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Elgar Advanced Introductions are stimulating and thoughtful
introductions to major fields in the social sciences, business and
law, expertly written by the world’s leading scholars. Designed
to be accessible yet rigorous, they offer concise and lucid surveys
of the substantive and policy issues associated with discrete
subject areas. Advanced Introduction to U.S. Disability Law
provides a timely and accessible overview of disability law in the
United States, focusing primarily on the Americans with
Disabilities Act of 1990 (the ‘ADA’). Peter Blanck addresses
the social and legislative history leading up to the development of
the ADA; coverage and remedies under the ADA’s three main titles;
some of the fundamental and recent cases informing the ADA’s
interpretation; and current issues facing U.S. courts, law makers,
and policy makers. Key Features: Provides an overview of Titles
I-III of the ADA Discusses the enforcement of, and relief provided
by, the ADA Analyses the impact of the Covid-19 pandemic on people
with disabilities and on the ADA’s enforcement Highlights
concerns as well as positive legal and social developments for
people with disabilities Focuses on extensive changes in technology
and the employment market since the enactment of the ADA This
Advanced Introduction will be essential reading for students and
scholars of disability law, discrimination law, health law, human
rights, and law and society. It will also be beneficial for
advocates for disability rights in public and private institutions,
as well as researchers addressing disability issues.
Elgar Advanced Introductions are stimulating and thoughtful
introductions to major fields in the social sciences, business and
law, expertly written by the world’s leading scholars. Designed
to be accessible yet rigorous, they offer concise and lucid surveys
of the substantive and policy issues associated with discrete
subject areas. Advanced Introduction to U.S. Disability Law
provides a timely and accessible overview of disability law in the
United States, focusing primarily on the Americans with
Disabilities Act of 1990 (the ‘ADA’). Peter Blanck addresses
the social and legislative history leading up to the development of
the ADA; coverage and remedies under the ADA’s three main titles;
some of the fundamental and recent cases informing the ADA’s
interpretation; and current issues facing U.S. courts, law makers,
and policy makers. Key Features: Provides an overview of Titles
I-III of the ADA Discusses the enforcement of, and relief provided
by, the ADA Analyses the impact of the Covid-19 pandemic on people
with disabilities and on the ADA’s enforcement Highlights
concerns as well as positive legal and social developments for
people with disabilities Focuses on extensive changes in technology
and the employment market since the enactment of the ADA This
Advanced Introduction will be essential reading for students and
scholars of disability law, discrimination law, health law, human
rights, and law and society. It will also be beneficial for
advocates for disability rights in public and private institutions,
as well as researchers addressing disability issues.
As genetic technologies advance, genetic testing may well offer the
prospect of detecting the onset of future disabilities. Some
research also forwards that certain behavioural profiles may have a
strong genetic basis, such as the determination to succeed, or the
propensity for risk-taking. As this technology becomes more
prevalent, there is a danger that genetic information may be
misused by third parties and that particular genetic profiles may
be discriminated against by employers, by providers of social goods
and services, such as insurance companies and even by educational
facilities. This book explores the different forms and potential
uses of genetic testing. Drawing together leading experts in
disability law, bioethics, health law and a range of related
fields, it highlights the ethical and legal challenges arising as a
result of emerging and rapidly advancing genetic science. On
examining transatlantic perspectives on the matter, chapters in the
book ask whether the US Genetic Information Nondiscrimination Act
(GINA) is proving to be an effective tool in addressing the issue
of genetic discrimination and alleviating fears of discrimination.
The book also reviews what insights may be gained from GINA within
employment and health insurance contexts, and asks how the UN
Convention on the Rights of Persons with Disabilities (CRPD) may
impact similar debates within the European Union. The book focuses
particularly on the legislative and policy framework in the
European Union, with an emphasis on the gaps in protection and the
scope for specific legislative action in this area. This book will
be of great interest to scholars and students of discrimination
law, bioethics and disability law, and will be of considerable use
to legal practitioners, medical practitioners and policy-makers in
this area.
As genetic technologies advance, genetic testing may well offer the
prospect of detecting the onset of future disabilities. Some
research also forwards that certain behavioural profiles may have a
strong genetic basis, such as the determination to succeed, or the
propensity for risk-taking. As this technology becomes more
prevalent, there is a danger that genetic information may be
misused by third parties and that particular genetic profiles may
be discriminated against by employers, by providers of social goods
and services, such as insurance companies and even by educational
facilities. This book explores the different forms and potential
uses of genetic testing. Drawing together leading experts in
disability law, bioethics, health law and a range of related
fields, it highlights the ethical and legal challenges arising as a
result of emerging and rapidly advancing genetic science. On
examining transatlantic perspectives on the matter, chapters in the
book ask whether the US Genetic Information Nondiscrimination Act
(GINA) is proving to be an effective tool in addressing the issue
of genetic discrimination and alleviating fears of discrimination.
The book also reviews what insights may be gained from GINA within
employment and health insurance contexts, and asks how the UN
Convention on the Rights of Persons with Disabilities (CRPD) may
impact similar debates within the European Union. The book focuses
particularly on the legislative and policy framework in the
European Union, with an emphasis on the gaps in protection and the
scope for specific legislative action in this area. This book will
be of great interest to scholars and students of discrimination
law, bioethics and disability law, and will be of considerable use
to legal practitioners, medical practitioners and policy-makers in
this area.
This handbook provides a comprehensive and authoritative
state-of-the-art review of the current and emerging research and
policy on disability law. Bringing together a team of respected and
experienced experts, the handbook offers a range of jurisdictional
and multidisciplinary perspectives. The authors consider historical
and contemporary, as well as comparative perspectives of disability
law. Divided into three parts, the contributors provide a
comprehensive reference to the theoretical underpinnings, ongoing
debates and emerging fields within the subject. The study provides
a strong basis for consideration of contemporary disability law,
its research foundations, and progressive developments in the area.
The book incorporates interdisciplinary and comparative country
perspectives to capture the breadth of current discourse on
disability law. This handbook provides a valuable resource for a
wide range of scholars, public and private researchers, NGOs, and
practitioners working in the area of disability law, and across
national and transnational disability schemes. The work will be of
important interest to those in the fields of sociology, history,
psychology, economics, political science, rehabilitation sciences,
medicine, technology, and law, among others.
The United Nations Convention on the Rights of Persons with
Disabilities (CRPD) recognized that people with disabilities should
have the right to exercise their legal capacity and identified
'supported decision-making' as a means by which people with
disabilities can be directly involved in decisions that impact
their lives. Offering an overview of its emergence in the
disability field and highlighting emerging research, theory, and
practice from legal, psychology, education, and health fields, this
volume provides a much-needed theoretical and evidence base for
supported decision-making. Evidence and strengths-based frameworks
for understanding disability, supports, and their roles in
promoting supported decision-making are synthesized. The authors
describe the application of a social-ecological approach to
supported decision-making, and focus on implications for building
systems of supports based on current environmental demands. This
volume introduces and explains empirical research on critical
elements of supported decision-making and the applications of
supported decision-making that enhance outcomes, including
self-determination and quality of life.
This handbook provides a comprehensive and authoritative
state-of-the-art review of the current and emerging research and
policy on disability law. Bringing together a team of respected and
experienced experts, the handbook offers a range of jurisdictional
and multidisciplinary perspectives. The authors consider historical
and contemporary, as well as comparative perspectives of disability
law. Divided into three parts, the contributors provide a
comprehensive reference to the theoretical underpinnings, ongoing
debates and emerging fields within the subject. The study provides
a strong basis for consideration of contemporary disability law,
its research foundations, and progressive developments in the area.
The book incorporates interdisciplinary and comparative country
perspectives to capture the breadth of current discourse on
disability law. This handbook provides a valuable resource for a
wide range of scholars, public and private researchers, NGOs, and
practitioners working in the area of disability law, and across
national and transnational disability schemes. The work will be of
important interest to those in the fields of sociology, history,
psychology, economics, political science, rehabilitation sciences,
medicine, technology, and law, among others.
To what extent are people with disabilities fully included in
economic, political, and social life? People with disabilities have
faced a long history of exclusion, stigma, and discrimination, but
have made impressive gains in the past several decades. These gains
include the passage of major civil rights legislation and the
adoption of the 2006 UN Convention on the Rights of Persons with
Disabilities. This book provides an overview of the progress and
continuing disparities faced by people with disabilities around the
world, reviewing hundreds of studies and presenting new evidence
from analysis of surveys and interviews with disability leaders. It
shows the connections among economic, political, and social
inclusion, and how the experience of disability can vary by gender,
race, and ethnicity. It uses a multidisciplinary approach, drawing
on theoretical models and research in economics, political science,
psychology, disability studies, law, and sociology.
The psychological aftereffects of war are not just a modern-day
plight. Following the Civil War, numerous soldiers returned with
damaged bodies or damaged minds. Drawing on archival materials
including digitized records for more than 70,000 white and
African-American Union army recruits, newspaper reports, and census
returns, Larry M. Logue and Peter Blanck uncover the diversity and
severity of Civil War veterans' psychological distress. Their
findings concerning the recognition of veterans' post-traumatic
stress disorders, treatment programs, and suicide rates will inform
current studies on how to effectively cope with this enduring
disability in former soldiers. This compelling book brings to light
the continued sacrifices of men who went to war.
Using data from more than 40,000 soldiers of the Union army, this
book focuses on the experience of African Americans and immigrants
with disabilities, investigating their decision to seek government
assistance and their resulting treatment. Pension administrators
treated these ex-soldiers differently from native-born whites, but
the discrimination was far from seamless - biased evaluations of
worthiness intensified in response to administrators' workload and
nativists' late-nineteenth-century campaigns. This book finds a
remarkable interplay of social concepts, historical context,
bureaucratic expediency, and individual initiative. Examining how
African Americans and immigrants weighed their circumstances in
deciding when to request a pension, whether to employ a pension
attorney, or if they should seek institutionalization, it contends
that these veterans quietly asserted their right to benefits.
Shedding new light on the long history of challenges faced by
veterans with disabilities, the book underscores the persistence of
these challenges in spite of the recent revolution in disability
rights.
Using data from more than 40,000 soldiers of the Union army, this
book focuses on the experience of African Americans and immigrants
with disabilities, investigating their decision to seek government
assistance and their resulting treatment. Pension administrators
treated these ex-soldiers differently from native-born whites, but
the discrimination was far from seamless - biased evaluations of
worthiness intensified in response to administrators' workload and
nativists' late-nineteenth-century campaigns. This book finds a
remarkable interplay of social concepts, historical context,
bureaucratic expediency, and individual initiative. Examining how
African Americans and immigrants weighed their circumstances in
deciding when to request a pension, whether to employ a pension
attorney, or if they should seek institutionalization, it contends
that these veterans quietly asserted their right to benefits.
Shedding new light on the long history of challenges faced by
veterans with disabilities, the book underscores the persistence of
these challenges in spite of the recent revolution in disability
rights.
To what extent are people with disabilities fully included in
economic, political and social life? People with disabilities have
faced a long history of exclusion, stigma and discrimination, but
have made impressive gains in the past several decades. These gains
include the passage of major civil rights legislation and the
adoption of the 2006 UN Convention on the Rights of Persons with
Disabilities. This book provides an overview of the progress and
continuing disparities faced by people with disabilities around the
world, reviewing hundreds of studies and presenting new evidence
from analysis of surveys and interviews with disability leaders. It
shows the connections among economic, political and social
inclusion, and how the experience of disability can vary by gender,
race and ethnicity. It uses a multidisciplinary approach, drawing
on theoretical models and research in economics, political science,
psychology, disability studies, law and sociology.
Never before have the civil rights of people with disabilities
aligned so well with developments in information and communication
technology. The center of the technology revolution is the
Internet, which fosters unprecedented opportunities for engagement
in democratic society. The Americans with Disabilities Act likewise
is helping to ensure equal participation in society by people with
disabilities. Globally, the Convention on the Rights of Persons
with Disabilities further affirms that persons with disabilities
are entitled to the full and equal enjoyment of fundamental
personal freedoms. This book is about the lived struggle for
disability rights, with a focus on Web equality for people with
cognitive disabilities, such as intellectual disabilities, autism,
and print-related disabilities. The principles derived from the
right to the Web - freedom of speech and individual dignity - are
bound to lead toward full and meaningful involvement in society for
persons with cognitive and other disabilities.
The psychological aftereffects of war are not just a modern-day
plight. Following the Civil War, numerous soldiers returned with
damaged bodies or damaged minds. Drawing on archival materials
including digitized records for more than 70,000 white and
African-American Union army recruits, newspaper reports, and census
returns, Larry M. Logue and Peter Blanck uncover the diversity and
severity of Civil War veterans' psychological distress. Their
findings concerning the recognition of veterans' post-traumatic
stress disorders, treatment programs, and suicide rates will inform
current studies on how to effectively cope with this enduring
disability in former soldiers. This compelling book brings to light
the continued sacrifices of men who went to war.
Never before have the civil rights of people with disabilities
aligned so well with developments in information and communication
technology. The center of the technology revolution is the
Internet, which fosters unprecedented opportunities for engagement
in democratic society. The Americans with Disabilities Act likewise
is helping to ensure equal participation in society by people with
disabilities. Globally, the Convention on the Rights of Persons
with Disabilities further affirms that persons with disabilities
are entitled to the full and equal enjoyment of fundamental
personal freedoms. This book is about the lived struggle for
disability rights, with a focus on Web equality for people with
cognitive disabilities, such as intellectual disabilities, autism,
and print-related disabilities. The principles derived from the
right to the Web - freedom of speech and individual dignity - are
bound to lead toward full and meaningful involvement in society for
persons with cognitive and other disabilities.
There is great diversity of definitions, causes and consequences of
discrimination against persons with disabilities, yet there are
fundamental themes uniting countries in their pursuit of human
rights policies to improve the social and economic status of those
with disabilities. In this volume are twenty-five important
articles examining historical, contemporary and comparative issues
crucial to the advancement of disability rights. The volume
foreshadows the future of disability rights as a medium for
ensuring that those living with disabilities participate as equal
citizens of the world.
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