Disabling Interpretations
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Author | : Susan Gluck Mezey |
Publisher | : University of Pittsburgh Pre |
Total Pages | : 248 |
Release | : 2005-07-24 |
Genre | : Law |
ISBN | : 0822972794 |
The Americans with Disabilities Act (ADA) of 1990 was intended to send a clear message to society that discrimination on the basis of disability is unacceptable. As with most civil rights laws, the courts were given primary responsibility for implementing disability rights policy.Mezey argues that the act has not fulfilled its potential primarily because of the judiciary's "disabling interpretations" in adjudicating ADA claims. In the decade of litigation following the enactment of the ADA, judicial interpretation of the law has largely constricted the parameters of disability rights and excluded large numbers of claimants from the reach of the law. The Supreme Court has not interpreted the act broadly, as was intended by Congress, and this method of decision making was for the most part mirrored by the courts below. The high court's rulings to expand state sovereign immunity and insulate states from liability in damage suits has also caused claimants to become enmeshed in litigation and has encouraged defendants to challenge other laws affecting disability rights. Despite the law's strong civil rights rhetoric, disability rights remain an imperfectly realized goal.
Author | : Susan Gluck Mezey |
Publisher | : |
Total Pages | : 248 |
Release | : 2005 |
Genre | : People with disabilities |
ISBN | : 9781306963206 |
The Americans with Disabilities Act (ADA) of 1990 was intended to send a clear message to society that discrimination on the basis of disability is unacceptable. As with most civil rights laws, the courts were given primary responsibility for implementing disability rights policy. Mezey argues that the act has not fulfilled its potential primarily because of the judiciary's "disabling interpretations" in adjudicating ADA claims. In the decade of litigation following the enactment of the ADA, judicial interpretation of the law has largely constricted the parameters of disability rights and excluded large numbers of claimants from the reach of the law. The Supreme Court has not interpreted the act broadly, as was intended by Congress, and this method of decision making was for the most part mirrored by the courts below. The high court's rulings to expand state sovereign immunity and insulate states from liability in damage suits has also caused claimants to become enmeshed in litigation and has encouraged defendants to challenge other laws affecting disability rights. Despite the law's strong civil rights rhetoric, disability rights remain an imperfectly realized goal.
Author | : United States. National Park Service. Special Programs and Populations Branch |
Publisher | : |
Total Pages | : 120 |
Release | : 1984 |
Genre | : National parks and reserves |
ISBN | : |
Author | : David C. Park |
Publisher | : |
Total Pages | : 118 |
Release | : 1984 |
Genre | : Government publications |
ISBN | : |
Author | : Michael D Fiorello |
Publisher | : Authentic Media Inc |
Total Pages | : 248 |
Release | : 2014-09-01 |
Genre | : Religion |
ISBN | : 1780783299 |
In a unique way this study probes the linguistic, sociological, religious and theological issues associated with being physically disabled in the ancient Near East. By examining the law collections, societal conventions and religious obligations towards individuals who were physically disabled Fiorello gives us an understanding of the world a disabled person would enter. He explores the connection between the literal use of disability language and the metaphorical use of this language made in biblical prophetic literature as a prophetic critique of Israel's dysfunctional relationship with God. COMMENDATIONS "In this well-researched volume Michael Fiorello has made a significant contribution to the study of disability in the Bible in the context of its ancient Near Eastern world. Fiorello's work needs to be taken seriously in the church, the academy, and the world." - Richard E. Averbeck, Trinity Evangelical Divinity School, USA
Author | : |
Publisher | : |
Total Pages | : 452 |
Release | : 1918 |
Genre | : Handicapped |
ISBN | : |
Author | : |
Publisher | : |
Total Pages | : 1068 |
Release | : 2005 |
Genre | : Insanity |
ISBN | : |
Author | : Theodore Sedgwick |
Publisher | : |
Total Pages | : 750 |
Release | : 1874 |
Genre | : Constitutional law |
ISBN | : |
Author | : |
Publisher | : |
Total Pages | : 756 |
Release | : 1896 |
Genre | : Cipher and telegraph codes |
ISBN | : |
Author | : |
Publisher | : |
Total Pages | : 1940 |
Release | : 2006 |
Genre | : Bibliography |
ISBN | : |