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This casebook focuses on the large issues of doctrine, theory, and
policy that disability rights law raises in employment, government
services, public accommodations, health care, housing, and
education. This book focuses less on identifying "the rules" of
disability rights law and more on exploring the big questions
through longer excerpts from a smaller number of cases. It includes
textual notes examining key theoretical and policy questions. New
edition includes updated discussion of the ADAAA and
deinstitutionalization litigation, expanded treatment of disability
rights in education, and extensive discussion of the disability
rights implications of COVID-19 throughout, among other topics.
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.
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