Disabling Interpretations: The Americans with Disabilities Act in Federal Court
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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1964 Civil Rights 1973 Rehabilitation Act 9th Cir abrogate state immunity action ADA litigation ADA’s agencies appellate court argued attorneys basis of disability bill Board circuit court cited City City of Boerne Civil Rights Act civil rights laws claim Colker compliance Congress cost court held court rulings Court’s decision defendant’s defendants definition of disability disability community disability rights advocates disability rights movement dismissed district court EAHCA Education EEOC Eleventh Amendment employers employment discrimination enacted enforcement federal courts Fourteenth Amendment fundamentally alter Garrett high court House impairment implementation individual intent interpretation issue Kimel legislative LEXIS lower court major life activity mandates ment mental percent PGA Tour plaintiffs prevailed public accommodation punitive damages regulations Rehabilitation Act remedy section 504 Seminole Tribe sovereign immunity state’s statute substantially limited summary judgment Supreme Court tion Title VII violations Waffle House