1.

Record Nr.

UNINA9910811928603321

Autore

Colker Ruth

Titolo

The disability pendulum [[electronic resource] ] : the first decade of the Americans with Disabilities Act / / Ruth Colker

Pubbl/distr/stampa

New York, : New York University Press, c2005

ISBN

0-8147-9037-2

1-4294-1395-6

Edizione

[1st ed.]

Descrizione fisica

1 online resource (262 p.)

Collana

Critical America

Disciplina

342.7308/7

Soggetti

People with disabilities - Legal status, laws, etc - United States - History - 20th century

Lingua di pubblicazione

Inglese

Formato

Materiale a stampa

Livello bibliografico

Monografia

Note generali

Description based upon print version of record.

Nota di bibliografia

Includes bibliographical references (p. 213-235) and index.

Nota di contenuto

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.

Sommario/riassunto

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



explains judicial hostility toward enforcing the act.