Backlash Against The ADA: Reinterpreting Disability Rights by Linda Hamilton Krieger

By Linda Hamilton Krieger

For civil rights attorneys who toiled in the course of the Nineteen Eighties within the more and more barren fields of race and intercourse discrimination legislations, the approval of the american citizens with Disabilities Act in 1990 via an almost unanimous U.S. condominium and Senate and a Republican President appeared nearly significant. inside 5 years of the Act's potent date, although, observers have been caution of an unfolding attack at the ADA by way of federal judges, the media, and different nationwide opinion-makers. A 12 months after the best courtroom issued a trio of selections in the summertime of 1999 sharply restricting the ADA's achieve, one other determination invalidated a whole name of the act because it utilized to the states. via this time, incapacity activists and incapacity rights legal professionals have been conversing overtly of a backlash opposed to the ADA. What occurred, why did it occur, and what do we study from the styles of public, media, and judicial reaction to the ADA that emerged within the Nineties? during this e-book, a unusual staff of incapacity activists, incapacity rights legal professionals, social scientists and arts students grapple with those questions. Taken jointly, those essays build and illustrate a brand new and robust theoretical version of sociolegal switch and retrenchment which may tell either the conceptual and theoretical paintings of students and the daily perform of social justice activists. participants contain Lennard J. Davis, Matthew Diller, Harlan Hahn, Linda Hamilton Krieger, Vicki A. weighted down, Stephen L. Percy, Marta Russell, and Gregory Schwartz. Backlash opposed to the ADA will curiosity incapacity rights activists, attorneys, legislations scholars and criminal students attracted to social justice and social swap routine, and scholars and students in incapacity reports, political technological know-how, media stories, American experiences, social flow idea, and criminal historical past. Linda Hamilton Krieger is Professor of legislations, collage of California tuition of legislation, Berkeley.

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Extra info for Backlash Against The ADA: Reinterpreting Disability Rights (Corporealities: Discourses of Disability)

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587 (1998). 40. Susan Stefan, Delusions of Rights: Americans with Psychiatric Disabilities, Employment Discrimination, and the Americans with Disabilities Act, 52 Ala. L. Rev. 271 (2000). Introduction 23 41. Bonnie Poitras Tucker, The Supreme Court’s De‹nition of Disability Under the ADA: A Return to the Dark Ages, 52 Ala. L. Rev. 321 (2000). 42. American Bar Association Commission on Mental and Physical Disability, Study Finds Employers Win Most ADA Title I Judicial and Administrative Complaints, 22 Mental and Physical Disability L.

Id. at 260. 54. html. 55. Id. 56. I nod here to Lennard Davis, later in this volume, Bending Over Backwards: Disability, Narcissism and the Law. 57. James Bovard, The Disabilities Act’s Parade of Absurdities, Wall St. , June 22, 1995, at A6. 58. Y. Times, November 28, 1997, at A39. 59. Stephanie Armour, Disabilities Act Abused? Law’s Use Sparks Debate, USA Today, September 25, 1998, at 1B. 60. html. 61. Dennis Byrne, Late for Work? Plead Insanity, Chi. Sun-Times, May 8, 1997, at 39. 62. George Will, Protection for the Personality-Impaired, Wash.

1985). 20. Washington v. S. 229 (1976) (holding that disparate impact theory unavailable in cases asserting rights under the equal protection clause of the Fifth and Fourteenth Amendments). 21. S. 63 (1977). 22. C. § 12112(b)(6). 23. C. § 12112(b)(3)(A). 24. C. § 12112(b)(5). R. 2(p)(1). 25. C. § 12113(b). 26. C. ” The direct threat defense had been de‹ned for § 504 purposes in terms virtually identical to those incorporated into the ADA Regulations in School Board v. S. 273, 288 (1987). 27. R.

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