PUBLICATIONS OF PROFESSOR ROBERT L. BURGDORF JR.
Books | Monographs and Reports | Law Review and Journal Articles
Chapters of Books | Papers, News Articles, Pamphlets, and Other Publications | Website
Books
- Disability Discrimination in Employment Law (Bureau of National Affairs (BNA) 1995) (legal treatise).
- The Legal Rights of Handicapped Persons: 1983 Supplement (Paul Brookes Publishing Co., 1983) (with Patrick P. Spicer).
- The Legal Rights of Handicapped Persons: Cases, Materials, and Text (Paul Brookes Publishing Co., 1980) (first law school casebook on the subject).
Monographs and Reports
- Report and Recommendations of the Special Master in Eastern Paralyzed Veterans Association v. City of New York (July 31, 2017).
- A Promising Start: Preliminary Analysis of Court Decisions under the ADA Amendments Act (National Council on Disability, 2013).
- Righting the ADA (National Council on Disability, 2004).
- Policy Brief Series: Righting the ADA Papers (National Council on Disability):
- No. 1, Righting the Americans with Disabilities Act (National Council on Disability, October 16, 2002).
- No. 2, A Carefully Constructed Law (National Council on Disability, October 30, 2002).
- No. 3, Significance of the Americans with Disabilities Act Finding That Some 43 Million Americans Have Disabilities (National Council on Disability, November 15, 2002).
- No. 4, Broad or Narrow Construction of the Americans with Disabilities Act (National Council on Disability, December 16, 2002).
- No. 5, Negative Media Portrayals of the Americans with Disabilities Act (National Council on Disability, February 20, 2003).
- No. 11, The Role of Mitigating Measures in the Narrowing of the Americans with Disabilities Act’s Coverage (National Council on Disability, March 17, 2003).
- No. 12, The Supreme Court’s Americans with Disabilities Act Decisions and Per Se Disabilities (National Council on Disability, March 19, 2003).
- No. 13, The Supreme Court’s Americans with Disabilities Act Decisions Regarding Substantial Limitation of Major Life Activities (National Council on Disability, April 29, 2003).
- No. 14, The Supreme Court’s Americans with Disabilities Act Decisions Regarding the Not-Just-One-Job Standard (National Council on Disability, May 20, 2003).
- No. 15, The Supreme Court’s Decisions Discussing the “Regarded As” Prong of the Americans with Disabilities Act Definition of Disability (National Council on Disability, May 21, 2003).
- No. 16, The Supreme Court’s Decisions Regarding Validity and Influence of Americans with Disabilities Act Regulations (National Council on Disability, June 4, 2003).
- No. 17, The Supreme Court’s Rejection of the “Catalyst Theory” in the Awarding of Attorney’s Fees and Litigation Costs (National Council on Disability, June 16, 2003).
- No. 18, The Supreme Court’s Refusal to Permit Punitive Damages in Private Lawsuits Under Section 202 of the Americans with Disabilities Act (National Council on Disability, October 1, 2003).
- No. 19, The Supreme Court’s Kirkingburg Decision and the Impact of Federal Safety Regulations in Americans with Disabilities Act (National Council on Disability, October 21, 2003).
- Supreme Court Decisions Interpreting the Americans with Disabilities Act (National Council on Disability, 2002).
- Promises to Keep: A Decade of Federal Enforcement of the Americans with Disabilities Act (National Council on Disability, 2000) (contributing writer, and general editor for Council).
- Assisted Suicide (National Council on Disability, 1997).
- Implications for Federal Policy of the 1986 Harris Survey of Americans with Disabilities (National Council on Disability, 1988).
- Toward Independence (National Council on the Handicapped, 1986) (staff author for Council).
- Accommodating the Spectrum of Individual Abilities (U.S. Commission on Civil Rights, 1983) (with Christopher G. Bell).
- Developmental Disabilities Protection and Advocacy Systems Telecommunications Network Plan (Developmental Disabilities Law Project, 1981) (with Dawn Musgrave and Beverly Falcon).
Law Review and Journal Articles
- Long Overdue Reform of D.C.’s Antediluvian Developmental Disabilities Law: From Forest Haven to the 21st Century, 13 UDC/DCSL L. Rev. 249 (2010).
- Restoring the ADA and Beyond: Disability in the 21st Century, 13 Texas Journal on Civil Liberties & Civil Rights 241 (2008).
- The Americans with Disabilities Act in an International Context, U.S. Commission on Civil Rights, Civil Rights Journal (Fall 1998).
- “Substantially Limited” Protection from Disability Discrimination: The Special Treatment Model and Misconstructions of the Definition of Disability, 42 Villanova Law Review 409 (1997).
- “Equal Members of the Community”: The Public Accommodations Provisions of the Americans with Disabilities Act, 64 Temple Law Review 551 (1991).
- The Americans with Disabilities Act: Analysis and Implications of a Second-Generation Civil Rights Statute, 26 Harvard Civil Rights – Civil Liberties Law Review 413 (1991).
- Eliminating Discrimination Against Physically and Mentally Handicapped Persons: A Statutory Blueprint, 8 Mental and Physical Disability Law Reporter 64 (No. 1, 1984) (with Christopher G. Bell).
- Just Unmarried, 4 Family Advocate 20 (Summer Humor Issue, 1981).
- The Wicked Witch Is Almost Dead: Buck v. Bell and the Sterilization of Handicapped Persons, 50 Temple Law Quarterly 995 (1977) (with Marcia Pearce Burgdorf).
- The Doctrine of the Least Restrictive Alternative, 4 Leadership Series in Special Education 143 (Johnson, Weatherman, and Rehmann, eds. 1975).
- A History of Unequal Treatment: The Qualifications of Handicapped People as a “Suspect Class” Under the Equal Protection Clause, 15 Santa Clara Lawyer 855 (1975) (with Marcia Pearce Burgdorf).
- Ill Effects of a Well-Intentioned Law: The Rights of the Handicapped Overlooked, 3 New Dimensions in Legislation 54 (1972).
Chapters of Books
- Equal Access to Public Accommodations (pp. 183-213) in Milbank Memorial Fund, The Americans with Disabilities Act: From Policy to Practice (Jane West, ed., 1991), reprinted in 69 Milbank Quarterly 183 (1991).
- Chapter I — History — and Chapter IV — Legal Analysis — of Bureau of National Affairs, The Americans with Disabilities Act: A Practical and Legal Guide to Impact, Enforcement, and Compliance (1990).
- One Nation Indivisible: The Civil Rights Challenge for the 1990s, Citizens Commission on Civil Rights (1989) (edited chapters on disability rights issues in employment, housing, education, AIDS, Health and Human Services, etc.).
- Chapters on Equal Opportunity Laws (pp. 19-44) and Housing (pp. 71-76) of On the Threshold of Independence, National Council on the Handicapped (Dr. Andrea Farbman, ed., 1988).
- Communication Technology, People with Disabilities, and the Law, Paper No. 13, Annenberg Washington Program in Communications Policy Studies (1986).
- Second Wind: The Disability Rights Movement Yesterday, Today, and Tomorrow, New Horizons Under the Rehabilitation Act 3, Paralyzed Veterans of America (1985).
- Applicability of Traditional Civil Rights Analysis to Handicap Discrimination Cases, Effective Representation Under the Rehabilitation Act 41, Paralyzed Veterans of America (1984).
- Legal Rights, Chapter 5 of Advocacy in Residential Programs, Research and Training Center in Mental Retardation (Aiken and Rude, eds., 1982).
- Foreword to Sarah H. Haavik and Karl Menninger, Sexuality, Law, and the Developmentally Disabled Person, Paul Brookes Publishing Co. (1981).
- Handbook on the Relationship Between Section 504 and P.L. 94-142, produced under contract with the Office for Civil Rights, U.S. Department of Education, Chapters 5-25 (1981) (with Dawn Musgrave and Patrick P. Spicer).
- Overview of Three New Federal Statutes Giving Rights to Mentally Disabled Persons, 1 Legal Rights of Mentally Disabled Persons 47, Practising Law Institute (1979), reprinted in 17 P.L.I. News, No. 21 (Mar. 5, 1980).
- The Least Restrictive Alternative Requirement: Legal and Administrative Considerations, Section B-2 of Perspectives on Implementation of the “Education for All Handicapped Children Act of 1975”, The Council of the Great City Schools (Johnson and Kowalski, eds. 1977) (with David P. Riley).
- The Law, Chapter 7 of Interdisciplinary Approaches to Human Services, University Park Press (Peter Valletutti and Florence Christoplos, eds., 1977) (with Marcia Pearce Burgdorf).
- The Legal Rights of Mentally Retarded Offenders: Some Underlying Issues, The Mentally Retarded Citizen and the Criminal Justice System 233 (Miles Santamour, ed., 1976).
- Access to Opportunity, Chapter 24 of Issues in the Classification of Children, Jossey-Bass (N. Hobbs, ed., 1975) (with Alan Abeson, Patrick J. Casey, Joseph W. Kunz, and Wanda McNeil).
- Legal Rights: Constitutional and Statutory, Chapter 3 of The Hearing Impaired Mentally Retarded Recommendations for Action, American Speech and Hearing Association (1975).
Papers, News Articles, Pamphlets, and Other Publications
- Why I wrote the Americans with Disabilities Act, The Washington Post (July 24, 2015).
- Professor Burgdorf interviewed by Terry Carter, Has the ADA measured up? Legislation drafter weighs in 25 years later, ABA Journal (July 20, 2015).
- A Dozen Things to Know about the ADA on its 25th Anniversary, UDC David A. Clarke School of Law (June 17, 2015).
- Entry on Americans with Disabilities Act (United States) in the Encyclopedia of Disability (Albrecht, ed.), vol. 1, pp. 93-101 (Sage Publications, 2006).
- Reasonable Accommodation in Disability Nondiscrimination Law in the United States of America, paper delivered at a meeting of the EU Group of Legal Experts on Combatting Discrimination on Grounds of Disability — November 14, 2003.
- Compliance Checklist for Title III of the Americans with Disabilities Act, Americans with Disabilities Act Manual 30:0051 (Bureau of National Affairs, 1992).
- Compliance Checklist for Title I of the Americans with Disabilities Act, Americans with Disabilities Act Manual 20:0051 (Bureau of National Affairs, 1992).
- Changes in the Workforce, Changes in the Workplace: Employment Policy and People with Disabilities, paper developed for the National Commission for Employment Policy in preparation of its report A Changing Nation — Its Changing Labor Force (1991) (see p. 18 n. 36).
- Gas Leak Causes W. Va. Emergency, The Washington Post (August 12, 1985) (as special correspondent, with Thornton).
- Fighting for Access to the Arts, The Washington Post (June 4, 1985) p. B5.
- Client Rights in the Comprehensive Evaluation Process, Rehab Group, Inc. (pamphlet, 1982).
Website
- ADAchronicles – also known as “Burgdorf on Disability Rights”: https://ADAchronicles.org
