Why courts cannot deny ADA protection to plaintiffs who do not use available mitigating measures for their impairments

Congress intended the Americans with Disabilities Act ("ADA") to provide strong standards for addressing and eliminating discrimination against individuals with disabilities. Many commentators have concluded, however, that the federal courts are undermining the goals of the ADA by too narrowly construing membership in the statute's protected class. One example of this trend is courts' hostile treatment of ADA plaintiffs who do not use medications or devices that might alleviate their impairments ("nonmitigating plaintiffs"). Numerous district and appellate decisions have held or suggested that nonmitigating plaintiffs are not protected by the ADA. In addition, some commentators have proposed that courts should evaluate the reasonableness of a plaintiff's decision not to use mitigating measures; they argues that it is unfair to burden an employer with the cost of accommodating a disability that continues to exist only because an employee unreasonably refuses to mitigate it. Contrary to the views of these courts and commentators, however, this Comment will show that nonmitigating plaintiffs are entitled to ADA protection from employment discrimination. It argues that the statute's language, history, and structure, as well as Supreme Court precedent, demonstrate that courts cannot deny ADA protection based on a plaintiff's nonuse of available mitigating measures. It also presents several considerations that weigh against any future congressional enactment that would tie ADA protection to the reasonableness of a plaintiff's decision not to mitigate an impairment.     

The Skinny on Body Dissatisfaction: A Longitudinal Study of Adolescent Girls and Boys

The present study tested whether theoretically derived risk factors predicted increases in body dissatisfaction and whether gender moderated these relations with data from a longitudinal study of 428 adolescent girls and boys because few prospective studies have examined these aims, despite evidence that body dissatisfaction increases risk for various psychiatric disturbances. Body dissatisfaction showed significant increases for girls and significant decreases for boys during early adolescence. For both genders, parental support deficits, negative affectivity, and self-reported dietary restraint showed significant relations to future increases in body dissatisfaction. Ideal body internalization and body mass index did not demonstrate significant relations to future increases in body dissatisfaction; peer support deficits showed a marginal relation to this outcome. Gender did not moderate these relations, despite adequate power to detect interactive effects.

How Voters Evaluate Economic Competence: A Comparison between Parties In and Out of Power

Accounts of general election outcomes increasingly talk about voters comparing parties in terms of their perceived competence to manage the economy and public services. This raises the question of how voters form evaluations of party competence. While it is assumed that voters form evaluations of the incumbent based on the signals provided by its current performance in office it is less clear how, in the absence of such a performance record, voters might evaluate the potential competence of the opposition. Using data from the British Election Panel Studies this article models the process by which voters form evaluations of parties' competence to manage the economy and compares results across incumbent and opposition parties. On the basis of evidence from general elections of 1992–2001 the article demonstrates that the process of evaluation formation does differ between parties in and out of power with retrospective evaluations of recent economic performance influencing evaluations of the former but not the latter. Nevertheless, the article also demonstrates that voters are capable of forming evaluations of the opposition which are more than a simple mirror image of their evaluations of the incumbent. In the absence of an up-to-date performance record these evaluations are based on long-term partisan and ideological predispositions and the cues provided by party leaders.     

Considering Knowledge Uptake within a Cycle of Transforming Data,Information, and Knowledge

Knowledge uptake, having decision makers assimilate the ideas of experts, is recognized as an important stimulus to bringing about policy change. This is particularly true in the realm of environmental policymaking, which is characterized by knowledge intensity, complexity, and multifaceted concerns. Using examples from an innovative watershed management organization, this article presents a heuristic for understanding how knowledge uptake occurs within a cycle of organizational reasoning. This cycle is driven by activities that transform data, information, and knowledge and that link specialists with decision makers. The heuristic can be used as a diagnostic tool to identify breaks in the transformation process that impede mandate fulfillment and impair capacity building. Lack of appreciation of the dynamic relationship between data, information and knowledge leads to mistimed and ineffective policy interventions that do not result in the hoped for progress in science intended to underpin policy advances.     

The impact of puberty and dating on eating problems among middle school girls

Puberty has been related to the onset of a variety of weight concerns and eating problems among middle school girls, including body dissatisfaction, dieting, and eating disorders. At least two models can be used to explain these relationships. The first emphasizes the timing of puberty, arguing that girls who face early puberty are particularly stressed because of the off-time nature of the event. The second focuses on synchronous events. For girls more than boys, puberty is likely to coincide with the change from elementary to middle school and/or beginning to date. Such synchronous events may create greater stress for girls. Seventy-nine girls were tested during the spring of their sixth- and eighth-grade years. Pubertal and dating status, body dissatisfaction, weight management, and eating disordered attitudes (using the Children's EAT:ChEAT) were assessed. The simple timing model (early vs. on time vs. late) was not supported. The simple synchronous model received some support in that girls with synchronous onset of menstruation and dating had higher ChEAT scores as well as greater body dissatisfaction. However, the data indicated that girls for whom puberty was early and coincidental with dating might be at unusual risk. These girls showed the highest levels of body dissatisfaction and the highest ChEAT scores.Ph.D. from Temple University. Research interest is in developmental psychology.Ph.D. from the University of California at Santa BarbaraThese authors have a joint research program in the developmental psychopathology of eating problems.The first wave of data for this report was collected as part of her undergraduate honors thesis.Earlier versions of these data were presented at the 1991 meeting of the Society for Research in Child Development, Seattle, Washington and the 1992 Conference on Human Development, Atlanta, Georgia.     

Opposition to Israel’s first Qadiya

ABSTRACT

In 2017, following a fraught 22-year struggle, Israel appointed the first female judge (sing. qadiya, pl. qadiyat) to its Islamic (shari’a) courts. This contrasts with the earlier appointments of qadiyat around the world, most notably in the Palestinian Authority in 2009. The Israeli shari’a courts’ jurisdiction over family law, a field of law which engages in women’s issues, makes the introduction of qadiyat particularly salient. This article is among the first to focus academic research on the issue of qadiyat within Israel and is based on field interviews with practitioners and academic experts, as well as documentary primary and secondary sources. This article finds that the obstacles that delayed the appointment of Israel’s first qadiya were a manifestation of the political impact Muslim minority status had on the country’s Muslim and Jewish establishments.     

Navigating Small-Scale Trade Across Thai-Lao Border Checkpoints: Legitimacy,Social Relations and Money

ABSTRACT

Marked in part by a narrow river, the border between the neighbouring provinces of Loei in Thailand and Sayaboury in the Lao PDR appears to be porous and unregulated. While a Friendship Bridge regulates large-scale international trade, an extensive amount of informal, small-scale trade continues to flow across smaller checkpoints and other parts of the river. Trade along these sites is not only highly organised, most of it also happens under the gaze of border officials. This article examines the material and power exchanges that occur at local checkpoints between the different actors involved in the facilitation and restriction of trade. Between Loei and Sayaboury, trade is regulated according to a spectrum of licitness that is constantly negotiated and renegotiated between traders and officials. Negotiations rely on the social relations between these actors and involve practices of gift-giving and bribery, which blur the boundaries between reciprocity and corruption. By focusing on the interactions between state and non-state actors, this article sheds light on the way the informal economy is configured by checkpoint politics.     

Lineup Identification by Children: Effects of Clothing Bias

This study examined effects of clothing cues on children's identification accuracy from lineups. Four- to 14-year-olds (n = 228) saw 12 video clips of individuals, each wearing a distinctly colored shirt. After watching each clip children were presented with a target-present or target-absent photo lineup. Three clothing conditions were included. In 2 conditions all lineup members wore the same colored shirt; in the third, biased condition, the shirt color of only one individual matched that seen in the preceding clip (the target in target-present trials and the replacement in target-absent trials). Correct identifications of the target in target-present trials were most frequent in the biased condition, whereas in target-absent trials the biased condition led to more false identifications of the target replacement. Older children were more accurate than younger children, both in choosing the target from target-present lineups and rejecting target-absent lineups. These findings suggest that a simple clothing cue such as shirt color can have a significant impact on children's lineup identification accuracy.