Law and the Contradictions of the Disability Rights Movement

Law and the Contradictions of the Disability Rights Movement
Author: Samuel R. Bagenstos
Publisher: Yale University Press
Total Pages: 240
Release: 2009-06-23
Genre: Law
ISBN: 0300155433

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.

A Disability History of the United States

A Disability History of the United States
Author: Kim E. Nielsen
Publisher: Beacon Press
Total Pages: 290
Release: 2012-10-02
Genre: Social Science
ISBN: 0807022039

The first book to cover the entirety of disability history, from pre-1492 to the present Disability is not just the story of someone we love or the story of whom we may become; rather it is undoubtedly the story of our nation. Covering the entirety of US history from pre-1492 to the present, A Disability History of the United States is the first book to place the experiences of people with disabilities at the center of the American narrative. In many ways, it’s a familiar telling. In other ways, however, it is a radical repositioning of US history. By doing so, the book casts new light on familiar stories, such as slavery and immigration, while breaking ground about the ties between nativism and oralism in the late nineteenth century and the role of ableism in the development of democracy. A Disability History of the United States pulls from primary-source documents and social histories to retell American history through the eyes, words, and impressions of the people who lived it. As historian and disability scholar Nielsen argues, to understand disability history isn’t to narrowly focus on a series of individual triumphs but rather to examine mass movements and pivotal daily events through the lens of varied experiences. Throughout the book, Nielsen deftly illustrates how concepts of disability have deeply shaped the American experience—from deciding who was allowed to immigrate to establishing labor laws and justifying slavery and gender discrimination. Included are absorbing—at times horrific—narratives of blinded slaves being thrown overboard and women being involuntarily sterilized, as well as triumphant accounts of disabled miners organizing strikes and disability rights activists picketing Washington. Engrossing and profound, A Disability History of the United States fundamentally reinterprets how we view our nation’s past: from a stifling master narrative to a shared history that encompasses us all.

The Oxford Handbook of Law and Humanities

The Oxford Handbook of Law and Humanities
Author: Simon Stern
Publisher:
Total Pages: 921
Release: 2020
Genre: Education
ISBN: 0190695625

How might law matter to the humanities? How might the humanities matter to law? In its approach to both of these questions, The Oxford Handbook of Law and Humanities shows how rich a resource the law is for humanistic study, as well as how and why the humanities are vital for understanding law. Tackling questions of method, key themes and concepts, and a variety of genres and areas of the law, this collection of essays by leading scholars from a variety of disciplines illuminates new questions and articulates an exciting new agenda for scholarship in law and humanities.

Nothing About Us Without Us

Nothing About Us Without Us
Author: James I. Charlton
Publisher: Univ of California Press
Total Pages: 215
Release: 1998-03-27
Genre: Social Science
ISBN: 0520925440

James Charlton has produced a ringing indictment of disability oppression, which, he says, is rooted in degradation, dependency, and powerlessness and is experienced in some form by five hundred million persons throughout the world who have physical, sensory, cognitive, or developmental disabilities. Nothing About Us Without Us is the first book in the literature on disability to provide a theoretical overview of disability oppression that shows its similarities to, and differences from, racism, sexism, and colonialism. Charlton's analysis is illuminated by interviews he conducted over a ten-year period with disability rights activists throughout the Third World, Europe, and the United States. Charlton finds an antidote for dependency and powerlessness in the resistance to disability oppression that is emerging worldwide. His interviews contain striking stories of self-reliance and empowerment evoking the new consciousness of disability rights activists. As a latecomer among the world's liberation movements, the disability rights movement will gain visibility and momentum from Charlton's elucidation of its history and its political philosophy of self-determination, which is captured in the title of his book. Nothing About Us Without Us expresses the conviction of people with disabilities that they know what is best for them. Charlton's combination of personal involvement and theoretical awareness assures greater understanding of the disability rights movement.

Prenatal Testing and Disability Rights

Prenatal Testing and Disability Rights
Author: Erik Parens
Publisher: Georgetown University Press
Total Pages: 392
Release: 2000-09-28
Genre: Medical
ISBN: 9781589013940

As prenatal tests proliferate, the medical and broader communities perceive that such testing is a logical extension of good prenatal care—it helps parents have healthy babies. But prenatal tests have been criticized by the disability rights community, which contends that advances in science should be directed at improving their lives, not preventing them. Used primarily to decide to abort a fetus that would have been born with mental or physical impairments, prenatal tests arguably reinforce discrimination against and misconceptions about people with disabilities. In these essays, people on both sides of the issue engage in an honest and occasionally painful debate about prenatal testing and selective abortion. The contributors include both people who live with and people who theorize about disabilities, scholars from the social sciences and humanities, medical geneticists, genetic counselors, physicians, and lawyers. Although the essayists don't arrive at a consensus over the disability community's objections to prenatal testing and its consequences, they do offer recommendations for ameliorating some of the problems associated with the practice.

Rights Gone Wrong

Rights Gone Wrong
Author: Richard Thompson Ford
Publisher: Macmillan + ORM
Total Pages: 283
Release: 2011-10-25
Genre: Law
ISBN: 1429969253

A New York Times Notable Book for 2011 Since the 1960s, ideas developed during the civil rights movement have been astonishingly successful in fighting overt discrimination and prejudice. But how successful are they at combating the whole spectrum of social injustice-including conditions that aren't directly caused by bigotry? How do they stand up to segregation, for instance-a legacy of racism, but not the direct result of ongoing discrimination? It's tempting to believe that civil rights litigation can combat these social ills as efficiently as it has fought blatant discrimination. In Rights Gone Wrong, Richard Thompson Ford, author of the New York Times Notable Book The Race Card, argues that this is seldom the case. Civil rights do too much and not enough: opportunists use them to get a competitive edge in schools and job markets, while special-interest groups use them to demand special privileges. Extremists on both the left and the right have hijacked civil rights for personal advantage. Worst of all, their theatrics have drawn attention away from more serious social injustices. Ford, a professor of law at Stanford University, shows us the many ways in which civil rights can go terribly wrong. He examines newsworthy lawsuits with shrewdness and humor, proving that the distinction between civil rights and personal entitlements is often anything but clear. Finally, he reveals how many of today's social injustices actually can't be remedied by civil rights law, and demands more creative and nuanced solutions. In order to live up to the legacy of the civil rights movement, we must renew our commitment to civil rights, and move beyond them.

Women, Law and Culture

Women, Law and Culture
Author: Jocelynne A. Scutt
Publisher: Springer
Total Pages: 325
Release: 2017-02-17
Genre: Social Science
ISBN: 3319449389

This book explores cultural constructs, societal demands and political and philosophical underpinnings that position women in the world. It illustrates the way culture controls women's place in the world and how cultural constraints are not limited to any one culture, country, ethnicity, race, class or status. Written by scholars from a wide range of specialists in law, sociology, anthropology, popular and cultural studies, history, communications, film and sex and gender, this study provides an authoritative take on different cultures, cultural demands and constraints, contradictions and requirements for conformity generating conflict. Women, Law and Culture is distinctive because it recognises that no particular culture singles out women for 'special' treatment, rules and requirements; rather, all do. Highlighting the way law and culture are intimately intertwined, impacting on women – whatever their country and social and economic status – this book will be of great interest to scholars of law, women’s and gender studies and media studies.

No Pity

No Pity
Author: Joseph P. Shapiro
Publisher: Crown
Total Pages: 397
Release: 2011-06-22
Genre: Political Science
ISBN: 0307798321

“A sensitive look at the social and political barriers that deny disabled people their most basic civil rights.”—The Washington Post “The primer for a revolution.”—The Chicago Tribune “Nondisabled Americans do not understand disabled ones. This book attempts to explain, to nondisabled people as well as to many disabled ones, how the world and self-perceptions of disabled people are changing. It looks at the rise of what is called the disability rights movement—the new thinking by disabled people that there is no pity or tragedy in disability and that it is society’s myths, fears, and stereotypes that most make being disabled difficult.”—from the Introduction

Academic Ableism

Academic Ableism
Author: Jay Dolmage
Publisher: University of Michigan Press
Total Pages: 255
Release: 2017-11-22
Genre: Education
ISBN: 047205371X

Places notions of disability at the center of higher education and argues that inclusiveness allows for a better education for everyone