Product Description

In "The Disability Pendulum", Ruth Colker presents the first legislative history of the enactment of the ADA in Congress and analyzes the first decade of judicial decisions under the act. She assesses the success and failure of the first ten years of litigation under the ADA, focusing on its three major titles: employment, public entities, and public accommodations. The book argues that despite an initial atmosphere of bipartisan support with the expectation that the ADA would make a significant difference in the lives of individuals with disabilities, judicial decisions have not been consistent with Congress' intentions. The courts have operated like a pendulum, at times swinging to a pro-disabled plaintiff and then back again to a pro-defendant stance. Colker offers insightful and practical suggestions on where to amend the act to make it more effective in defending disability rights, and also explains judicial hostility toward enforcing the act.

Product Details

• Amazon Sales Rank: #1374990 in Books
• Published on: 2007-03
• Original language: English
• Binding: Paperback
• 245 pages

Review
"Colker's book provides a comprehensive review of the ADA's history and a thorough analysis of how effective it has been in vindicating the rights of the disabled. She does not paint a pretty picture, but it is an accurate, empirically based assessment." - Trial "A comprehensive, factually-supported, and carefully reasoned book in a manner worthy of academic interest. At the same time, [Colker] writes in a plain style free of academic jargon and returns consistently to the human-interest arena of practical ramifications." - New York Law Journal"

About the Author
Ruth Colker is the Heck-Faust Memorial Chair in Constitutional Law at the Michael E. Moritz College of Law, Ohio State University. She is the author of Hybrid and American Law in the Age of Hypercapitalism, (both from NYU Press).