Backlash Against the ADA: Reinterpreting Disability Rights

Front Cover
University of Michigan Press, Feb 22, 2010 - Law - 408 pages
0 Reviews
For civil rights lawyers who toiled through the 1980s in the increasingly barren fields of race and sex discrimination law, the approval of the Americans with Disabilities Act in 1990 by a nearly unanimous U.S. House and Senate and a Republican President seemed almost fantastic. Within five years of the Act's effective date, however, observers were warning of an unfolding assault on the ADA by federal judges, the media, and other national opinion-makers. A year after the Supreme Court issued a trio of decisions in the summer of 1999 sharply limiting the ADA's reach, another decision invalidated an entire title of the act as it applied to the states. By this time, disability activists and disability rights lawyers were speaking openly of a backlash against the ADA. What happened, why did it happen, and what can we learn from the patterns of public, media, and judicial response to the ADA that emerged in the 1990s? In this book, a distinguished group of disability activists, disability rights lawyers, social scientists and humanities scholars grapple with these questions. Taken together, these essays construct and illustrate a new and powerful theoretical model of sociolegal change and retrenchment that can inform both the conceptual and theoretical work of scholars and the day-to-day practice of social justice activists. Contributors include Lennard J. Davis, Matthew Diller, Harlan Hahn, Linda Hamilton Krieger, Vicki A. Laden, Stephen L. Percy, Marta Russell, and Gregory Schwartz. Backlash Against the ADA will interest disability rights activists, lawyers, law students and legal scholars interested in social justice and social change movements, and students and scholars in disability studies, political science, media studies, American studies, social movement theory, and legal history. Linda Hamilton Krieger is Professor of Law, University of California School of Law, Berkeley.
 

What people are saying - Write a review

We haven't found any reviews in the usual places.

Contents

Introduction
1
Unreasonable Bias or Biased Reasoning?
26
Judicial Backlash the ADA and the Civil Rights Model of Disability
62
Disability Narcissism and the Law
98
Judicial Construction of the Meaning of Disability
122
The ADA and the Meaning of Disability
164
Psychiatric Disabilities the Americans with Disabilities Act and the New Workplace Violence Account
189
A Chill Wind from the Past Blows Equal Protection Away
221
Backlash the Political Economy and Structural Exclusion
254
Evidence on Key Controversies Underlying Implementation of the Americans with Disabilities Act
297
The Death of Section 504
323
Sociolegal Backlash
340
Contributors
395
Index
399
Copyright

Other editions - View all

Common terms and phrases

References to this book

About the author (2010)

Krieger is Professor of Law at the University of California, Berkeley School of Law.

Bibliographic information