By Linda Hamilton Krieger
For civil rights legal professionals who toiled throughout the Eighties within the more and more barren fields of race and intercourse discrimination legislation, the approval of the americans with Disabilities Act in 1990 via an almost unanimous U.S. condo and Senate and a Republican President appeared virtually awesome. inside 5 years of the Act's powerful date, although, observers have been caution of an unfolding attack at the ADA by way of federal judges, the media, and different nationwide opinion-makers. A 12 months after the ideally suited courtroom issued a trio of choices in the summertime of 1999 sharply restricting the ADA's achieve, one other determination invalidated a whole name of the act because it utilized to the states. by means of this time, incapacity activists and incapacity rights attorneys have been conversing overtly of a backlash opposed to the ADA. What occurred, why did it take place, and what will we study from the styles of public, media, and judicial reaction to the ADA that emerged within the Nineties? during this e-book, a wonderful crew of incapacity activists, incapacity rights attorneys, social scientists and arts students grapple with those questions. Taken jointly, those essays build and illustrate a brand new and strong theoretical version of sociolegal switch and retrenchment which could tell either the conceptual and theoretical paintings of students and the daily perform of social justice activists. members contain Lennard J. Davis, Matthew Diller, Harlan Hahn, Linda Hamilton Krieger, Vicki A. weighted down, Stephen L. Percy, Marta Russell, and Gregory Schwartz. Backlash opposed to the ADA will curiosity incapacity rights activists, attorneys, legislation scholars and criminal students drawn to social justice and social swap pursuits, and scholars and students in incapacity experiences, political technological know-how, media experiences, American reviews, social circulation thought, and felony historical past. Linda Hamilton Krieger is Professor of legislation, collage of California college of legislation, Berkeley.
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Extra resources for Backlash Against The ADA: Reinterpreting Disability Rights (Corporealities: Discourses of Disability)
S. 624, 639 (1998). 67. Sutton v. S. 471(1999) (severe myopia); Murphy v. United Parcel Serv. S. 516 (1999) (hypertension); and Albertson’s v. S. 555 (1999) (monocular vision). 68. S. 356 (2001). 69. Section 5 of the Fourteenth Amendment provides: The Congress shall have power to enforce, by appropriate legislation, the provisions of this article [the Fourteenth Amendment]. S. Const. amend. XIV, § 5. 70. The conservative majority, familiar to anyone who followed the fall 2000 presidential recount controversy culminating in Bush v.
Id. at 260. 54. html. 55. Id. 56. I nod here to Lennard Davis, later in this volume, Bending Over Backwards: Disability, Narcissism and the Law. 57. James Bovard, The Disabilities Act’s Parade of Absurdities, Wall St. , June 22, 1995, at A6. 58. Y. Times, November 28, 1997, at A39. 59. Stephanie Armour, Disabilities Act Abused? Law’s Use Sparks Debate, USA Today, September 25, 1998, at 1B. 60. html. 61. Dennis Byrne, Late for Work? Plead Insanity, Chi. Sun-Times, May 8, 1997, at 39. 62. George Will, Protection for the Personality-Impaired, Wash.
Sutton v. S. 471(1999) (severe myopia); Murphy v. United Parcel Serv. S. 516 (1999) (hypertension); and Albertson’s v. S. 555 (1999) (monocular vision). 68. S. 356 (2001). 69. Section 5 of the Fourteenth Amendment provides: The Congress shall have power to enforce, by appropriate legislation, the provisions of this article [the Fourteenth Amendment]. S. Const. amend. XIV, § 5. 70. The conservative majority, familiar to anyone who followed the fall 2000 presidential recount controversy culminating in Bush v.
Backlash Against The ADA: Reinterpreting Disability Rights (Corporealities: Discourses of Disability) by Linda Hamilton Krieger
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