Backlash Against the ADA: Reinterpreting Disability RightsLinda Hamilton Krieger University of Michigan Press, 24 mar. 2003 - 408 pagini For civil rights lawyers who toiled through the 1980s in the increasingly barren fields of race and sex discrimination law, the approval of the Americans with Disabilities Act in 1990 by a nearly unanimous U.S. House and Senate and a Republican President seemed almost fantastic. Within five years of the Act's effective date, however, observers were warning of an unfolding assault on the ADA by federal judges, the media, and other national opinion-makers. A year after the Supreme Court issued a trio of decisions in the summer of 1999 sharply limiting the ADA's reach, another decision invalidated an entire title of the act as it applied to the states. By this time, disability activists and disability rights lawyers were speaking openly of a backlash against the ADA. What happened, why did it happen, and what can we learn from the patterns of public, media, and judicial response to the ADA that emerged in the 1990s? In this book, a distinguished group of disability activists, disability rights lawyers, social scientists and humanities scholars grapple with these questions. Taken together, these essays construct and illustrate a new and powerful theoretical model of sociolegal change and retrenchment that can inform both the conceptual and theoretical work of scholars and the day-to-day practice of social justice activists. Contributors include Lennard J. Davis, Matthew Diller, Harlan Hahn, Linda Hamilton Krieger, Vicki A. Laden, Stephen L. Percy, Marta Russell, and Gregory Schwartz. Backlash Against the ADA will interest disability rights activists, lawyers, law students and legal scholars interested in social justice and social change movements, and students and scholars in disability studies, political science, media studies, American studies, social movement theory, and legal history. Linda Hamilton Krieger is Professor of Law, University of California School of Law, Berkeley. |
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... Supreme Court might reverse the hostile judicial tide were temporarily buoyed in 1998 , with the Court's decision in Bragdon v . Abbott , " which held that asymptomatic HIV infection consti- tuted a disability within the meaning of the ...
... Supreme Court might reverse the hostile judicial tide were temporarily buoyed in 1998 , with the Court's decision in Bragdon v . Abbott , " which held that asymptomatic HIV infection consti- tuted a disability within the meaning of the ...
Pagina 158
... Supreme Court's New Hypertextualism : An Invitation to Cacophony and Incoherence in the Administrative State , 95 ... Supreme Court , 30 ARIZ . ST . L.J. 275 , 277 ( 1998 ) ( discussing rise of textualism ) . 103. See Eskridge , supra ...
... Supreme Court's New Hypertextualism : An Invitation to Cacophony and Incoherence in the Administrative State , 95 ... Supreme Court , 30 ARIZ . ST . L.J. 275 , 277 ( 1998 ) ( discussing rise of textualism ) . 103. See Eskridge , supra ...
Pagina 407
... Supreme Court tenBroek , Jacobus , 45 , 221 , 224 , 244-45 Textualism , 15 , 123 , 134 , 149 role of grammatical parsing in , 142 , 313 See also Statutory interpretation Thomas , Justice Clarence , 316 Title VII of the Civil Rights Act ...
... Supreme Court tenBroek , Jacobus , 45 , 221 , 224 , 244-45 Textualism , 15 , 123 , 134 , 149 role of grammatical parsing in , 142 , 313 See also Statutory interpretation Thomas , Justice Clarence , 316 Title VII of the Civil Rights Act ...
Cuprins
Introduction | 1 |
Accommodations and the | 16 |
Unreasonable Bias or Biased Reasoning? | 26 |
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Backlash Against the ADA: Reinterpreting Disability Rights Linda Hamilton Krieger Previzualizare limitată - 2010 |
Backlash Against the ADA: Reinterpreting Disability Rights Linda Hamilton Krieger Previzualizare limitată - 2010 |
Backlash Against the ADA: Reinterpreting Disability Rights Linda Hamilton Krieger Previzualizare limitată - 2003 |
Termeni și expresii frecvente
ability ADA's administrative affirmative action Americans with Disabilities analysis antidiscrimination applied argue backlash civil rights model claims Cleburne Cleburne Living Center Colker Congress constitutional decisions definition of disability Disabilities Act disability discrimination Disability Policy disability rights disability rights movement disabled persons economic EEOC employers employment discrimination enacted enforcement equal protection equal protection clause example federal Fourteenth Amendment Garrett Harlan Hahn impact impairment individuals with disabilities interpretation issue Jane West judges judicial Justice labor legislative history Linda Hamilton major life activity meaning ment mentally retarded mitigating measures model of disability National nondisabled percent persons with disabilities physical plaintiff political pro-defendant problem programs prong reasonable accommodation regard Rehabilitation Act result Section 504 sociolegal Statistics statute statute's statutory stigma substantially limited Supp supra note Supreme Court Sutton tion transformative treatment Vande Zande wage workers workplace violence
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