Disabling Interpretations : The Americans with Disabilities Act in Federal Court

Disabling Interpretations : The Americans with Disabilities Act in Federal Court

Author
Susan Gluck Mezey
Publisher
University of Pittsburgh Press
Language
English
Edition
1
Year
2005
Page
248
ISBN
9780822972792,9780822958796
File Type
pdf
File Size
975.2 KiB

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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