View the Table of Contents.
Read the Introduction.
"Colker's book provides a comprehensive review of the ADA's
history and a thorough analysis of how effective it has been in
vindicating the rights of the disabled. She does not paint a pretty
picture, but it is an accurate, empirically based
assessment."
--"Trial"
"[A] comprehensive, factually-supported, and carefully reasoned
book in a manner worthy of academic interest. At the same time,
[Colker] writes in a plain style free of academic jargon and
returns consistently to the human-interest arena of practical
ramifications."
--"New York Law Journal"
"This book is must reading for teachers, school administrators,
parents, vocational rehabilitation counselors, disability rights
lawyers, and Deaf Community leaders who hope to help take the
citizen ship interests of deaf and hard-of-hearing people to the
next level. The book helps these constituencies make the essential
connections between raising and educating deaf children and the
rights and opportunities those children hope to enjoy."
--Journal of Deaf Studies and Deaf Education
"The Disability Pendulum chronicles societal views and court
reactions to the evolving ADA. Ruth Colker shows that public
acceptance and inclusion of persons with disabilities into society
is as much driven by attitudes about disability as by law and
policy themselves. Colker offers an enriched and fresh analysis of
the forces affecting the civil rights movement of persons with
disabilities in American society."
--Peter Blank, Charles M. and Marion Kierscht Professor of Law and
Director, Law, Health Policy & Disability Center, University of
Iowa College of Law
"Ruth Colker's bookis an absolute must-read for anyone
interested in disability rights. Colker has long been one of the
most astute observers of the development of disability rights in
the courts. This book lays out the compelling story of what the ADA
was intended to do and what the courts have done to the ADA. The
book is both inspiring and sobering."
--Chai Feldblum, Georgetown University Law Center
a[Colker] does not paint a pretty picture, but is an accurate,
empirically based assessmenta
-- Adele Rapport, The Associate Regional Attorney for the U.S.
Equal Employment Opportunity Commissionas Indianapolis District
Office
"The Disability Pendulum helps us to appreciate that how we
address these issues will shape the lives of the next generation of
children with disabilities."
--"The Law and Politics Book Review"
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
Congressa intentions. The courts have operated like a pendulum, at
timesswinging 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.
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