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1. |
Record Nr. |
UNINA9910783766303321 |
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Autore |
Colker Ruth |
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Titolo |
The disability pendulum [[electronic resource] ] : the first decade of the Americans with Disabilities Act / / Ruth Colker |
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Pubbl/distr/stampa |
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New York, : New York University Press, c2005 |
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ISBN |
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0-8147-9037-2 |
1-4294-1395-6 |
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Descrizione fisica |
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1 online resource (262 p.) |
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Collana |
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Disciplina |
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Soggetti |
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People with disabilities - Legal status, laws, etc - United States - History - 20th century |
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Lingua di pubblicazione |
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Formato |
Materiale a stampa |
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Livello bibliografico |
Monografia |
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Note generali |
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Description based upon print version of record. |
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Nota di bibliografia |
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Includes bibliographical references (p. 213-235) and index. |
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Nota di contenuto |
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Introduction : high hope followed by public backlash -- The ADA's journey through Congress -- ADA Title I : an empirical investigation -- The face of judicial backlash -- ADA Title II : the Supreme Court, the courts of appeals and the states : a swinging pendulum -- ADA Title III : a fragile compromise -- Dissing Congress. |
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Sommario/riassunto |
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Signed into law in July 1990, the Americans with Disabilities Act (ADA) became effective two years later, and court decisions about the law began to multiply in the middle of the decade. In The Disability Pendulum, Ruth Colker presents the first legislative history of the enactment of the ADA in Congress and analyzes the first decade of judicial decisions under the act. She assesses the success and failure of the first ten years of litigation under the ADA, focusing on its three major titles: employment, public entities, and public accommodations.The Disability Pendulum argues that despite an initial atmosphere of bipartisan support with the expectation that the ADA would make a significant difference in the lives of individuals with disabilities, judicial decisions have not been consistent with Congress’ intentions. The courts have operated like a pendulum, at times swinging to a pro-disabled plaintiff and then back again to a pro-defendant stance. Colker, whose work on the ADA has been cited by the Supreme Court, offers insightful and practical suggestions on where to amend the act to make it more effective in defending disability rights, and also |
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explains judicial hostility toward enforcing the act. |
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2. |
Record Nr. |
UNINA9910792310303321 |
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Titolo |
Reaffirming legal ethics : taking stock and new ideas / / edited by Kieran Tranter. [et al.] |
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Pubbl/distr/stampa |
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New York : , : Routledge, , 2010 |
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ISBN |
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1-136-95476-7 |
1-136-95477-5 |
1-282-65965-0 |
9786612659652 |
0-203-84935-3 |
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Descrizione fisica |
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1 online resource (239 p.) |
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Collana |
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Routledge Research in Legal Ethics |
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Altri autori (Persone) |
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Disciplina |
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Soggetti |
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Legal ethics - United States |
Law - Study and teaching - United States |
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Lingua di pubblicazione |
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Formato |
Materiale a stampa |
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Livello bibliografico |
Monografia |
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Note generali |
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Description based upon print version of record. |
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Nota di bibliografia |
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Includes bibliographical references and index. |
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Nota di contenuto |
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Book Cover; Title; Copyright; Contents; Preface; Contributors; 1 Introduction; 2 The philosophical foundations of legal ethics: a roundtable; 3 Personal integrity and professional ethics; 4 Legal advising and the rule of law; 5 Tales of terror: lessons for lawyers from the 'war on terrorism'; 6 Legal ethics in a post-Westphalian world: building the international rule of law and other tasks; 7 An opportunity for the ethical maturation of the law firm: the ethical implications of incorporated and listed law firms; 8 Carnegie's missing step: prescribing lawyer retraining |
9 Professionalism and Pro Bono publico10 The psychology of good character: the past, present and future of good character regulation in Canada; 11 The 'self-regulation' misnomer; 12 Why good intentions are often not enough: the potential for ethical blindness in legal decision-making; Index |
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Sommario/riassunto |
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It has been over thirty years since the founding crises that birthed legal |
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ethics as both a field of study and a discrete field of law. In that time thinking about the ethical dimension of legal practice has taken several turns: from justifications of zealous advocacy, to questions of process and connections to specifically legal values, to more recently consideration of legal conduct as part of a wider field of virtue. Parallel to this dynamism of thought, there has also been significant changes in how legal professions, especially within those that possess a common law heritage, have been |
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