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Backlash Against the ADA

Backlash Against the ADA
Author: Linda Hamilton Krieger
Publisher: University of Michigan Press
Total Pages: 420
Release: 2010-02-22
Genre: Social Science
ISBN: 9780472025497

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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.


Backlash Against the ADA

Backlash Against the ADA
Author: Linda Hamilton Krieger
Publisher: University of Michigan Press
Total Pages: 376
Release: 2010-02-22
Genre: Social Science
ISBN: 047202549X

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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.


Rights of the Disabled

Rights of the Disabled
Author: David M. Haugen
Publisher: Infobase Publishing
Total Pages: 305
Release: 2008
Genre: Law
ISBN: 1438100205

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Provides an overview, chronology of events, glossary and annotated bibliography for disability rights in the United States.


No Pity

No Pity
Author: Joseph P. Shapiro
Publisher: Crown
Total Pages: 397
Release: 2011-06-22
Genre: Political Science
ISBN: 0307798321

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“A sensitive look at the social and political barriers that deny disabled people their most basic civil rights.”—The Washington Post “The primer for a revolution.”—The Chicago Tribune “Nondisabled Americans do not understand disabled ones. This book attempts to explain, to nondisabled people as well as to many disabled ones, how the world and self-perceptions of disabled people are changing. It looks at the rise of what is called the disability rights movement—the new thinking by disabled people that there is no pity or tragedy in disability and that it is society’s myths, fears, and stereotypes that most make being disabled difficult.”—from the Introduction


Equality of Opportunity

Equality of Opportunity
Author: Jonathan M. Young
Publisher:
Total Pages: 206
Release: 2010
Genre:
ISBN:

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In this paper the author offers a reprint of "Equality of Opportunity: The Making of the Americans with Disabilities Act" (July 26, 1997). This personal story is part and parcel of the ADA's (Americans with Disabilities Act) significance in the society. The ADA is a nondiscrimination law. It is a clarion call for transforming attitudes about disability. The ADA proclaims that all people, including people with disabilities, should participate fully in all aspects of communities and have opportunities to take risks, to succeed, and--yes--to fail. Equality of opportunity means having a chance to live independently and become financially secure, but it is not a guarantee. Understanding the history of the ADA is every bit as important as when "Equality of Opportunity" was first published in 1997. Arguably, the urgency is even greater now. Achieving equality of opportunity for people with disabilities depends in large measure on individual transformative experiences like the one the author had through writing the history of the ADA. Thus, the author hopes that this reprint of "Equality of Opportunity" enables more people to understand the ADA and the outmoded structural and attitudinal barriers it was meant to tear down. A glossary of included. List of Interviews is appended. (Contain 443 notes.).


Disputing Under the Americans with Disabilities Act

Disputing Under the Americans with Disabilities Act
Author: Scott Burris
Publisher:
Total Pages: 0
Release: 2006
Genre:
ISBN:

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Title I of the Americans with Disabilities Act (ADA) has been the subject of controversy ever since it took effect. Critics argue that it has inspired a barrage of claims brought by people who do not have serious disabilities, that most cases of employment discrimination brought under the ADA involve people who already have jobs, and that this avalanche of frivolous claims may produce a backlash by businesses, ultimately hurting the very people the law was meant to help. In contrast, disability advocates have expressed strong concerns that the federal courts have interpreted the ADA far more narrowly than Congress intended, holding that plaintiffs with significant impairments do not meet the statute's definition of a qualified person with a disability and incorrectly dismissing legitimate claims brought by people the law was designed to protect. This paper contributes to an assessment of the ADA based on data, rather than prior principles. The paper briefly reviews research and theory on disputing; applies disputing theory to data from our ongoing research on ADA employment discrimination administrative claims; reviews American Bar Association data on ADA federal court final decisions; and concludes with some interpretations of the ADA and our own data - and more questions.


Nothing About Us Without Us

Nothing About Us Without Us
Author: James I. Charlton
Publisher: Univ of California Press
Total Pages: 215
Release: 1998-03-27
Genre: Social Science
ISBN: 0520925440

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James Charlton has produced a ringing indictment of disability oppression, which, he says, is rooted in degradation, dependency, and powerlessness and is experienced in some form by five hundred million persons throughout the world who have physical, sensory, cognitive, or developmental disabilities. Nothing About Us Without Us is the first book in the literature on disability to provide a theoretical overview of disability oppression that shows its similarities to, and differences from, racism, sexism, and colonialism. Charlton's analysis is illuminated by interviews he conducted over a ten-year period with disability rights activists throughout the Third World, Europe, and the United States. Charlton finds an antidote for dependency and powerlessness in the resistance to disability oppression that is emerging worldwide. His interviews contain striking stories of self-reliance and empowerment evoking the new consciousness of disability rights activists. As a latecomer among the world's liberation movements, the disability rights movement will gain visibility and momentum from Charlton's elucidation of its history and its political philosophy of self-determination, which is captured in the title of his book. Nothing About Us Without Us expresses the conviction of people with disabilities that they know what is best for them. Charlton's combination of personal involvement and theoretical awareness assures greater understanding of the disability rights movement.


Shakin' All Over

Shakin' All Over
Author: George McKay
Publisher: University of Michigan Press
Total Pages: 230
Release: 2013-10-28
Genre: Music
ISBN: 0472120042

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Given the explosion in recent years of scholarship exploring the ways in which disability is manifested and performed in numerous cultural spaces, it’s surprising that until now there has never been a single monograph study covering the important intersection of popular music and disability. George McKay’s Shakin’ All Over is a cross-disciplinary examination of the ways in which popular music performers have addressed disability: in their songs, in their live performances, and in various media presentations. By looking closely into the work of artists such as Johnny Rotten, Neil Young, Johnnie Ray, Ian Dury, Teddy Pendergrass, Curtis Mayfield, and Joni Mitchell, McKay investigates such questions as how popular music works to obscure and accommodate the presence of people with disabilities in its cultural practice. He also examines how popular musicians have articulated the experiences of disability (or sought to pass), or have used their cultural arena for disability advocacy purposes.


Making Policy, Making Law

Making Policy, Making Law
Author: Mark C. Miller
Publisher: Georgetown University Press
Total Pages: 257
Release: 2004-08-23
Genre: Political Science
ISBN: 1589013646

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The functioning of the U.S. government is a bit messier than Americans would like to think. The general understanding of policymaking has Congress making the laws, executive agencies implementing them, and the courts applying the laws as written—as long as those laws are constitutional. Making Policy, Making Law fundamentally challenges this conventional wisdom, arguing that no dominant institution—or even a roughly consistent pattern of relationships—exists among the various players in the federal policymaking process. Instead, at different times and under various conditions, all branches play roles not only in making public policy, but in enforcing and legitimizing it as well. This is the first text that looks in depth at this complex interplay of all three branches. The common thread among these diverse patterns is an ongoing dialogue among roughly coequal actors in various branches and levels of government. Those interactions are driven by processes of conflict and persuasion distinctive to specific policy arenas as well as by the ideas, institutional realities, and interests of specific policy communities. Although complex, this fresh examination does not render the policymaking process incomprehensible; rather, it encourages scholars to look beyond the narrow study of individual institutions and reach across disciplinary boundaries to discover recurring patterns of interbranch dialogue that define (and refine) contemporary American policy. Making Policy, Making Law provides a combination of contemporary policy analysis, an interbranch perspective, and diverse methodological approaches that speak to a surprisingly overlooked gap in the literature dealing with the role of the courts in the American policymaking process. It will undoubtedly have significant impact on scholarship about national lawmaking, national politics, and constitutional law. For scholars and students in government and law—as well as for concerned citizenry—this book unravels the complicated interplay of governmental agencies and provides a heretofore in-depth look at how the U.S. government functions in reality.