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Just Semantics: The Lost Readings Of The Ada, Jill C. Anderson

Jill C. Anderson

Just Semantics: The Lost Readings of the ADA

Jill C. Anderson

INTRODUCTION

I. THE NARROWED DISABILITY DEFINITION

II. DE DICTO-DE RE AMBIGUITY

III. HOW THE COURTS MISS AMBIGUITY

IV. RESOLVING AMBIGUITY

V. APPLICATIONS IN CASE LAW

VI. IMPLICATIONS FOR REFORM

CONCLUSION

Abstract

Disability rights advocates and commentators agree that the ADA has veered far off course from its mandate of protecting people with disabilities---actual or perceived---from discrimination. They likewise agree that the fault lies in the language of the statute itself and in the courts’ “literalist” reading of its definition of disability. As a result, many disability rights advocates have …