Disability Pendulum

View theTable of Contents. Read theIntroduction."The Disability Pendulumchronicles societal views and court reactions to the evolving ADA. Ruth Colker shows that public acceptance and inclusion of persons with disabilities into society is as much driven by attitudes about disability as by law and policy themselves. Colker offers an enriched and fresh analysis of the forces affecting the civil rights movement of persons with disabilities in American society."-Peter Blank, Charles M. and Marion Kierscht Professor of Law and Director, Law, Health Policy & Disability Center, University of Iowa College of LawôRuth Colker shows that public acceptance and inclusion of persons with disabilities into society is as much driven by attitudes about disability as by law and policy themselves. She offers an enriched and fresh analysis of the forces affecting the civil rights movement of persons with disabilities in American society.ö-Peter Blank, University of Iowa College of Law"The Disability Pendulumhelps us to appreciate that how we address these issues will shape the lives of the next generation of children with disabilities."-The Law and Politics Book Review"(A) comprehensive, factually-supported, and carefully reasoned book in a manner worthy of academic interest. At the same time, she writes in a plain style free of academic jargo and returns consistently to the human-interes arena of practical ramifications."-New York Law JournalSigned into law in July 1990, the Americans with Disabilities Act (ADA) became effective two years later, and court decisions about the law began to multiply in the middle of the decade. InThe 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 Disability Pendulumargues 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 CongressÆ 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, whose work on the ADA has been cited by the Supreme Court, 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.

Ruth Colker is the Heck-Faust Memorial Chair in Constitutional Law at the Michael E. Moritz College of Law, Ohio State University.