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109 result(s) for "People with disabilities Legal status, laws, etc. United States."
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The Disability Pendulum
Signed into law in July 1990, the Americans with Disabilities Act (ADA) became effective two years later, and court decisions about the law began to multiply in the middle of the decade. In The Disability Pendulum, Ruth Colker presents the first legislative history of the enactment of the ADA in Congress and analyzes the first decade of judicial decisions under the act. She assesses the success and failure of the first ten years of litigation under the ADA, focusing on its three major titles: employment, public entities, and public accommodations.The Disability Pendulum argues that despite an initial atmosphere of bipartisan support with the expectation that the ADA would make a significant difference in the lives of individuals with disabilities, judicial decisions have not been consistent with Congress' intentions. The courts have operated like a pendulum, at times swinging to a pro-disabled plaintiff and then back again to a pro-defendant stance. Colker, whose work on the ADA has been cited by the Supreme Court, offers insightful and practical suggestions on where to amend the act to make it more effective in defending disability rights, and also explains judicial hostility toward enforcing the act.
Law and the Contradictions of the Disability Rights Movement
The passage of the Americans with Disabilities Act in 1990 was hailed as revolutionary legislation, but in the ensuing years restrictive Supreme Court decisions have prompted accusations that the Court has betrayed the disability rights movement. The ADA can lay claim to notable successes, yet people with disabilities continue to be unemployed at extremely high rates. In this timely book, Samuel R. Bagenstos examines the history of the movement and discusses the various, often-conflicting projects of diverse participants. He argues that while the courts deserve some criticism, some may also be fairly aimed at the choices made by prominent disability rights activists as they crafted and argued for the ADA. The author concludes with an assessment of the limits of antidiscrimination law in integrating and empowering people with disabilities, and he suggests new policy directions to make these goals a reality.
Twenty-Two Cents an Hour
In Twenty-Two Cents an Hour, Doug Crandell uncovers the harsh reality of people with disabilities in the United States who are forced to work in unethical conditions for subminimum wages with little or no opportunity to advocate for themselves, while wealthy CEOs grow even wealthier as a direct result. As recently as 2016, the United States Congress enacted bipartisan legislation which continued to allow workers with disabilities to legally be paid far lower than the federal minimum wage. Drawing on ongoing federal Department of Justice lawsuits, the horrifying story of Henry's Turkey Farm in Iowa, and more, Crandell shows the history of the policies that have led to these unjust outcomes, examines who benefits from this legislation, and asks important questions about the rise of a disability industrial complex. Exposing this complex—which is rooted in profit, lobbying, and playing on the emotions of workers' parents and families, as well as the public—Crandell challenges readers to reexamine how we treat some of our most vulnerable fellow citizens. Twenty-Two Cents an Hour forces the reader to face the reality of this exploitation, and builds the framework needed for reform.
Disabling Interpretations
The Americans with Disabilities Act (ADA) of 1990 was intended to send a clear message to society that discrimination on the basis of disability is unacceptable. As with most civil rights laws, the courts were given primary responsibility for implementing disability rights policy. Mezey argues that the act has not fulfilled its potential primarily because of the judiciary's \"disabling interpretations\" in adjudicating ADA claims. In the decade of litigation following the enactment of the ADA, 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 was 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 has also caused claimants to become enmeshed in litigation and has encouraged defendants to challenge other laws affecting disability rights. Despite the law's strong civil rights rhetoric, disability rights remain an imperfectly realized goal.
No right to be idle : the invention of disability, 1840s-1930s
\"In the late nineteenth and early twentieth centuries, a major transformation was occurring in many spheres of society: people with every sort of disability were increasingly being marginalized, excluded, and incarcerated. Disabled but still productive factory workers were being fired, and developmentally disabled individuals who had previously contributed domestic or agricultural labor in homes or on farms were being sent to institutions and poorhouses. [The author] pinpoints the origins and ramifications of this sea-change in American society, exploring the ways that public policy removed the disabled from the category of \"deserving\" recipients of public assistance, transforming them into a group requiring rehabilitation in order to achieve \"self-care\" and \"self-support.\" By tracing the experiences of advocates, program innovators, and disabled people caught up in this epochal transition, Rose ... integrates disability history and labor history to show how disabled people and their families were relegated to poverty and second-class economic and social citizenship, with vast consequences for debates about disability, poverty, and welfare in the century to come\"-- Provided by publisher
The Ugly Laws
In the late-nineteenth and early-twentieth centuries, municipallaws targeting \"unsightly beggars\" sprang up in cities across America. Seeming to criminalize disability and thus offering a visceral example of discrimination, these ugly laws have become a sort of shorthand for oppression in disability studies, law, and the arts.In this watershed study of the ugly laws, Susan M. Schweik uncovers the murky history behind the laws, situating the varied legislation in its historical context and exploring in detail what the laws meant. Illustrating how the laws join the history of the disabled and the poor, Schweik not only gives the reader a deeper understanding of the ugly laws and the cities where they were generated, she locates the laws at a crucial intersection of evolving and unstable concepts of race, nation, sex, class, and gender. Moreover, she explores the history of resistance to the ordinances, using the often harrowing life stories of those most affected by their passage. Moving to the laws' more recent history, Schweik analyzes the shifting cultural memory of the ugly laws, examining how they have been used - and misused - by academics, activists, artists, lawyers, and legislators.