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 \u0022disabling interpretations\u0022 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.
Product Identifiers
Publisher
University of Pittsburgh Press
ISBN-13
9780822958796
eBay Product ID (ePID)
96270048
Product Key Features
Subject Area
Constitutional Law
Author
Susan Gluck Mezey
Publication Name
Disabling Interpretations: the Americans with Disabilities Act in Federal Court
Format
Paperback
Language
English
Publication Year
2005
Type
Textbook
Number of Pages
248 Pages
Dimensions
Item Height
230mm
Item Width
150mm
Additional Product Features
Title_Author
Susan Gluck Mezey
Country/Region of Manufacture
United States
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