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Discrimination

Disability Law

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Restoring The Ada And Beyond: Disability In The 21st Century, Robert L. Burgdorf Jan 2008

Restoring The Ada And Beyond: Disability In The 21st Century, Robert L. Burgdorf

Journal Articles

Perhaps it was imprudent for me to agree, in response to the request of the symposium organizers, to address the future of disability law. Nobel Prize-winning physicist Neils Bohr supposedly once said that "[p]rediction is very difficult, especially about the future."' Columnist and author Jim Bishop wrote, "The future is an opaque mirror. Anyone who tries to look into it sees nothing but the dim outlines of an old and worried face." 2 Prognosticating is a very tricky and uncertain undertaking. I cannot pretend to have any particular gift for crystal ball gazing in disability matters. When I joined the …


The Americans With Disabilities Act: Analysis And Implications Of A Second-Generation Civil Rights Statute, Robert L. Burgdorf Jr. Jan 1991

The Americans With Disabilities Act: Analysis And Implications Of A Second-Generation Civil Rights Statute, Robert L. Burgdorf Jr.

Journal Articles

Martin Luther King, Jr. once wrote that our nation's civil rights laws were a "sparse and insufficient collection of statutes ... barely a naked framework."' On their faces, many federal civil rights statutes constitute little more than broad directives that "Thou shalt not discriminate." Broadly worded statements outlawing discrimination were the optimal approach to statutory draftsmanship in light of the controversial nature of the civil rights laws passed in the 1960s and 1970s. The drafters of these statutes needed to craft language that would be palatable to a majority of the members of Congress while still having a meaningful impact …