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Full-Text Articles in Law
The Mythic 43 Million Americans With Disabilities, Ruth Colker
The Mythic 43 Million Americans With Disabilities, Ruth Colker
William & Mary Law Review
Although Congress stated in its first statutory finding that it intended the Americans with DisabilitiesA ct (ADA) to protect at least 43 million Americans from disability discrimination, the Supreme Court has interpreted this statute so that it covers no more than 13.5 million Americans. More importantly, this Article demonstrates through the use of Census Bureau data that the ADA's employment discrimination provisions have been eviscerated to the point that the ADA protects virtually no Americans who are both disabled and able to work. This Article places that problem in the larger context of the Court undermining Congress's efforts to protect …
Beyond Disability Civil Rights, Michael Ashley Stein, Penelope J.S. Stein
Beyond Disability Civil Rights, Michael Ashley Stein, Penelope J.S. Stein
Faculty Publications
No abstract provided.
Disability And The Social Contract, Anita Silvers, Michael Ashley Stein
Disability And The Social Contract, Anita Silvers, Michael Ashley Stein
Faculty Publications
No abstract provided.
Disability Human Rights, Michael Ashley Stein
Disability Human Rights, Michael Ashley Stein
Faculty Publications
Responding to the absence of an international treaty expressly protecting people with disabilities, the United Nations General Assembly will soon adopt a disability-based human rights convention. This Article examines the theoretical implications of adding disability to the existing canon of human rights, both for individuals with disabilities and for other under-protected people. It develops a "disability human rights paradigm" by combining components of the social model of disability, the human right to development, and Martha Nussbaum's version of the capabilities approach, but filters them through a disability rights perspective to preserve that which provides for individual flourishing and modifying that …
A Quick Overview Of The United Nations Convention On The Rights Of Persons With Disabilities, Michael Ashley Stein
A Quick Overview Of The United Nations Convention On The Rights Of Persons With Disabilities, Michael Ashley Stein
Faculty Publications
No abstract provided.