Understanding the ADA
Author: William D. Goren
Publisher:
Published: 2013
Total Pages: 0
ISBN-13: 9781627222747
DOWNLOAD EBOOKRevision of the author's Understanding the Americans with Disabilities Act.
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The Future of Disability in America
Author: Institute of Medicine
Publisher: National Academies Press
Published: 2007-10-24
Total Pages: 619
ISBN-13: 0309104726
DOWNLOAD EBOOKThe future of disability in America will depend on how well the U.S. prepares for and manages the demographic, fiscal, and technological developments that will unfold during the next two to three decades. Building upon two prior studies from the Institute of Medicine (the 1991 Institute of Medicine's report Disability in America and the 1997 report Enabling America), The Future of Disability in America examines both progress and concerns about continuing barriers that limit the independence, productivity, and participation in community life of people with disabilities. This book offers a comprehensive look at a wide range of issues, including the prevalence of disability across the lifespan; disability trends the role of assistive technology; barriers posed by health care and other facilities with inaccessible buildings, equipment, and information formats; the needs of young people moving from pediatric to adult health care and of adults experiencing premature aging and secondary health problems; selected issues in health care financing (e.g., risk adjusting payments to health plans, coverage of assistive technology); and the organizing and financing of disability-related research. The Future of Disability in America is an assessment of both principles and scientific evidence for disability policies and services. This book's recommendations propose steps to eliminate barriers and strengthen the evidence base for future public and private actions to reduce the impact of disability on individuals, families, and society.
Sharing the Dream
Author: United States Commission on Civil Rights
Publisher:
Published: 2000
Total Pages: 128
ISBN-13:
DOWNLOAD EBOOKThis report is based on the public hearing on the Americans with Disabilities Act which the U.S. Commission on Civil Rights held on November 12-13, 1998 to "investigate how the ADA was accomplishing its objectives of ensuring equality, independence, and freedom for people with disabilities"--P iii
2010 ADA Standards for Accessible Design
Author: Department Justice
Publisher: Createspace Independent Publishing Platform
Published: 2014-10-09
Total Pages: 0
ISBN-13: 9781500783945
DOWNLOAD EBOOK(a) Design and construction. (1) Each facility or part of a facility constructed by, on behalf of, or for the use of a public entity shall be designed and constructed in such manner that the facility or part of the facility is readily accessible to and usable by individuals with disabilities, if the construction was commenced after January 26, 1992. (2) Exception for structural impracticability. (i) Full compliance with the requirements of this section is not required where a public entity can demonstrate that it is structurally impracticable to meet the requirements. Full compliance will be considered structurally impracticable only in those rare circumstances when the unique characteristics of terrain prevent the incorporation of accessibility features. (ii) If full compliance with this section would be structurally impracticable, compliance with this section is required to the extent that it is not structurally impracticable. In that case, any portion of the facility that can be made accessible shall be made accessible to the extent that it is not structurally impracticable. (iii) If providing accessibility in conformance with this section to individuals with certain disabilities (e.g., those who use wheelchairs) would be structurally impracticable, accessibility shall nonetheless be ensured to persons with other types of disabilities, (e.g., those who use crutches or who have sight, hearing, or mental impairments) in accordance with this section.
Understanding the Americans with Disabilities Act
Author: William D. Goren
Publisher: American Bar Association
Published: 2006
Total Pages: 196
ISBN-13: 9781590317655
DOWNLOAD EBOOKThis book, written from the perspective of a lawyer with a disability (the author is hearing impaired), demonstrates that the Americans with Disabilities Act (ADA) is not just a law, but a way of life. It also discusses preventive lawyering with regards to the ADA. Since the first edition was published, the U.S. Supreme Court has decided over a dozen cases on the ADA and there have also been many appellate decisions as well. In this second edition, the Supreme Court decisions not included in the first edition and some of the appellate opinions that have come down since then are analyzed to provide the reader with an understanding of the workings of the ADA as it exists today.
Mental Disability Law
Author: Michael L. Perlin
Publisher:
Published: 2005
Total Pages: 1142
ISBN-13:
DOWNLOAD EBOOKThis casebook covers all of constitutional "civil" mental health law, including involuntary civil commitment, the right to refuse treatment, and the rights of persons with mental disabilities in community settings. Perlin also addresses federal statutory rights, including, but not limited to, the Americans with Disabilities Act; other civil mental health issues, including tort law; and the criminal trial process, including all aspects of competency, the insanity defense, self-incrimination, confessions, the death penalty, and sentencing and post-sentencing issues. Important Supreme Court decisions that have been handed down since the first edition (Olmstead v. L.C., Tennessee v. Lane, Kansas v. Crane, Sell v. United States, and Atkins v. Virginia) are all given extensive attention. Mental Disability Law not only teaches students the relevant doctrine and theory, but also gives them an understanding of why the cases were decided as they were. Questions are provided after all major sections that encourage the teacher to direct students to think about the social, political, and behavioral forces that led to many of the decisions in question.
Unequal
Author: Sandra F. Sperino
Publisher: Oxford University Press
Published: 2017-05-01
Total Pages: 233
ISBN-13: 0190278404
DOWNLOAD EBOOKIt is no secret that since the 1980s, American workers have lost power vis-à-vis employers through the well-chronicled steep decline in private sector unionization. American workers have also lost power in other ways. Those alleging employment discrimination have fared increasingly poorly in the courts. In recent years, judges have dismissed scores of cases in which workers presented evidence that supervisors referred to them using racial or gender slurs. In one federal district court, judges dismissed more than 80 percent of the race discrimination cases filed over a year. And when juries return verdicts in favor of employees, judges often second guess those verdicts, finding ways to nullify the jury's verdict and rule in favor of the employer. Most Americans assume that that an employee alleging workplace discrimination faces the same legal system as other litigants. After all, we do not usually think that legal rules vary depending upon the type of claim brought. The employment law scholars Sandra A. Sperino and Suja A. Thomas show in Unequal that our assumptions are wrong. Over the course of the last half century, employment discrimination claims have come to operate in a fundamentally different legal system than other claims. It is in many respects a parallel universe, one in which the legal system systematically favors employers over employees. A host of procedural, evidentiary, and substantive mechanisms serve as barriers for employees, making it extremely difficult for them to access the courts. Moreover, these mechanisms make it fairly easy for judges to dismiss a case prior to trial. Americans are unaware of how the system operates partly because they think that race and gender discrimination are in the process of fading away. But such discrimination still happens in the workplace, and workers now have little recourse to fight it legally. By tracing the modern history of employment discrimination, Sperino and Thomas provide an authoritative account of how our legal system evolved into an institution that is inherently biased against workers making rights claims.
The Disability Pendulum
Author: Ruth Colker
Publisher: NYU Press
Published: 2005-05
Total Pages: 261
ISBN-13: 0814716458
DOWNLOAD EBOOKThe Disability Pendulum chronicles societal views and court reactions to the evolving ADA.
Enabling Acts
Author: Lennard J. Davis
Publisher: Beacon Press
Published: 2015-07-14
Total Pages: 313
ISBN-13: 0807071579
DOWNLOAD EBOOKThe first major behind-the-scenes account of the history, passage, and impact of the Americans with Disabilities Act (ADA)—the landmark moment for disability rights The Americans with Disabilities Act (ADA) is the widest-ranging and most comprehensive piece of civil rights legislation ever passed in the United States, and it has become the model for disability-based laws around the world. Yet the surprising story behind how the bill came to be is little known. In this riveting account, acclaimed disability scholar Lennard J. Davis delivers the first on-the-ground narrative of how a band of leftist Berkeley hippies managed to make an alliance with upper-crust, conservative Republicans to bring about a truly bipartisan bill. Based on extensive interviews with all the major players involved including legislators and activists, Davis recreates the dramatic tension of a story that is anything but a dry account of bills and speeches. Rather, it’s filled with one indefatigable character after another, culminating in explosive moments when the hidden army of the disability community stages scenes like the iconic “Capitol Crawl” or an event when students stormed Gallaudet University demanding a “Deaf President Now!” From inside the offices of newly formed disability groups to secret breakfast meetings surreptitiously held outside the White House grounds, here we meet countless unsung characters, including political heavyweights and disability advocates on the front lines. “You want to fight?” an angered Ted Kennedy would shout in an upstairs room at the Capitol while negotiating the final details of the ADA. Congressman Tony Coelho, whose parents once thought him to be possessed by the devil because of his epilepsy, later became the bill’s primary sponsor. There’s Justin Dart, adorned in disability power buttons and his signature cowboy hat, who took to the road canvassing 50 states, and people like Patrisha Wright, also known as “The General,” Arlene Myerson or “the brains,” “architect” Bob Funk, and visionary Mary Lou Breslin, who left the hippie highlands of the West to pursue equal rights in the marble halls of DC.
ADHD on Trial
Author: Michael Gordon
Publisher: Bloomsbury Publishing USA
Published: 2009-03-05
Total Pages: 180
ISBN-13: 0313360162
DOWNLOAD EBOOKIn 2006 Philadelphia, graduate student Jonathan Love sued the organization that publishes the Law School Admissions Test. Love had attained average scores on the test, but claimed he should have been given extra time because he qualified as a person with a disability - and allowances provided by the Americans with Disabilities Act - due to Attention Deficit Hyperactivity Disorder. The case, which drew in author psychologist Michael Gordon as an expert witness for the defense, reached federal court and resulted in a precedent-setting ruling still as controversial as the disorder that triggered the trial. In this work, Gordon takes us into the courtroom and behind the scenes with attorneys and experts to look not only at this trial, but more than a dozen others that have involved ADHD or other psychiatric diagnoses, and the questions they raise, including what the real meaning of disability is, how malingering can be an issue with psychological disorders, and what the more far-reaching effects for the public can be if accommodations are provided to people who do not have a legally-defined disability. When does deference to an individual with a disorder like ADHD begin to invade the rights of the non-disabled? Controversy fills these pages, from discussion of ADHD and the debate over its justifiability as a disability to public reactions regarding the ruling in Love's case and others. Comparisons and contrasts are also raised between the Love trial and earlier cases involving people claiming psychological disabilities who fought actions by The National Board of Medical Examiners, United Airlines, Toyota Motor Manufacturing, the Georgia State Board of Veterinary Medicine, and other organizations. Do the decisions help or harm disability rights and people with disabilities? Gordon offers the insights not only of a psychologist, but a seasoned legal insider who has testified as an expert witness at many of the trials.
