The Disability Pendulum: The First Decade of the Americans with Disabilities Act

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NYU Press, 2005 - Law - 245 pages
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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 explains judicial hostility toward enforcing the act.

  

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Contents

Introduction
1
The ADAs Journey through Congress
22
ADA Title I
69
The Face of Judicial Backlash
96
ADA Title II
126
ADA Title III
166
Dissing Congress
201
Notes
213
Index
237
About the Author
245
Copyright

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About the author (2005)

Ruth Colker is the Heck-Faust Memorial Chair in Constitutional Law at the Michael E. Moritz College of Law, Ohio State University.

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