Backlash Against the ADA: Reinterpreting Disability Rights

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Linda Hamilton Krieger
University of Michigan Press, 22 feb. 2010 - 376 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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Cuprins

Introduction
1
Unreasonable Bias or Biased Reasoning?
26
Judicial Backlash the ADA and the Civil Rights Model of Disability
62
Disability Narcissism and the Law
98
Judicial Construction of the Meaning of Disability
122
The ADA and the Meaning of Disability
164
Psychiatric Disabilities the Americans with Disabilities Act and the New Workplace Violence Account
189
A Chill Wind from the Past Blows Equal Protection Away
221
Backlash the Political Economy and Structural Exclusion
254
Evidence on Key Controversies Underlying Implementation of the Americans with Disabilities Act
297
The Death of Section 504
323
Sociolegal Backlash
340
Contributors
395
Index
399
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Termeni și expresii frecvente

Pasaje populare

Pagina 100 - But I, that am not shaped for sportive tricks, Nor made to court an amorous looking-glass ; I, that am rudely stamp'd, and want love's majesty To strut before a wanton ambling nymph ; I, that am curtail'd of this fair proportion, Cheated of feature by dissembling nature, Deform'd, unfinish'd, sent before my time 20 Into this breathing world, scarce half made up...
Pagina 100 - Why, I, in this weak piping time of peace, Have no delight to pass away the time, Unless to spy my shadow in the sun And descant on mine own deformity: And therefore, since I cannot prove a lover, To entertain these fair well-spoken days, I am determined to prove a villain And hate the idle pleasures of these days.
Pagina 103 - disability" means, with respect to an individual (A) a physical or mental impairment that substantially limits one or more of the major life activities of such individual; (B) a record of such an impairment; or (C) being regarded as having such an impairment.
Pagina 383 - A qualified individual with a disability is an "individual with a disability who satisfies the requisite skill, experience, education and other job-related requirements of the employment position such individual holds or desires, and who, with or without reasonable accommodation, can perform the essential functions of the job.
Pagina 122 - When I use a word ... it means just what I choose it to mean - neither more nor less.
Pagina 263 - We rarely hear, it has been said, of the combinations of masters, though frequently of those of workmen. But whoever imagines, upon this account, that masters rarely combine, is as ignorant of the world as of the subject. Masters are always and everywhere in a sort of tacit, but constant and uniform, combination, not to raise the wages of labour above their actual rate.
Pagina 21 - ... devices; appropriate adjustment or modifications of examinations, training- materials, or policies; the provision of qualified readers or interpreters; and other similar accommodations for individuals with disabilities. (3) To determine the appropriate reasonable accommodation it may be necessary for the covered entity to initiate an informal, interactive process with the qualified individual with a disability in need of the accommodation.
Pagina 126 - Act, such term means any person who (A) has a physical or mental impairment which substantially limits one or more of such person's major life activities, (B) has a record of such an impairment, or (C) is regarded as having such an impairment.".
Pagina 53 - Thus we define impairment as lacking part or all of a limb, or having a defective limb, organ or mechanism of the body; and disability as the disadvantage or restriction of activity caused by a contemporary social organisation which takes no or little account of people who have physical impairments and thus excludes them from participation in the mainstream of social activities.

Despre autor (2010)

Linda Hamilton Krieger is Professor of Law, University of California School of Law, Berkeley.

Informații bibliografice