By Linda Hamilton Krieger
For civil rights legal professionals who toiled during the Eighties within the more and more barren fields of race and intercourse discrimination legislation, the approval of the americans with Disabilities Act in 1990 by way of a virtually unanimous U.S. condo and Senate and a Republican President appeared virtually awesome. inside 5 years of the Act's powerful date, besides the fact that, observers have been caution of an unfolding attack at the ADA by way of federal judges, the media, and different nationwide opinion-makers. A 12 months after the excellent courtroom issued a trio of choices in the summertime of 1999 sharply proscribing the ADA's achieve, one other choice invalidated a complete name of the act because it utilized to the states. by means of this time, incapacity activists and incapacity rights attorneys have been talking overtly of a backlash opposed to the ADA. What occurred, why did it take place, and what do we research from the styles of public, media, and judicial reaction to the ADA that emerged within the Nineteen Nineties? during this ebook, a amazing team of incapacity activists, incapacity rights attorneys, social scientists and arts students grapple with those questions. Taken jointly, those essays build and illustrate a brand new and robust theoretical version of sociolegal swap and retrenchment that could tell either the conceptual and theoretical paintings of students and the daily perform of social justice activists. members comprise Lennard J. Davis, Matthew Diller, Harlan Hahn, Linda Hamilton Krieger, Vicki A. encumbered, Stephen L. Percy, Marta Russell, and Gregory Schwartz. Backlash opposed to the ADA will curiosity incapacity rights activists, attorneys, legislations scholars and felony students drawn to social justice and social switch events, and scholars and students in incapacity reports, political technology, media stories, American experiences, social circulate idea, and felony historical past. Linda Hamilton Krieger is Professor of legislation, college of California university of legislation, Berkeley.
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Extra resources for Backlash Against The ADA: Reinterpreting Disability Rights (Corporealities: Discourses of Disability)
76 Some disabled advocates may even welcome this development as an initial break through 40 Backlash Against the ADA the veneer of paternalism that has surrounded the analysis of disability rights. The candid acknowledgment of disagreement and opposition would contribute to a healthy debate about the interpretation of the ADA. As an antidote to the deep hostility that may be manifested as backlash, it could be necessary to promote a frank dialogue, which may evoke discord but which might even lead to an increased understanding of the principle of equal rights for Americans with disabilities.
12112(b)(3)(A). 24. C. § 12112(b)(5). R. 2(p)(1). 25. C. § 12113(b). 26. C. ” The direct threat defense had been de‹ned for § 504 purposes in terms virtually identical to those incorporated into the ADA Regulations in School Board v. S. 273, 288 (1987). 27. R. 2(r). 22 Backlash Against the ADA 28. In connection with this aspect of stigma, see generally, Erving Goffman, Stigma: Notes on the Management of Spoiled Identity (1963). This point is developed later in this volume in Vicki A. Laden & Gregory Schwartz, Psychiatric Disabilities, the Americans with Disabilities Act, and the New Workplace Violence Account.
At 260. 54. html. 55. Id. 56. I nod here to Lennard Davis, later in this volume, Bending Over Backwards: Disability, Narcissism and the Law. 57. James Bovard, The Disabilities Act’s Parade of Absurdities, Wall St. , June 22, 1995, at A6. 58. Y. Times, November 28, 1997, at A39. 59. Stephanie Armour, Disabilities Act Abused? Law’s Use Sparks Debate, USA Today, September 25, 1998, at 1B. 60. html. 61. Dennis Byrne, Late for Work? Plead Insanity, Chi. Sun-Times, May 8, 1997, at 39. 62. George Will, Protection for the Personality-Impaired, Wash.
Backlash Against The ADA: Reinterpreting Disability Rights (Corporealities: Discourses of Disability) by Linda Hamilton Krieger