Disabled Rights: American Disability Policy and the Fight for Equality

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Georgetown University Press, Feb 13, 2003 - Political Science - 328 pages
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"Freedom and Justice for all" is a phrase that can have a hollow ring for many members of the disability community in the United States. Jacqueline Vaughn Switzer gives us a comprehensive introduction to and overview of U.S. disability policy in all facets of society, including education, the workplace, and social integration. Disabled Rights provides an interdisciplinary approach to the history and politics of the disability rights movement and assesses the creation and implementation, successes and failures of the 1990 Americans with Disabilities Act (ADA) by federal, state and local governments.

Disabled Rights explains how people with disabilities have been treated from a social, legal, and political perspective in the United States. With an objective and straightforward approach, Switzer identifies the programs and laws that have been enacted in the past fifty years and how they have affected the lives of people with disabilities. She raises questions about Congressional intent in passing the ADA, the evolution and fragmentation of the disability rights movement, and the current status of disabled people in the U.S.

Illustrating the shift of disability issues from a medical focus to civil rights, the author clearly defines the contemporary role of persons with disabilities in American culture, and comprehensively outlines the public and private programs designed to integrate disabled persons into society. She covers the law's provisions as they apply to private organizations and businesses and concludes with the most up-to-date coverage of recent Supreme Court decisions-especially since the 2000-2002 terms-that have profoundly influenced the implementation of the ADA and other disability policies.

For activists as well as scholars, students, and practitioners in public policy and public administration, Switzer has written a compassionate, yet powerful book that demands attention from everyone interested in the battle for disability rights and equality in the United States.

 

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Disabled Rights: American Disability Policy and the Flight for Equality

Contents

STEALTH CAMPAIGN
107
OPPOSITION FORCES
108
The ADA as Policy
112
PROVISIONS OF THE LAW
113
IMPLEMENTATION AND RULEMAKING
115
ENFORCEMENT
126
LITIGATION
128
KEY LITIGATION ISSUES
135

Compensation and Rehabilitation
44
HISTORICAL BASIS OF COMPENSATION
45
INDUSTRIALRELATED DISABILITIES
47
SOCIAL SECURITY
48
THE DISABILITY INSURANCE CRISIS
53
VOCATIONAL EDUCATION
55
1973 REHABILITATION ACT
58
EDUCATION FOR DISABLED CHILDREN
61
DISABILITY AS A BUSINESSREHABILITATION AS AN INDUSTRY
64
TICKET TO WORK AND WORK INCENTIVES IMPROVEMENT ACT OF 1999
66
Social and Political Activism
68
DISABILITY RIGHTS AS A SOCIAL MOVEMENT
70
DISABILITY INTEREST GROUPS
71
BERKELEY AND THE INDEPENDENT LIVING MOVEMENT
74
THE SPLINTERED UNIVERSE
76
COALITION BUILDING AND CROSSDISABILITY ACTIVISM
77
DEMONSTRATIONS AND PROTESTS
80
LITIGATION
86
The ADA and the Vision of Equality
90
EARLY INITIATIVES
92
OPENING THE POLICY WINDOW
95
POLICY ENVIRONMENT
96
LEGISLATIVE BUILDING BLOCKS
98
UNITED WE STAND
99
FRIENDS IN HIGH PLACES
102
LEGISLATIVE PROCESS
104
FUSION OF POSITIVE AND NEGATIVE RIGHTS
142
Life beyond the ADA Policy Hot Buttons
144
NOT DEAD YET
148
JERRYS KIDS AND TELETHONS
152
CHRISTOPHER REEVE AND THE MYTH OF THE SUPERCRIP
154
DEAF CULTURE AND COCHLEAR IMPLANTS
156
THE INTEGRATION MANDATE
160
VIOLENCE AGAINST PEOPLE WITH DISABILITIES
164
INVISIBLE DISABILITIES
168
Status Report on Equality
173
ATTITUDES AND PUBLIC OPINION
175
EMPLOYMENT
177
SOCIAL INTEGRATION
180
BARRIERS TO INDEPENDENCE
188
TRANSPORTATION
196
HEALTH CARE
199
HOUSING
203
OVERALL ANALYSIS
205
Epilogue
209
Suggestions for Further Research
231
Selected Disability Periodicals and Media
253
Annotated Guide to Nongovernmental Disability Organizations
255
Chronology of Important Events in the History and Development of American Disability Policy
270
NOTES
278
INDEX
311
Copyright

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Page 38 - It is better for all the world, if instead of waiting to execute degenerate offspring for crime, or to let them starve for their imbecility, society can prevent those who are manifestly unfit from continuing their kind. The principle that sustains compulsory vaccination is broad enough to cover cutting the Fallopian Tubes... Three generations of imbeciles are enough.
Page 4 - OUR SOCIETY IS STILL INFECTED BY THE ANCIENT, NOW ALMOST SUBCONSCIOUS ASSUMPTION THAT PEOPLE WITH DISABILITIES ARE LESS THAN FULLY HUMAN AND THEREFORE ARE NOT FULLY ELIGIBLE FOR THE OPPORTUNITIES, SERVICES AND SUPPORT SYSTEMS WHICH ARE AVAILABLE TO OTHER PEOPLE AS A MATTER OF RIGHT.

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About the author (2003)

Jacqueline Vaughn Switzer is an associate professor of political science at Northern Arizona University.

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