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Author: Samuel R. Bagenstos
Publisher: Yale University Press
ISBN: 0300155433
Category : Law
Languages : en
Pages : 240
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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: Samuel R. Bagenstos
Publisher: Yale University Press
ISBN: 0300155433
Category : Law
Languages : en
Pages : 240
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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: Smitha Nizar
Publisher: Oxford University Press, USA
ISBN: 9780199466658
Category : Law
Languages : en
Pages : 0
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Book Description
While the Indian legislation on prenatal tests, the Pre-natal Diagnostic Techniques Act, 1994, prohibits the use of prenatal tests for sex-selection, it permits the use of these tests to pick out foetuses with disabilities. Further, the Medical Termination of Pregnancy Act, 1971 permits the termination of such lives. The author questions the breach of rights of persons with disabilities by studying the contradiction that exists between disability-selective abortion and disability rights. Analysing the legitimacy of an automatic decision to abort a foetus with disability, this book questions the unproblematic perception towards disability-selective abortions, but without entering the realm of a woman's right to take decisions about her body. While the Indian legislation on prenatal tests, the Pre-natal Diagnostic Techniques Act, 1994, prohibits the use of prenatal tests for sex-selection, it permits the use of these tests to pick out foetuses with disabilities. Further, the Medical Termination of Pregnancy Act, 1971 permits the termination of such lives. The author questions the breach of rights of persons with disabilities by studying the contradiction that exists between disability-selective abortion and disability rights. Analysing the legitimacy of an automatic decision to abort a foetus with disability, this book questions the unproblematic perception towards disability-selective abortions, but without entering the realm of a woman's right to take decisions about her body. While the Indian legislation on prenatal tests, the Pre-natal Diagnostic Techniques Act, 1994, prohibits the use of prenatal tests for sex-selection, it permits the use of these tests to pick out foetuses with disabilities. Further, the Medical Termination of Pregnancy Act, 1971 permits the termination of such lives. The author questions the breach of rights of persons with disabilities by studying the contradiction that exists between disability-selective abortion and disability rights. Analysing the legitimacy of an automatic decision to abort a foetus with disability, this book questions the unproblematic perception towards disability-selective abortions, but without entering the realm of a woman's right to take decisions about her body.
Author: Smitha Nizar
Publisher:
ISBN: 9780199087174
Category : Abortion
Languages : en
Pages : 220
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Book Description
This title explicates the unproblematic perception towards disability selective abortions. It demonstrates the wrongness of selective abortions, but without entering the realm of a womens right to take decisions about her body and analyses the legitimacy of automatic decision taken to abort the fetus, once diagnosed with disability.
Author: Erik Parens
Publisher: Georgetown University Press
ISBN: 9781589013940
Category : Medical
Languages : en
Pages : 392
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Book Description
As prenatal tests proliferate, the medical and broader communities perceive that such testing is a logical extension of good prenatal care—it helps parents have healthy babies. But prenatal tests have been criticized by the disability rights community, which contends that advances in science should be directed at improving their lives, not preventing them. Used primarily to decide to abort a fetus that would have been born with mental or physical impairments, prenatal tests arguably reinforce discrimination against and misconceptions about people with disabilities. In these essays, people on both sides of the issue engage in an honest and occasionally painful debate about prenatal testing and selective abortion. The contributors include both people who live with and people who theorize about disabilities, scholars from the social sciences and humanities, medical geneticists, genetic counselors, physicians, and lawyers. Although the essayists don't arrive at a consensus over the disability community's objections to prenatal testing and its consequences, they do offer recommendations for ameliorating some of the problems associated with the practice.
Author: Kim E. Nielsen
Publisher: Beacon Press
ISBN: 0807022039
Category : Social Science
Languages : en
Pages : 290
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Book Description
The first book to cover the entirety of disability history, from pre-1492 to the present Disability is not just the story of someone we love or the story of whom we may become; rather it is undoubtedly the story of our nation. Covering the entirety of US history from pre-1492 to the present, A Disability History of the United States is the first book to place the experiences of people with disabilities at the center of the American narrative. In many ways, it’s a familiar telling. In other ways, however, it is a radical repositioning of US history. By doing so, the book casts new light on familiar stories, such as slavery and immigration, while breaking ground about the ties between nativism and oralism in the late nineteenth century and the role of ableism in the development of democracy. A Disability History of the United States pulls from primary-source documents and social histories to retell American history through the eyes, words, and impressions of the people who lived it. As historian and disability scholar Nielsen argues, to understand disability history isn’t to narrowly focus on a series of individual triumphs but rather to examine mass movements and pivotal daily events through the lens of varied experiences. Throughout the book, Nielsen deftly illustrates how concepts of disability have deeply shaped the American experience—from deciding who was allowed to immigrate to establishing labor laws and justifying slavery and gender discrimination. Included are absorbing—at times horrific—narratives of blinded slaves being thrown overboard and women being involuntarily sterilized, as well as triumphant accounts of disabled miners organizing strikes and disability rights activists picketing Washington. Engrossing and profound, A Disability History of the United States fundamentally reinterprets how we view our nation’s past: from a stifling master narrative to a shared history that encompasses us all.
Author: Charles O'Mahony (Lecturer in law)
Publisher:
ISBN: 9781905536900
Category : Convention on the Rights of Persons with Disabilities and Optional Protocol
Languages : en
Pages : 0
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Book Description
"This book evolved from an event entitled 'Global PhD and Researchers Colloquium on Disability Law & Policy' organised by the Centre for Disability Law and Policy in NUI Galway in April 2010"--Introduction.
Author: Ilias Bantekas
Publisher:
ISBN: 0198810660
Category : Law
Languages : en
Pages : 1377
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Book Description
This volume is a systematic commentary on the Convention on the Rights of Persons with Disabilities (CRPD), and includes analysis of its Optional Protocol. It provides an authoritative discussion on the CRPD and is a definitive resource tool for use in litigation as well as in formulating policy at the domestic and international levels.
Author: Richard L. Hasen
Publisher: Yale University Press
ISBN: 0300228643
Category : Biography & Autobiography
Languages : en
Pages : 245
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Book Description
An eye-opening look at the influential Supreme Court justice who disrupted American jurisprudence in order to delegitimize opponents and establish a conservative legal order
Author: James I. Charlton
Publisher: Univ of California Press
ISBN: 0520925440
Category : Social Science
Languages : en
Pages : 215
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Book Description
James Charlton has produced a ringing indictment of disability oppression, which, he says, is rooted in degradation, dependency, and powerlessness and is experienced in some form by five hundred million persons throughout the world who have physical, sensory, cognitive, or developmental disabilities. Nothing About Us Without Us is the first book in the literature on disability to provide a theoretical overview of disability oppression that shows its similarities to, and differences from, racism, sexism, and colonialism. Charlton's analysis is illuminated by interviews he conducted over a ten-year period with disability rights activists throughout the Third World, Europe, and the United States. Charlton finds an antidote for dependency and powerlessness in the resistance to disability oppression that is emerging worldwide. His interviews contain striking stories of self-reliance and empowerment evoking the new consciousness of disability rights activists. As a latecomer among the world's liberation movements, the disability rights movement will gain visibility and momentum from Charlton's elucidation of its history and its political philosophy of self-determination, which is captured in the title of his book. Nothing About Us Without Us expresses the conviction of people with disabilities that they know what is best for them. Charlton's combination of personal involvement and theoretical awareness assures greater understanding of the disability rights movement.
Author: Garrett Epps
Publisher: Oxford University Press
ISBN: 0199974764
Category : Law
Languages : en
Pages : 301
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Book Description
In 1987, E.L. Doctorow celebrated the Constitution's bicentennial by reading it. "It is five thousand words long but reads like fifty thousand," he said. Distinguished legal scholar Garrett Epps--himself an award-winning novelist--disagrees. It's about 7,500 words. And Doctorow "missed a good deal of high rhetoric, many literary tropes, and even a trace of, if not wit, at least irony," he writes. Americans may venerate the Constitution, "but all too seldom is it read." In American Epic, Epps takes us through a complete reading of the Constitution--even the "boring" parts--to achieve an appreciation of its power and a holistic understanding of what it says. In this book he seeks not to provide a definitive interpretation, but to listen to the language and ponder its meaning. He draws on four modes of reading: scriptural, legal, lyric, and epic. The Constitution's first three words, for example, sound spiritual--but Epps finds them to be more aspirational than prayer-like. "Prayers are addressed to someone . . . either an earthly king or a divine lord, and great care is taken to name the addressee. . . . This does the reverse. The speaker is 'the people,' the words addressed to the world at large." He turns the Second Amendment into a poem to illuminate its ambiguity. He notices oddities and omissions. The Constitution lays out rules for presidential appointment of officers, for example, but not removal. Should the Senate approve each firing? Can it withdraw its "advice and consent" and force a resignation? And he challenges himself, as seen in his surprising discussion of the Defense of Marriage Act (DOMA) in light of Article 4, which orders states to give "full faith and credit" to the acts of other states. Wry, original, and surprising, American Epic is a scholarly and literary tour de force.
