Law And The Contradictions Of The Disability Rights Movement

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Law and the Contradictions of the Disability Rights Movement

Samuel R. Bagenstos
Law and the Contradictions of the Disability Rights Movement Book PDF

Author : Samuel R. Bagenstos
Publisher : Yale University Press
Page : 240 pages
File Size : 48,8 Mb
Release : 2009-06-23
Category : Law
ISBN : 9780300155433

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Law and the Contradictions of the Disability Rights Movement by Samuel R. Bagenstos Pdf

The passage of the Americans with Disabilities Act in 1990 was hailed as revolutionary legislation, but in the ensuing years restrictive Supreme Court decisions have prompted accusations that the Court has betrayed the disability rights movement. The ADA can lay claim to notable successes, yet people with disabilities continue to be unemployed at extremely high rates. In this timely book, Samuel R. Bagenstos examines the history of the movement and discusses the various, often-conflicting projects of diverse participants. He argues that while the courts deserve some criticism, some may also be fairly aimed at the choices made by prominent disability rights activists as they crafted and argued for the ADA. The author concludes with an assessment of the limits of antidiscrimination law in integrating and empowering people with disabilities, and he suggests new policy directions to make these goals a reality.

Disability Rights Law and Policy: International and National Perspectives

Mary Lou Breslin,Silvia Yee
Disability Rights Law and Policy International and National Perspectives Book PDF

Author : Mary Lou Breslin,Silvia Yee
Publisher : BRILL
Page : 523 pages
File Size : 52,8 Mb
Release : 2021-09-13
Category : Law
ISBN : 9789004478961

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Disability Rights Law and Policy: International and National Perspectives by Mary Lou Breslin,Silvia Yee Pdf

This volume describes the extraordinary success of the international political movement of people with disabilities to include disability as a human rights issue. The authors are renowned disability rights attorneys, university professors, and activists who practice, teach and work internationally. Published under the Transnational Publishers imprint.

Disability Rights

Peter Blanck
Disability Rights Book PDF

Author : Peter Blanck
Publisher : Routledge
Page : 625 pages
File Size : 55,5 Mb
Release : 2017-05-15
Category : Social Science
ISBN : 9781351943963

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Disability Rights by Peter Blanck Pdf

There is great diversity of definitions, causes and consequences of discrimination against persons with disabilities, yet there are fundamental themes uniting countries in their pursuit of human rights policies to improve the social and economic status of those with disabilities. In this volume are twenty-five important articles examining historical, contemporary and comparative issues crucial to the advancement of disability rights. The volume foreshadows the future of disability rights as a medium for ensuring that those living with disabilities participate as equal citizens of the world.

Making Rights a Reality?

Lisa Vanhala
Making Rights a Reality Book PDF

Author : Lisa Vanhala
Publisher : Cambridge University Press
Page : 313 pages
File Size : 52,6 Mb
Release : 2010-12-20
Category : Law
ISBN : 9781139497121

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Making Rights a Reality? by Lisa Vanhala Pdf

Making Rights a Reality? explores the way in which disability activists in the United Kingdom and Canada have transformed their aspirations into legal claims in their quest for equality. It unpacks shifting conceptualizations of the political identity of disability and the role of a rights discourse in these dynamics. In doing so, it delves into the diffusion of disability rights among grassroots organizations and the traditional disability charities. The book draws on a wealth of primary sources including court records and campaign documents and encompassing interviews with more than sixty activists and legal experts. While showing that the disability rights movement has had a significant impact on equality jurisprudence in two countries, the book also demonstrates that the act of mobilizing rights can have consequences, both intended and unintended, for social movements themselves.

Disabled Rights

Jacqueline Vaughn Switzer,Jacqueline Vaughn
Disabled Rights Book PDF

Author : Jacqueline Vaughn Switzer,Jacqueline Vaughn
Publisher : Georgetown University Press
Page : 329 pages
File Size : 42,5 Mb
Release : 2003
Category : Political Science
ISBN : 9780878408986

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Disabled Rights by Jacqueline Vaughn Switzer,Jacqueline Vaughn Pdf

"Freedom and Justice for all" is a phrase that can have a hollow ring for many members of the disability community in the United States. Jacqueline Vaughn Switzer gives us a comprehensive introduction to and overview of U.S. disability policy in all facets of society, including education, the workplace, and social integration. Disabled Rights provides an interdisciplinary approach to the history and politics of the disability rights movement and assesses the creation and implementation, successes and failures of the 1990 Americans with Disabilities Act (ADA) by federal, state and local governments. Disabled Rights explains how people with disabilities have been treated from a social, legal, and political perspective in the United States. With an objective and straightforward approach, Switzer identifies the programs and laws that have been enacted in the past fifty years and how they have affected the lives of people with disabilities. She raises questions about Congressional intent in passing the ADA, the evolution and fragmentation of the disability rights movement, and the current status of disabled people in the U.S. Illustrating the shift of disability issues from a medical focus to civil rights, the author clearly defines the contemporary role of persons with disabilities in American culture, and comprehensively outlines the public and private programs designed to integrate disabled persons into society. She covers the law's provisions as they apply to private organizations and businesses and concludes with the most up-to-date coverage of recent Supreme Court decisions-especially since the 2000-2002 terms-that have profoundly influenced the implementation of the ADA and other disability policies. For activists as well as scholars, students, and practitioners in public policy and public administration, Switzer has written a compassionate, yet powerful book that demands attention from everyone interested in the battle for disability rights and equality in the United States.

Critical Perspectives on Human Rights and Disability Law

Marcia H. Rioux,Lee Ann Basser Marks,Lee Ann Basser,Melinda Jones
Critical Perspectives on Human Rights and Disability Law Book PDF

Author : Marcia H. Rioux,Lee Ann Basser Marks,Lee Ann Basser,Melinda Jones
Publisher : Martinus Nijhoff Publishers
Page : 569 pages
File Size : 47,8 Mb
Release : 2011-05-23
Category : Political Science
ISBN : 9789004189508

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Critical Perspectives on Human Rights and Disability Law by Marcia H. Rioux,Lee Ann Basser Marks,Lee Ann Basser,Melinda Jones Pdf

This book examines the changing relationship between disability and the law, addressing the intersection of human rights principles, human rights law, domestic law and the experience of people with disabilities. Drawn from the global experience of scholars and activists in a number of jurisdictions and legal systems, the core human rights principles of dignity, equality and inclusion and participation are analyzed within a framework of critical disability legal scholarship.

In Search of Freedom

Willie V. Bryan
In Search of Freedom Book PDF

Author : Willie V. Bryan
Publisher : Charles C Thomas Publisher
Page : 209 pages
File Size : 54,8 Mb
Release : 2006
Category : Political Science
ISBN : 9780398076221

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In Search of Freedom by Willie V. Bryan Pdf

"This updated and expanded new edition continues the theme of the first edition of emphasizing the struggles in which persons with disabilities have engaged, the barriers they have had to overcome, and the barriers they continue to face in their quest to obtain freedom. A major point is that disabilities are a part of life and everyone has limitations, therefore, persons with disabilities should be treated the same as any other human. The disability rights movement and its role in placing the demands of persons with disabilities before American society are discussed. Legislative action that impacted persons with disabilities is traced through the Americans with Disabilities Act. The impact of attitudes, self-concept, and self-esteem are explored, as well as the family's role in assisting persons with disabilities in their search for freedom. Intervention strategies are also discussed including the actions that are needed before persons with disabilities can be truly free. Although significant progress has been made, the laws mentioned in this book as well as other unmentioned laws can do only so much with regard to helping people with disabilities. Given this reality, it is imperative that persons with disabilities make the American public aware of the inequities that still exist. The search for freedom must continue and the search should be inspired and led by persons with disabilities. Consequently, this second edition deals with both the needs of persons with disabilities and the actions they must take to attain their freedoms."--Publisher's website.

This Ability

Anne-Marie Mooney Cotter
This Ability Book PDF

Author : Anne-Marie Mooney Cotter
Publisher : Routledge
Page : 363 pages
File Size : 49,7 Mb
Release : 2018-01-18
Category : Law
ISBN : 9781351144667

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This Ability by Anne-Marie Mooney Cotter Pdf

This Ability is Cotter's third book in a series dealing with discrimination law. Having looked at the theme of 'gender discrimination' in Gender Injustice and 'race discrimination' in Race Matters, this further installment takes a similar approach and structure to illustrate comparisons and contradictions in discrimination law. Disability Law is an increasingly important area in combating disability discrimination. This Ability provides readers with a better understanding of the issue of inequality and aims to increase the likelihood of achieving equality at both the national and international levels for those with disabilities while at the same time educating those without disabilities. The work examines the primary role of legislation and its impact on the court process. It also discusses the two most important trade agreements of our day - namely the North American Free Trade Agreement and the European Union Treaty - in a historical and compelling analysis of discrimination. By providing a detailed examination of the relationship between disability issues and the law, this book will be an important read for those concerned with equality.

Rights Enabled

Katharina Heyer
Rights Enabled Book PDF

Author : Katharina Heyer
Publisher : University of Michigan Press
Page : 259 pages
File Size : 55,6 Mb
Release : 2015-03-30
Category : Political Science
ISBN : 9780472052479

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Rights Enabled by Katharina Heyer Pdf

A comparative study of the adaptation of a civil rights approach to disability in different national and international contexts

Disability, Divers-ability and Legal Change

Lee Ann Basser Marks,Melinda Jones
Disability Divers ability and Legal Change Book PDF

Author : Lee Ann Basser Marks,Melinda Jones
Publisher : BRILL
Page : 428 pages
File Size : 48,9 Mb
Release : 2021-09-27
Category : Law
ISBN : 9789004481770

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Disability, Divers-ability and Legal Change by Lee Ann Basser Marks,Melinda Jones Pdf

This text ventures into the area where law and disability intersect. Drawing on developments in the emerging field of disability studies and on a new-found human rights perspective on disability, the contributions traverse topics as wide-ranging as citizenship, feminism, eugenics, euthanasia, and sexual abuse of people with disabilities, and analyze disability law at both a domestic and international level. Informed by the social model of disability, this work brings together academics and disability activists from Australia, Europe and North America. The book is interdisciplinary in nature, with contributors coming from sociology, education, law, geography, philosophy, and cultural studies.

Backlash Against the ADA

Linda Hamilton Krieger
Backlash Against the ADA Book PDF

Author : Linda Hamilton Krieger
Publisher : University of Michigan Press
Page : 376 pages
File Size : 45,9 Mb
Release : 2010-02-22
Category : Social Science
ISBN : 9780472025497

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Backlash Against the ADA by Linda Hamilton Krieger Pdf

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 Inclusion

David M. Engel,Frank W. Munger
Rights of Inclusion Book PDF

Author : David M. Engel,Frank W. Munger
Publisher : University of Chicago Press
Page : 287 pages
File Size : 51,9 Mb
Release : 2003-04-15
Category : Law
ISBN : 9780226208343

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Rights of Inclusion by David M. Engel,Frank W. Munger Pdf

Rights of Inclusion provides an innovative, accessible perspective on how civil rights legislation affects the lives of ordinary Americans. Based on eye-opening and deeply moving interviews with intended beneficiaries of the Americans with Disabilities Act (ADA), David M. Engel and Frank W. Munger argue for a radically new understanding of rights-one that focuses on their role in everyday lives rather than in formal legal claims. Although all sixty interviewees had experienced discrimination, none had filed a formal protest or lawsuit. Nevertheless, civil rights played a crucial role in their lives. Rights improved their self-image, enhanced their career aspirations, and altered the perceptions and assumptions of their employers and coworkers-in effect producing more inclusive institutional arrangements. Focusing on these long-term life histories, Engel and Munger incisively show how rights and identity affect one another over time and how that interaction ultimately determines the success of laws such as the ADA.

Disability and U.S. Politics

Dana Lee Baker
Disability and U S Politics Book PDF

Author : Dana Lee Baker
Publisher : Bloomsbury Publishing USA
Page : 354 pages
File Size : 51,5 Mb
Release : 2017-01-16
Category : Political Science
ISBN : 9798216074823

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Disability and U.S. Politics by Dana Lee Baker Pdf

More than 1 billion people worldwide have a disability, and they are all affected by politics. This two-volume work explores key topics at the heart of disability policy, such as voting, race, gender, age, health care, social security, transportation, abuse, and the environment. Disability policy is no longer an area that can be adequately addressed within major areas of public policy such as welfare, health, labor, and education. Disability has become widely acknowledged in recent decades, partly because of the increasing number of disabled citizens across all demographic populations. Advocates argue that diversity of all kinds deserves recognition and accommodation. This set examines policies targeting disability to provide a multifaceted description of the political participation of people with disabilities as well as disability policy development in the United States. The first volume focuses on political participation and voting issues, and the second volume covers disability public policy. In these two volumes, numerous scholars and experts in the social sciences and humanities explore timely topics that are key to disability policy questions, including activism, voting, race, gender, age, health care, social security, civil rights, abuse, the environment, and even death. Readers will better understand the challenges that policymakers face in grappling with controversies over issues of social engineering and public policy, often attempting to reconcile majority experience with minority rights. The chapters analyze the history of disability politics, describe the disability policy infrastructure as it currently exists in the United States, and provide insight into current disability-related controversies.

The Human Rights of Persons with Intellectual Disabilities

Stanley S. Herr,Lawrence Ogalthorpe Gostin,Harold Hongju Koh
The Human Rights of Persons with Intellectual Disabilities Book PDF

Author : Stanley S. Herr,Lawrence Ogalthorpe Gostin,Harold Hongju Koh
Publisher : Oxford University Press, USA
Page : 582 pages
File Size : 51,7 Mb
Release : 2003
Category : Law
ISBN : 0199264511

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The Human Rights of Persons with Intellectual Disabilities by Stanley S. Herr,Lawrence Ogalthorpe Gostin,Harold Hongju Koh Pdf

Inequality: Marcia H. Rioux

Disabling Laws, Enabling Acts

Caroline Gooding
Disabling Laws Enabling Acts Book PDF

Author : Caroline Gooding
Publisher : Pluto Press (UK)
Page : 248 pages
File Size : 49,7 Mb
Release : 1994
Category : Law
ISBN : UOM:39015017430714

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Disabling Laws, Enabling Acts by Caroline Gooding Pdf

This book examines the new framework of ideas (since 1989) which will inform our understanding on how development in the old Third World should be understood