-political understanding of disability.

Stewart, and the other Cornell Law Review editors and associates for all of their hard work and invaluable feedback. Standing at the top of the courthouse steps and telling a litigant who uses a wheelchair, "You may come in, " is a disingenuous statement of equal opportunity. Explaining to [a] deaf person that his right to participate in a trial has been met by virtue of his physical presence i...

Electronic doors to education: study of high school website accessibility in Iowa.

The Americans with Disabilities Act (ADA), and Sections 504 and 508 of the Rehabilitation Act, prohibit discrimination against people with disabilities in all aspects of daily life, including education, work, and access to places of public accommodations. Increasingly, these antidiscrimination laws are used by persons with disabilities to ensure equal access to e-commerce, and to private and pu...

The Unrelenting Libertarian Challenge to Public Accommodations Law

There seems to be a broad consensus that Title II of the Civil Rights Act of 1964, which prohibits race discrimination in places of public accommodation, was a remarkable success. But the consensus is illusory. Laws prohibiting discrimination by public accommodations currently exist under a significant legal threat. And this threat is merely the latest iteration in the controversy over public a...

Burdens, Accommodations, and More Burdens: Using ADA Case Law to Evaluate Third-Party Costs Imposed On Employees In Corporate RFRA Cases

Responsiveness to difference: ADA accommodations in the course of an arrest.

When the Supreme Court heard argument in City & County of San Francisco v. Sheehan in the spring of 2015, it intended to resolve a circuit split. In granting certiorari, the Court planned to clarify whether individuals with disabilities can sue police officers under the ADA if an officer fails to accommodate a disability in the course of an arrest. However, because the petitioners failed to bri...