Backlash Against the ADA

Backlash Against the ADA

Author: Linda Hamilton Krieger

Publisher: University of Michigan Press

Published: 2010-02-22

Total Pages: 417

ISBN-13: 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.


Backlash Against the ADA

Backlash Against the ADA

Author: Linda Hamilton Krieger

Publisher: University of Michigan Press

Published: 2010-02-22

Total Pages: 420

ISBN-13: 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.


Rights of the Disabled

Rights of the Disabled

Author: David M. Haugen

Publisher: Infobase Publishing

Published: 2008

Total Pages: 305

ISBN-13: 1438100205

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


Equality of Opportunity

Equality of Opportunity

Author: Jonathan M. Young

Publisher:

Published: 2010

Total Pages: 206

ISBN-13:

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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.).


No Pity

No Pity

Author: Joseph P. Shapiro

Publisher: Crown

Published: 2011-06-22

Total Pages: 397

ISBN-13: 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


Shakin' All Over

Shakin' All Over

Author: George McKay

Publisher: University of Michigan Press

Published: 2013-10-28

Total Pages: 243

ISBN-13: 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.


The Disability Pendulum

The Disability Pendulum

Author: Ruth Colker

Publisher: NYU Press

Published: 2005-05

Total Pages: 261

ISBN-13: 0814716458

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The Disability Pendulum chronicles societal views and court reactions to the evolving ADA.


Ableism: The Causes and Consequences of Disability Prejudice

Ableism: The Causes and Consequences of Disability Prejudice

Author: Michelle R. Nario-Redmond

Publisher: John Wiley & Sons

Published: 2019-10-01

Total Pages: 398

ISBN-13: 1119142075

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The first comprehensive volume to integrate social-scientific literature on the origins and manifestations of prejudice against disabled people Ableism, prejudice against disabled people stereotyped as incompetent and dependent, can elicit a range of reactions that include fear, contempt, pity, and inspiration. Current literature—often narrowly focused on a specific aspect of the subject or limited in scope to psychoanalytic tradition—fails to examine the many origins and manifestations of ableism. Filling a significant gap in the field, Ableism: The Causes and Consequences of Disability Prejudice is the first work to synthesize classic and contemporary studies on the evolutionary, ideological, and cognitive-emotional sources of ableism. This comprehensive volume examines new manifestations of ableism, summarizes the state of research on disability prejudice, and explores real-world personal accounts and interventions to illustrate the various forms and impacts of ableism. This important contribution to the field combines evidence from multiple theoretical perspectives, including published and unpublished work from both disabled and nondisabled constituents, on the causes, consequences, and elimination of disability prejudice. Each chapter places findings in the context of contemporary theories—identifying methodological limits and suggesting alternative interpretations. Topics include the evolutionary and existential origins of disability prejudice, cultural and impairment-specific stereotypes, interventions to reduce prejudice, and how to effect social change through collective action and advocacy. Adopting a holistic approach to the study of disability prejudice, this accessibly-written volume: Provides an inclusive, up-to-date exploration of the origins and expressions of ableism Addresses how to resist ableist practices, prioritize accessible policies, and create more equitable social relations with pages earmarked for activists and allies Focuses on interpersonal and intergroup analysis from a social-psychological perspective Integrates research from multiple disciplines to illustrate critical cognitive, affective and behavioral mechanisms and manifestations of ableism Suggests future research directions based on topics covered in each chapter Ableism: The Causes and Consequences of Disability Prejudice is an important resource for social, community and rehabilitation psychologists, scholars and researchers of disability studies, and students, activists, and academics across political, sociological, and humanistic disciplines. “This book is an excellent resource for both members of the academic field and lay readers seeking to know more about disability prejudice and ways to address it.” ~ Charlotte Schreyer, Syracuse University, Published on H-Disability (September 2022)


The Disability Rights Movement

The Disability Rights Movement

Author: Doris Fleischer

Publisher: Temple University Press

Published: 2011-06-03

Total Pages: 0

ISBN-13: 9781439907436

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In this updated edition, Doris Zames Fleischer and Frieda Zames expand their encyclopedic history of the struggle for disability rights in the United States, to include the past ten years of disability rights activism.The book includes a new chapter on the evolving impact of the Americans with Disabilities Act, the continuing struggle for cross-disability civil and human rights, and the changing perceptions of disability. The authors provide a probing analysis of such topics as deinstitutionalization, housing, health care, assisted suicide, employment, education, new technologies, disabled veterans, and disability culture. Based on interviews with over one hundred activists, The Disability Rights Movement tells a complex and compelling story of an ongoing movement that seeks to create an equitable and diverse society, inclusive of people with disabilities.


Making Policy, Making Law

Making Policy, Making Law

Author: Mark C. Miller

Publisher: Georgetown University Press

Published: 2004-08-23

Total Pages: 257

ISBN-13: 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.