The Disability Pendulum
The First Decade of the Americans with Disabilities Act
By (author) Ruth Colker
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Disability Pendulum by Ruth Colker
Book DescriptionSigned 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.
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Book DetailsISBN: 9780814716809
(5830mm x 3895mm x 16mm)
Imprint: New York University Press
Publisher: New York University Press
Publish Date: 1-Mar-2007
Country of Publication: United States
Books By Author Ruth Colker
Disabled Education, Hardback (May 2013)
Reveals the IDEA's shortcomings, but also suggests ways in which resources might be allocated more evenly along class lines
When is Separate Unequal?, Paperback (December 2008)
This book provides a comprehensive overview of how to attain equality in the area of disability discrimination.
American Law in the Age of Hypercapitalism, Paperback (March 1998)» View all books by Ruth Colker
Examines how American law purports to reflect - and actively promotes - a laissez-faire capitalism that disproportionately benefits the entrepreneurial class. This title proposes that the quality of American life depends also on fairness and equality rather than simply the single-minded and formulaic pursuit of efficiency and utility.
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Author Biography - Ruth Colker
Ruth Colker is Distinguished University Professor and the Heck-Faust Memorial Chair in Constitutional Law at the Michael E. Moritz College of Law, Ohio State University. She is the author of Hybrid, The Disability Pendulum, and American Law in the Age of Hypercapitalism, all available from NYU Press.
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