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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: Jon C. Dubin
Publisher: NYU Press
ISBN: 1479811025
Category : Law
Languages : en
Pages : 276
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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: Ruth Colker
Publisher: LexisNexis
ISBN: 9780769882017
Category : Discrimination against people with disabilities
Languages : en
Pages : 674
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Book Description
Author: Jonathan Lazar
Publisher: University of Pennsylvania Press
ISBN: 0812249232
Category : Computers
Languages : en
Pages : 360
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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: Franziska Felder
Publisher: Springer Nature
ISBN: 3030865452
Category : Social Science
Languages : en
Pages : 268
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Book Description
This book, exploring the theoretical and practical implications of the United Nations Convention on the Rights of Persons with Disabilities (CRPD), brings together an international and interdisciplinary group of leading researchers in the areas of philosophy of disability, disability law, and disability policy. It addresses both the philosophical foundations of the CRPD as well as complex contemporary legal and policy debates. With a comprehensive introduction outlining key milestones in the development and implementation of the CRPD, the book addresses the most fundamental questions the CRPD raises for the way we think about human rights, law, and disability, and how we operationalize rights in the legal and policy domains. The contributors traverse themes of personhood, equality, capacity, and intersectionality, explore the dilemmas involved in translating these concepts in practice, and reflect on the promises and limitations of the human rights project.
Author: I. Glenn Cohen
Publisher: Cambridge University Press
ISBN: 1108485979
Category : Law
Languages : en
Pages : 313
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Book Description
Examines how the framing of disability has serious implications for legal, medical, and policy treatments of disability.
Author: Samuel R. Bagenstos
Publisher:
ISBN:
Category : People with disabilities
Languages : en
Pages : 764
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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: Susan M. Schweik
Publisher: NYU Press
ISBN: 0814783619
Category : History
Languages : en
Pages : 446
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Book Description
In the culture of the modern West, we see ourselves as thinking subjects, defined by our conscious thought, autonomous and separate from each other and the world we survey. Current research in neurology and cognitive science shows that this picture is false. We think with our bodies, and in interaction with others, and our thought is never completed. The Fiction of a Thinkable World is a wide-ranging exploration of the meaning of this insight for our understanding of history, ethics, and politics Ambitious but never overwhelming, carrying its immense learning lightly, The Fiction of a Thinkable World shows how the Western conception of the human subject came to be formed historically, how it contrasts with that of Eastern thought, and how it provides the basic justification for the institutions of liberal capitalism. The fiction of a world separated from each of us as we are separated from each other, from which we make our choices in solitary thought, is enacted by the voter in the voting booth and the consumer at the supermarket shelf. The structure of daily experience in capitalist society reinforces the fictions of the Western intellectual tradition, stunt human creativity, and create the illusion that the capitalist order is natural and unsurpassable. Steinberg’s critique of the intellectual world of Western capitalism at the same time illuminates the paths that have been closed off in that world. It draws on Chinese ethics to show how our actions can be brought in accord with the world as it is, in its ever-changing interaction and mutual transformation, and sketches a radical political perspective that sheds the illusions of the Western model. Beautifully conceived and written, The Fiction of a Thinkable World provides new ways of thinking and opens new horizons.
Author: Marcia H. Rioux
Publisher: Martinus Nijhoff Publishers
ISBN: 9004189505
Category : Political Science
Languages : en
Pages : 569
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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.
Author: Michael L. Perlin
Publisher: Lexis Law Publishing (Va)
ISBN:
Category : Insane
Languages : en
Pages : 602
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Book Description
