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The eJournal is sponsored by the Syracuse University College of Law Disability Law and Policy (DLP) Program of the Syracuse University Center on Human Policy, Law, and Disability Studies (CHPLDS). The DLP Program sponsors a range of law school academic programs and co-curricular activities, including the first joint degree program in law and disability studies. The Program is part of the CHPLDS which is the first such university-wide network of academic programs, centers, student organizations, and affiliated faculty whose research, teaching, and advocacy promotes the rights of people with disabilities locally, nationally, and globally.


Table of Contents

The Legal Rights and Repsonsibilities of the Mentally Impaired Employee and His/Her Employer

Anthony Stephen Montagna, Berkeley College, Universum University College

Painful Disparities, Painful Realities

Amanda C. Pustilnik, University of Maryland Francis King Carey School of Law


DISABILITY LAW eJOURNAL
Sponsored by Syracuse University Disability Law & Policy (DLP) Program

"The Legal Rights and Repsonsibilities of the Mentally Impaired Employee and His/Her Employer" Free Download

ANTHONY STEPHEN MONTAGNA, Berkeley College, Universum University College
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This paper will cover the legal rights of the "mentally ill" employee in a work setting and the corresponding rights of his/her employer. Initially, federal law will be discussed, then state law. I will take a look at how other countries have dealt with this problem in the workplace. Throughout my discussion, I will refer to recent federal acts, associations and organizations that brought about change in this much ignored area of the law. Employers today face a growing number of lawsuits alleging discrimination on the basis of mental disability. It should be noted that this paper does not include those mentally disordered persons who are a danger to themselves and/or others.

"Painful Disparities, Painful Realities" Free Download
U of Maryland Legal Studies Research Paper No. 2014-18

AMANDA C. PUSTILNIK, University of Maryland Francis King Carey School of Law
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Legal doctrines and decisional norms treat chronic claims pain differently than other kinds of disability or damages claims because of bias and confusion about whether chronic pain is real. This is law’s painful disparity. Now, breakthrough neuroimaging can make pain visible, shedding light on these mysterious ills. Neuroimaging shows these conditions are, as sufferers have known all along, painfully real. This Article is about where law ought to change because of innovations in structural and functional imaging of the brain in pain. It describes cutting-edge scientific developments and the impact they should make on evidence law and disability law, and, eventually the law’s norms about pain. It suggests that pain neuroimaging will solve current legal problems and also open the door to reconsiderations of law’s treatment of other subjective phenomena like mental states and emotions, going to the theoretical heart of legal doctrines about body and mind.

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About this eJournal

Sponsored by: Syracuse University Disability Law & Policy (DLP) Program.


This eJournal distributes working and accepted paper abstracts which address issues of domestic, comparative, and international disability law and policy and disability studies, including  issues related to mental health and mental disability law and policy. The eJournal addresses legal issues, legislation, policy and a critical examination of disability as part of diversity in the US and in other societies throughout the world.

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