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Civil War Pensions
- - - -- Volume 52 Fall 2000 Number 1 BEFOREDISABILITY CIVIL RIGHTS: CIVIL WARPENSIONS AND THE POL~TICSOF DISABILITY IN AMERICA Peter avid ~lanck* Michael Millender** The tenth anniversary of the Americans with Disabilities Act ("ADA") has been a bittersweet event for the scholars and activists who have used the occasion to take stock of the statute's impact on the lives of disabled Americans. On the one hand, they have celebrated the fact that the ADA is quietly transforming the nation's built environment and prompting employers to make workplace accommodations that have enabled disabled persons to join, or remain in, the workforce.' On the other hand, they have noted the discouraging judicial reception of the ADA, which has resulted in defendant victories in over ninety percent of . Professor of Law, of Occupational Medicine, and of Psychology at the University of Iowa, and Director of the Law, Health Policy, and Disability Center at the Iowa College of Law; PLD., Psychology, Harvard University; J.D., Stanford Law School. The research on the lives of the Civil War veterans would not have been possible without the generous assistance of Dr. Rob- ert Fogel and his colleagues at the University of Chicago. Michael Stein and Peter Viechnicki provided most helpful comments on earlier versions of this Article. Special thanks to Barbara Broffitt and Michal Schroeder for invaluable research support. The program of research described herein is supported, in part, by grants from The University of Iowa College of Law Foundation; the National Institute on Disability and Rehabilitation Research, U.S. Department of Education; and" The Great Plains Disability and Technical Assistance Center. -
Appendix K: the Disability Support Pension
K The disability support pension Chapter 6 sets out some options for reform of the DSP given the introduction of the NDIS and NIIS. The desirability and form of change needs to take account of: • the trends in the uptake of the DSP, why these have occurred and what they might mean for policy • the current and impending policy environment and their effects. This appendix examines these issues, as background to the more schematic discussion in the main report. K.1 Background to the DSP Many people with a disability receive their principal income from income support payments, mainly the DSP. Around 800 000 Australians received the DSP in June 2010 at a cost to taxpayers of $11.6 billion in 2009-10. The projected cost is nearly $13.3 billion in 2010-11 and $13.9 billion in 2011-12 (box K.1). The DSP represents the largest income support payment aimed at working age people in Australia and has shifted from around one third of such payments to one half in the decade from 2001-02 (figure K.1). People on DSP are highly disengaged from the labour market. While DSP recipients are permitted to work and to retain at least some benefits, around 90 per cent do not get any income from employment. The share searching for a job is even smaller, with 0.8 per cent of the stock of people on the DSP (or around 6600 people) using Job Services Australia in March 2011.1 1 Centrelink and JSA customer populations from the DEEWR website. -
The Americans with Disabilities Act As Welfare Reform
William & Mary Law Review Volume 44 (2002-2003) Issue 3 Disability and Identity Conference Article 3 February 2003 The Americans with Disabilities Act as Welfare Reform Samuel R. Bagenstos Follow this and additional works at: https://scholarship.law.wm.edu/wmlr Part of the Disability Law Commons Repository Citation Samuel R. Bagenstos, The Americans with Disabilities Act as Welfare Reform, 44 Wm. & Mary L. Rev. 921 (2003), https://scholarship.law.wm.edu/wmlr/vol44/iss3/3 Copyright c 2003 by the authors. This article is brought to you by the William & Mary Law School Scholarship Repository. https://scholarship.law.wm.edu/wmlr THE AMERICANS WITH DISABILITIES ACT AS WELFARE REFORM SAMUEL R. BAGENSTOS* TABLE OF CONTENTS INTRODUCTION ....................................... 923 I. THE CRITIQUE: BETRAYING THE PROMISES OF THE ADA? ... 930 A. The Definition of "Disability ..................... 930 B. JudicialEstoppel Cases ........................... 936 1. The Basic Problem ............................. 936 2. The Cleveland Decision ......................... 941 3. The Cleveland Aftermath ........................ 943 4. The Critique .................................. 948 C. ReasonableAccommodation Cases .................. 949 II. THE ADA AND THE WELFARE REFORM ARGUMENT ........ 953 A. The Welfare Reform Argument and the ADA .......... 957 1. Early Signs: The Commission on Civil Rights and National Council on the HandicappedReports... 958 2. The Welfare Reform Argument in the Congressional Hearings:Members of Congress Build the Case ...... 960 * Assistant Professor of Law, Harvard Law School. Betsy Bartholet, Matthew Diller, Christine Jolls, Gillian Metzger, Frank Michelman, Martha Minow, Richard Parker, Bill Stuntz, David Westfall, Lucie White, and, as always, Margo Schlanger, offered very helpful comments on earlier drafts of this Article. Thanks to Lizzie Berkowitz, Carrie Griffin, Scott Michelman, Nate Oman, and Lindsay Freeman Wiley for their excellent research assistance. -
Social Protection and Social Security (Including Social Protection Floors)
TRANSLATION---------------------------------------------------------------------------------------------------------- Guiding Questions for Defining the Normative Content of the Issues Examined at the Tenth Working Session of the Open-ended Working Group: Social Protection and Social Security (including social protection floors) Definition 1. What is the definition of the right to social security and social protection (including social protection floors) for older persons in the national legislation in your country? Or how should such a right be defined, considering existing national, regional and international legal framework? ¿Cuál es la definición del derecho a la seguridad social y la protección social (incluidos los pisos de protección social) para las personas mayores en la legislación nacional de su país? ¿O cómo debería definirse dicho derecho, considerando el marco legal nacional, regional e internacional existente? The right to social security is recognized in various international law instruments that are enshrined in the constitution in Argentina. In the Argentine Constitution, the right to social security is defined as a comprehensive, inalienable right and as a benefit that must be guaranteed by the State. According to the definition in the Inter-American Convention on Protecting the Human Rights of Older Persons (CIPDHPM), ratified by Argentina, the right to social security is a right that must be afforded to older persons in order for them to lead a decent life. Scope of the right 2. What are the key normative elements of the right to social protection and social security for older persons? Please provide references to existing standards on such elements as below, as well as any additional elements: ¿Cuáles son los elementos normativos clave del derecho a la protección social y la seguridad social para las personas mayores? Proporcione referencias a las normas existentes sobre los elementos que se detallan a continuación, así como sobre cualquier elemento adicional: a) Availability of contributory and non-contributory schemes for older persons. -
Fostering Employment for People with Intellectual Disability: the Evidence to Date
Fostering employment for people with intellectual disability: the evidence to date Erin Wilson and Robert Campain August 2020 This document has been prepared by the Centre for Social Impact Swinburne for Inclusion Australia as part of the ‘Employment First’ project, funded by the National Disability Insurance Agency. ‘ About this report This report presents a set of ‘evidence pieces’ commissioned by Inclusion Australia to inform the creation of a website developed by Inclusion Australia as part of the ‘Employment First’ (E1) project. Suggested citation Wilson, E. & Campain, R. (2020). Fostering employment for people with intellectual disability: the evidence to date, Hawthorn, Centre for Social Impact, Swinburne University of Technology. Research team The research project was undertaken by the Centre for Social Impact, Swinburne University of Technology, under the leadership of Professor Erin Wilson together with Dr Robert Campain. The research team would like to acknowledge the contributions of Ms Jenny Crosbie, Dr Joanne Qian, Ms Aurora Elmes, Dr Andrew Joyce and Mr James Kelly (of the Centre for Social Impact) and Dr Kevin Murfitt (Deakin University) who have collaborated in the sharing of information and analysis regarding a range of research related to the employment of people with a disability. Page 2 ‘ Contents Background 5 About the research design 6 Structure of this report 7 Synthesis: How can employment of people with intellectual disability be fostered? 8 Evidence piece 1: Factors positively influencing the employment of people -
Gerontology (GERO) 1
Gerontology (GERO) 1 GERO 3775 Dementia 3 s.h. GERONTOLOGY (GERO) The understanding of the nature, causes, symptoms, and social consequences of dementia. Attention to the status of aging, caregiving, and to the status of GERO 1501 Introduction to Gerontology 3 s.h. those who suffer from dementia in contemporary society. Basic introduction to the interdisciplinary study of aging. Includes social, Prereq.: GERO 1501 or SOC 1500. psychological, economic, cultural, health, and policy issues. Discussion of GERO 3790 Aging in Cross-Cultural Perspective 3 s.h. normal vs. abnormal (disease-related) aspects of aging. Examines the phenomenon of aging from cross-cultural perspectives with Gen Ed: Social Science. an emphasis on cultural evolution and it's impact upon the status, roles and GERO 3703 Aging and Society 3 s.h. cultural values associated with aging and the aged. Listed also as SOC 3790 An interdisciplinary introduction to studies in aging. Examines the impact of and ANTH 3790. population aging and its effect on society at large. Also examines individual Prereq.: GERO 1501 or ANTH 1500, or SOC 1500. aging processes and social significance of aging. Listed also as SOC 3703. GERO 4801 Later Life Issues 3 s.h. Prereq.: SOC 1500 or GERO 1501. The course is designed as an advanced course in the issues of later life and Gen Ed: Social Science, Well Being, Social and Personal Awareness. long term care services and supports. Cross-Listed: SOC 4801. GERO 3745 Sociology of Health, Illness, and Healthcare 3 s.h. Prereq.: GERO 3703 OR SOC 3703. Social attitudes toward illness. -
Long-Term Disability Programs in Selected Countries by Ilene R
Long-Term Disability Programs in Selected Countries by Ilene R. Zeitzer and Laurel E. Beedon* In 1985, the Social Security Administration commis- sioned an 18-month research project to study disability in eight industrialized countries: Austria, Canada, Finland, the Federal Republic of Germany, Israel, the Netherlands, Sweden, and the United Kingdom. The study focused on three key areas: (1) the initial determination of disability, (2) the methods of monitoring disability, and (3) the incen- tives to return to work. Although the study revealed great variations among the countries in the definition of long- term disability, the approach followed in providing benefits, and the organization and features of the pro- grams, some basic similiarities were also found. Among the similarities are: (1) most countries have several income- maintenance programs to protect workers in the event that they are disabled, and (2) the disability test to determine whether a person is eligible for a disability benefit is am- biguous in that the various programs each have different eligibility criteria, different definitions of disability, differ- ent considerations given to labor-market conditions, and so forth. This article examines the diversity among the coun- tries and attempts to highlight unique approaches to ad- judicating disability, providing linkages to rehabilitation, and creating incentives for returning to work. This article compares key features of social security Overview long-term disability programs in eight industrialized countries.’ The countries whose program features are Most of the countries in the study have three public surveyed are: Austria, Canada, Finland, the Federal income-maintenance programs to protect workers in Republic of Germany, Israel, the Netherlands, case of disability. -
Disability and Aging: Historical and Contemporary Challenges William N
Marquette Elder's Advisor Volume 11 Article 4 Issue 1 Fall Disability and Aging: Historical and Contemporary Challenges William N. Myhill Peter Blanck Follow this and additional works at: http://scholarship.law.marquette.edu/elders Part of the Elder Law Commons Repository Citation Myhill, William N. and Blanck, Peter (2009) "Disability and Aging: Historical and Contemporary Challenges," Marquette Elder's Advisor: Vol. 11: Iss. 1, Article 4. Available at: http://scholarship.law.marquette.edu/elders/vol11/iss1/4 This Article is brought to you for free and open access by the Journals at Marquette Law Scholarly Commons. It has been accepted for inclusion in Marquette Elder's Advisor by an authorized administrator of Marquette Law Scholarly Commons. For more information, please contact [email protected]. DISABILITY AND AGING: HISTORICAL AND CONTEMPORARY CHALLENGES William N. Myhill and Peter Blanck* INTRODUCTION Older Americans and Americans with disabilities face challenges actively participating in the workforce and community, living independently, and aging in place.' The proportion of older adults in the U.S. population is growing rapidly. 2 Similarly, individuals with life-long or existing * William N. Myhill, M.Ed., J.D., Director of Legal Research & Writing, Burton Blatt Institute (BBI), Adjunct Professor (College of Law) & Faculty Associate, Center for Digital Literacy (iSchool), Syracuse University; Peter Blanck, Ph.D., J.D., University Professor & Chairman BBI, Syracuse University. The program of research described herein is supported, in part, by grants from: (a) the National Institute on Disability and Rehabilitation Research (NIDRR), U.S. Department of Education, as follows (i) "Demand Side Employment Placement Models," Grant No. -
1 CURRICULUM VITAE: Robert B. Hudson Boston University School Of
CURRICULUM VITAE: Robert B. Hudson Boston University School of Social Work 264 Bay State Road, Boston, MA 02215 Tele: (617) 353-3759 e-mail: [email protected] EDUCATION Ph.D. University of North Carolina at Chapel Hill; May, 1972 Political Science B.A. Washington and Lee University; June, 1966 EMPLOYMENT Professor of Social Welfare Policy School of Social Work Boston University (1985-Present) Acting Director, SOC/SSW Doctoral Program, 2010 Acting Associate Dean for Academic Affairs (1995-96) Chair, Department of Social Welfare Policy (1988-2014) Associate Professor of Social Policy Graduate School of Social Service Fordham University (1981-1985) Assistant Professor of Politics & Social Welfare Florence Heller Graduate School Brandeis University (1972-1981) AWARDS AND HONORS Visiting Professor, University of Melbourne, 2006. Boston University School of Social Work, Award in Teaching Excellence, 2002-03 Chair, John A. Heinz Dissertation Award Committee, National Academy of Social Insurance, 1999-2010. AWARDS AND HONORS (cont’d.) 1 Donald P. Kent Award, Gerontological Society of America, 1996 Fellow, Employee Benefit Research Institute, 1996 Arthur S. Flemming Award, National Association of State Units on Aging, 1995 Member, Board of Directors, National Academy on an Aging Society, 1995-. Elected Member, National Academy of Social Insurance, 1994 Board of Directors, American Society on Aging, 1990-1993 Chair, Social Research, Planning and Practice Section, Gerontological Society of America, 1988. Fellow, Gerontological Society of America, 1977 Research Career Development Award, National Institute on Aging, National Institutes of Health, 1977-82 Dissertation Research Grant, National Science Foundation, 1970 PUBLICATIONS Hudson, R.B. Forthcoming. Aging politics and policy in the United States. -
Persons with Disabilities Act, 2011 Working Draft (9
Persons with Disabilities Act, 2011 Working Draft (9th February, 2011 version) Prepared by Centre for Disability Studies NALSAR University of Law Hyderabad, India 1 INDEX Contents Page Nos Objects and Reasons Preamble Part I: Introductory • Extent • Enforcement • Purpose • Definitions • Guiding Principles for Implementation and Interpretation Part II: Lifting the Barriers • Awareness Raising • Accessibility • Human Resource Development • Equality and Non discrimination • Pro-active Interventions for Persons with Disability with increased vulnerability. • Women with Disabilities • Children with Disabilities Part III: Legal Capacity and Civil and Political Rights • Right to Equal Recognition before the Law • Right to life • Situations of Risk and Humanitarian Emergencies • Right to Liberty • Access to Justice • Right to Integrity • Right to be Protected against Violence Abuse and Exploitation • Right to Privacy • Freedom of Speech and Expression • Right to Live Independently and in the Community • Right to Home and Family • Right to Exercise Franchise, Stand for Election and Hold Public Office 2 Part IV: Capability Development • Programmatic Entitlements and definition of Persons with Disability • Education • Employment Work Occupation • Social Security • Health • Habilitation and Rehabilitation • Leisure Culture and Sport Part V: Regulatory and Adjudicative Authorities • Disability Rights Authority • Court of the National Disability Commissioners • State Disability Courts Part VI: Offences and Penalties Part VII: Miscellaneous • Power to make rules • Power to make regulations 3 The Rights of Persons with Disabilities Act, 2011 Statement of Objects and Reasons India has ratified the UN Convention on the Rights of Persons with Disabilities (UN CRPD) and has undertaken the obligation to ensure and promote the full realization of all human rights and fundamental freedoms for all Persons with Disabilities without discrimination of any kind on the basis of disability. -
2017 Focus on Faculty Publication
FOCUS ON FACULTY 2017 MESSAGE FROM THE INTERIM PRESIDENT It is my great pleasure to recognize and celebrate the scholarship, teaching, service and overall excellence of our faculty at Bellarmine University. I am profoundly grateful for our faculty’s devotion to classroom instruction that challenges students, and for their support in helping our students to meet those challenges. This volume, however, demonstrates the considerable time, imagination and energy that our faculty give to pursuits beyond the class- room—researching, publishing, creating works of art, leading study-abroad courses and service-learning trips, and providing expertise in the community. These and other accomplishments have allowed Bellarmine University to become a private institution of significant stature—the premier Catholic uni- versity in the South and the leading private institution in the Commonwealth and region. We are proud to showcase our faculty in this publication, which is organized around these goals of Bellarmine’s Strategic Plan: • Celebrate our Catholic identity in the inclusive Merton spirit as the founda- tion of our commitment to student fulfillment, global consciousness and environmental sustainability; • Establish and sustain a climate of excellence throughout the university; • Integrate an international focus and sensibility into all curricular and co-curricular programs; and • Enhance our reputation, expand our market and dramatically grow our enrollment. Achievements listed here represent work that was completed from the fall of 2015 through the end of calendar 2016. They vividly illustrate how Bellar- mine’s excellent faculty bring our mission to life—by educating talented, diverse students of many faiths, ages, nations, and cultures, and also through their scholarship and service. -
Gerontology (GERN)
Gerontology (GERN) GERN 438 PSYCHOLOGICAL ASPECTS OF DISABILITY (3-4) This course is designed to give participants a better understanding of people with GERN 300 THE JOURNEY OF ADULTHOOD (3) disabilities and an awareness of how society regards them. The disabilities ad- Introduces the study of aging from biological, psychological, sociological, and envi- dressed range from traumatic physical injuries through progressive diseases and ronmental perspectives. Aging is presented as a normal state of development with conditions to mental retardation, alcoholism and emotional disabilities. The class is both positive and negative aspects. Specific issues discussed include: health care, appropriate for anyone interested in disability, whether for personal or professional housing, income maintenance, and advocacy. Satisfies GE Area E (The Integrated reasons. Crosslisted with PSY 438. Person). GERN 482 TEACHING INTERNSHIP (1-4) GERN 317 EMOTIONS AND ADULT LIFE (4) Students learn the skills of organization and communication of psychological Emphasizes the social context and social development of emotional responses theory and research under the supervision of a faculty mentor. Prerequisites: GERN throughout adulthood. Analyzes the reciprocal relations between social defini- 300 and consent of instructor. tions and subjective feelings in connection with life events throughout adulthood. GERN 490 INTERNSHIP SEMINAR (1) Addresses both basic emotions, such as fear, anger, pleasure, and excitement, and In this optional seminar, students report on the progress of their internships and more complex emotions, such as love, jealousy, grief, sympathy, pride, shame, and discuss institutional procedures and interactional processes particular to their despair. Cross-listed as SOCI 317. Satisfies GE Area E (The Integrated Person). intern sites.