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Author: Samuel R. Bagenstos
Publisher:
ISBN:
Category : Law
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: Samuel R. Bagenstos
Publisher:
ISBN:
Category : Law
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: 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: Peter David Blanck
Publisher: West Academic Publishing
ISBN:
Category : Law
Languages : en
Pages : 1340
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Book Description
This casebook examines the development of disability rights law and policy in the United States and abroad and can be used as either a law or graduate school teaching tool. It gives a complete and current treatment of the Americans with Disabilities Act and the recently passed ADA Amendments Act, including the background of the statute's passage, definition of disability, discrimination in employment, public services, and public accommodations. It also gives in-depth coverage of other important federal disability discrimination statutes like the Individuals with Disabilities Education Act, Rehabilitation Act, and Fair Housing Amendments Act. This book is unique in that it offers extensive coverage of the rapidly developing area of international disability law, through discussion of the new UN Convention on Rights of Persons with Disabilities and related developments. The authors also discuss state-level disability discrimination law, as well as current policy issues involving taxation, health policy, and technology.
Author: Arlene S. Kanter
Publisher: Routledge
ISBN: 1134444664
Category : Law
Languages : en
Pages : 360
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Book Description
The adoption of the Convention on the Rights of People with Disabilities (CPRD) by the United Nations in 2006 is the first comprehensive and binding treaty on the rights of people with disabilities. It establishes the right of people with disabilities to equality, dignity, autonomy, full participation, as well as the right to live in the community, and the right to supported decision-making and inclusive education. Prior to the CRPD, international law had provided only limited protections to people with disabilities. This book analyses the development of disability rights as an international human rights movement. Focusing on the United States and countries in Asia, Africa, the Middle East the book examines the status of people with disabilities under international law prior to the adoption of the CPRD, and follows the development of human rights protections through the convention’s drafting process. Arlene Kanter argues that by including both new applications and entirely new approaches to human rights treaty enforcement, the CRPD is significant not only to people with disabilities but also to the general development of international human rights, by offering new human rights protections for all people. Taking a comparative perspective, the book explores how the success of the CRPD in achieving protections depends on the extent to which individual countries enforce domestic laws and policies, and the changing public attitudes towards people with disabilities. This book will be of excellent use and interest to researchers and students of human rights law, discrimination, and disability studies.
Author: Coomara Pyaneandee
Publisher: Routledge
ISBN: 042995185X
Category : Law
Languages : en
Pages : 233
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Book Description
This book provides a concise guide to international disability law. It analyses the case law of the CRPD Committee and other international human rights treaty bodies, and provides commentaries on more than 50 leading cases. The author elaborates on the obligations of States Parties under the CRPD and other international treaties, while also spelling out the rights of persons with disabilities, and the different mechanisms that exist at both domestic and international levels for ensuring that those rights are respected, protected and promoted. The author also delineates the traditional differentiation between civil and political rights on the one hand, and economic, social and cultural rights on the other. He demonstrates, through analysis of the evolving case law, how the gap between these two sets of rights is gradually closing. The result is a powerful tool for political decisionmakers, academics, legal practitioners, law students, persons with disabilities and their representative organisations, human rights activists and general readers.
Author: Mary Lou Breslin
Publisher: Brill Nijhoff
ISBN:
Category : Law
Languages : en
Pages : 536
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Book Description
"Papers conceived and commissioned by the Disability Rights Education and Defense Fund (DREDF)"--T.p.
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: Mark C. Weber
Publisher:
ISBN: 9781531027940
Category : Discrimination
Languages : en
Pages : 0
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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: Ruth Colker
Publisher:
ISBN: 9781634601153
Category : Discrimination against people with disabilities
Languages : en
Pages : 0
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Book Description
This Nutshell presents an overview of the major federal disability laws with emphasis on the statutes, regulations, and significant points of substantive and procedural law. The fifth edition includes significant focus on the Americans with Disabilities Act (ADA), including its 2008 Amendment and accompanying regulations. Features coverage on constitutional rights; the definition of "disabled"; Rehabilitation Act of 1973; employment discrimination; programs and services; and housing, education, and transportation. Also reviews the many relevant areas of the Individuals with Disabilities Education Act (IDEA), including the 2004 Amendments.
Author: Department Justice
Publisher: Createspace Independent Publishing Platform
ISBN: 9781500783945
Category :
Languages : en
Pages : 0
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Book Description
(a) Design and construction. (1) Each facility or part of a facility constructed by, on behalf of, or for the use of a public entity shall be designed and constructed in such manner that the facility or part of the facility is readily accessible to and usable by individuals with disabilities, if the construction was commenced after January 26, 1992. (2) Exception for structural impracticability. (i) Full compliance with the requirements of this section is not required where a public entity can demonstrate that it is structurally impracticable to meet the requirements. Full compliance will be considered structurally impracticable only in those rare circumstances when the unique characteristics of terrain prevent the incorporation of accessibility features. (ii) If full compliance with this section would be structurally impracticable, compliance with this section is required to the extent that it is not structurally impracticable. In that case, any portion of the facility that can be made accessible shall be made accessible to the extent that it is not structurally impracticable. (iii) If providing accessibility in conformance with this section to individuals with certain disabilities (e.g., those who use wheelchairs) would be structurally impracticable, accessibility shall nonetheless be ensured to persons with other types of disabilities, (e.g., those who use crutches or who have sight, hearing, or mental impairments) in accordance with this section.
