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Burgdorf: Publications


Books | Monographs and Reports | Law Review and Journal Articles
Chapters of Books | Papers, News Articles, Pamphlets, and Other Publications


  • 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 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

  • 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) (papers numbered 1 through 5, and 11 through 19).

  • Supreme Court Decisions Interpreting the Americans with Disabilities Act (National Council on Disability).

  • 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 Bell).

  • Developmental Disabilities Protection and Advocacy Systems Telecommunications Network Plan (Developmental Disabilities Law Project, 1981) (with Musgrave and 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 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 M. 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 M. 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 (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 (A. 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 Haavik and 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 Musgrave and 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 Riley).

  • The Law, Chapter 7 of Interdisciplinary Approaches to Human Services, University Park Press (Valletutti and Christoplos, eds., 1977) (with M. Burgdorf).

  • The Legal Rights of Mentally Retarded Offenders: Some Underlying Issues, The Mentally Retarded Citizen and the Criminal Justice System 233 (Santamour, ed., 1976).

  • Access to Opportunity, Chapter 24 of Issues in the Classification of Children, Jossey-Bass (N. Hobbs, ed., 1975) (with Abeson, Casey, Kunz, and 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).



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