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Beyond Lane: Who Is Protected By The Americans With Disabilities Act, Who Should Be?, Russell Powell
Beyond Lane: Who Is Protected By The Americans With Disabilities Act, Who Should Be?, Russell Powell
Faculty Articles
This article reviews the state of disability law under the Americans with Disabilities Act ("ADA"), with particular attention paid to Lane and other recent Supreme Court cases. In Lane, the Court affirmed that Congress validly exercised its power when it made states subject to suits under the ADA, at least with regard to limitations on access to courts. While the decision addresses Title II of the ADA (restrictions on state discrimination), it does have broader implications for the Act as a whole. Lane reflects a significant shift in the ethical paradigm used by the court to decide ADA cases and …