Author: Samuel R. Bagenstos
Publisher: Yale University Press
ISBN: 0300155433
Category : Law
Languages : en
Pages : 240
Get Book
Book Description
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.
Author: Ruth Colker
Publisher: LexisNexis
ISBN: 9780769882017
Category : Discrimination against people with disabilities
Languages : en
Pages : 674
Get Book
Book Description
Author: Jon C. Dubin
Publisher: NYU Press
ISBN: 1479811025
Category : Law
Languages : en
Pages : 276
Get Book
Book Description
How social security disability law is out of touch with the contemporary American labor market Passing down nearly a million decisions each year, more judges handle disability cases for the Social Security Administration than federal civil and criminal cases combined. In Social Security Disability Law and the American Labor Market, Jon C. Dubin challenges the contemporary policies for determining disability benefits and work assessment. He posits the fundamental questions: where are the jobs for persons with significant medical and vocational challenges? And how does the administration misfire in its standards and processes for answering that question? Deploying his profound understanding of the Social Security Administration and Disability law and policy, he demystifies the system, showing us its complex inner mechanisms and flaws, its history and evolution, and how changes in the labor market have rendered some agency processes obsolete. Dubin lays out how those who advocate eviscerating program coverage and needed life support benefits in the guise of modernizing these procedures would reduce the capacity for the Social Security Administration to function properly and serve its intended beneficiaries, and argues that the disability system should instead be “mended, not ended.” Dubin argues that while it may seem counterintuitive, the transformation from an industrial economy to a twenty-first-century service economy in the information age, with increased automation, and resulting diminished demand for arduous physical labor, has not meaningfully reduced the relevance of, or need for, the disability benefits programs. Indeed, they have created new and different obstacles to work adjustments based on the need for other skills and capacities in the new economy—especially for the significant portion of persons with cognitive, psychiatric, neuro-psychological, or other mental impairments. Therefore, while the disability program is in dire need of empirically supported updating and measures to remedy identified deficiencies, obsolescence, inconsistencies in application, and racial, economic and other inequities, the program’s framework is sufficiently broad and enduring to remain relevant and faithful to the Act’s congressional beneficent purposes and aspirations.
Author: I. Glenn Cohen
Publisher: Cambridge University Press
ISBN: 1108485979
Category : Law
Languages : en
Pages : 313
Get Book
Book Description
Examines how the framing of disability has serious implications for legal, medical, and policy treatments of disability.
Author: Jonathan Lazar
Publisher: University of Pennsylvania Press
ISBN: 0812249232
Category : Computers
Languages : en
Pages : 360
Get Book
Book Description
Disability, Human Rights, and Information Technology addresses the global issue of equal access to information and communications technology (ICT) by persons with disabilities. The right to access the same digital content at the same time and at the same cost as people without disabilities is implicit in several human rights instruments and is featured prominently in Articles 9 and 21 of the Convention on the Rights of Persons with Disabilities. The right to access ICT, moreover, invokes complementary civil and human rights issues: freedom of expression; freedom to information; political participation; civic engagement; inclusive education; the right to access the highest level of scientific and technological information; and participation in social and cultural opportunities. Despite the ready availability and minimal cost of technology to enable people with disabilities to access ICT on an equal footing as consumers without disabilities, prevailing practice around the globe continues to result in their exclusion. Questions and complexities may also arise where technologies advance ahead of existing laws and policies, where legal norms are established but not yet implemented, or where legal rights are defined but clear technical implementations are not yet established. At the intersection of human-computer interaction, disability rights, civil rights, human rights, international development, and public policy, the volume's contributors examine crucial yet underexplored areas, including technology access for people with cognitive impairments, public financing of information technology, accessibility and e-learning, and human rights and social inclusion. Contributors: John Bertot, Peter Blanck, Judy Brewer, Joyram Chakraborty, Tim Elder, Jim Fruchterman, G. Anthony Giannoumis, Paul Jaeger, Sanjay Jain, Deborah Kaplan, Raja Kushalnagar, Jonathan Lazar, Fredric I. Lederer, Janet E. Lord, Ravi Malhotra, Jorge Manhique, Mirriam Nthenge, Joyojeet Pal, Megan A. Rusciano, David Sloan, Michael Ashley Stein, Brian Wentz, Marco Winckler, Mary J. Ziegler.
Author: Mark C. Weber
Publisher:
ISBN: 9781531027940
Category : Discrimination
Languages : en
Pages : 0
Get Book
Book Description
"Understanding Disability Law discusses important statutory and constitutional issues relating to disability discrimination. It is designed to help students in disability law courses synthesize and apply the materials they are learning. It is also designed to function as a compact treatise for practicing lawyers and those looking for an analysis of the Fourteenth Amendment, the Americans with Disabilities Act, section 504 of the Rehabilitation Act, the Individuals with Disabilities Education Act, the Fair Housing Act Amendments, and other laws as they relate to the controversial issues of disability rights. The book discusses the leading cases on each of the major topics of disability law and suggests ways of thinking about unresolved questions and debates over legal policy. The fourth edition adds new information on every important topic. It includes thorough discussion of the Supreme Court's Cummings v. Premier Rehab Keller ruling about emotional distress damages in ADA, Section 504, and ACA cases, as well as the Perez v. Sturgis Public Schools decision concerning exhaustion of administrative remedies in special education cases. It provides new sources on the intersection of race and disability and on accommodations in family unification services for parents with disabilities. Coverage remains as comprehensive and detailed as before and includes: Constitutional law bearing on disability discrimination; The controversy over who is a person with a disability for purposes of federal statutes; Employment discrimination rights and remedies; Educational discrimination, including special education law and higher education for students with disabilities; Discrimination in public accommodations; Discrimination by federal, state, and local governments; and Disability discrimination related to housing, transportation, and telecommunications"--
Author: Samuel R. Bagenstos
Publisher:
ISBN:
Category : People with disabilities
Languages : en
Pages : 764
Get Book
Book Description
This casebook is designed to enable students to grapple with the conceptual issues in the area of disability rights law. It covers all of the major issues in disability rights law.
Author: Michael L. Perlin
Publisher: Lexis Law Publishing (Va)
ISBN:
Category : Insane
Languages : en
Pages : 602
Get Book
Book Description
Author: Patricia C. Kuszler
Publisher:
ISBN: 9781611633955
Category : People with disabilities
Languages : en
Pages : 0
Get Book
Book Description
Liven up your disability law or policy course with this diverse collection of cases, policy articles, stories, and questions. More traditional casebooks contain fragments of cases clumped together by statute, while this text contains interesting, multidisciplinary articles categorized by disability studies topics. The topics are cutting-edge and were chosen based on demonstrated student interest over the years. Issues like the disability rights movement, deinstitutionalization, public transportation, inclusion, homelessness, immigration, the International Convention on the Rights of Persons with Disabilities, and supported employment will engage students and introduce them to the diverse and intriguing issues of disability law and rights. This text can stand alone or can be used in conjunction with The U.S. Supreme Court on Disability Law: 16 Modern Cases or with An Anthology of Disability Literature.
Author: Marcia H. Rioux
Publisher: Martinus Nijhoff Publishers
ISBN: 9004189505
Category : Political Science
Languages : en
Pages : 569
Get Book
Book Description
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.
