Disabling Interpretations: The Americans with Disabilities Act in Federal Court

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University of Pittsburgh Pre, 2005 - Law - 235 pages
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Annotation "Susan Mezey argues that the Americans with Disabilities Act (ADA) of 1990 has not fulfilled its potential primarily because of the judiciary's "disabling interpretations" in adjudicating ADA claims. In a decade of litigation, judicial interpretation of the law has largely constricted the parameters of disability rights and excluded large numbers of claimants from the reach of the law. The Supreme Court has not interpreted the act broadly, as was intended by Congress, and this method of decision making has been for the most part mirrored by the courts below. The high court's rulings to expand state sovereign immunity and insulate states from liability in damage suits have also caused claimants to become enmeshed in litigation and have encouraged defendants to challenge other laws affecting disability rights. Despite the law's strong civil rights rhetoric, disability rights remain an imperfectly realized goal."--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved
 

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Contents

1 Introduction
1
as Civil Rights
7
and the Workplace
39
and Public Entities
71
and Public Accommodations
109
and State Sovereignty
141
7 Conclusion
165
Notes
175
References
201
Index of Cases
223
Index
229
Back Cover
237
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About the author (2005)

Susan Gluck Mezey, Ph.D., J.D., is a professor of political science at Loyola University, Chicago. She is former director of Loyola’s Women’s Studies Program and chair of the 1999 Forum on the Child. She is the author of Pitiful Plaintiffs: Child Welfare Litigation and the Federal Courts; No Longer Disabled: The Federal Courts and the Politics of Social Security Disability; In Pursuit of Equality: Women, Public Policy, and the Federal Courts; and Children in Court: Public Policymaking and Federal Court Decisions.

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