A thought-provoking analysis of one of the United States' most controversial laws.
In this groundbreaking work, leading philosophers, legal theorists, bioethicists, and policy makers offer incisive looks into the philosophical and moral foundations of disability law and policy.
Acknowledgements INTRODUCTION Achieving the Right to Live in the WorldAmericans with Disabilities and the Civil Rights Tradition Leslie Francis and Anita Silvers PART A Foundations: Justice, Goodness, and Disability Rights Introduction Positively Disabled: The Relationship between the Definition of Disability and Rights under the ADA Patricia Illingworth and Wendy E. Parmet Disability, Discrimination and Priority Richard J. Arneson Justice for People with Disabilities: The Semiconsequentialist Approach Thomas Pogge The Good of Agency Lawrence C. Becker At Home with My Daughter Eva Feder Kittay The Need for a Standard of Care Alasdair MacIntyre PART B Definitions: Who is Disabled? Who is Protected? Introduction Does Disability Status Matter? Mark Kelman Biological Normality and the ADA Ronald Amundsun Impairment and Embodiment Mary Crossley The Supreme Court's Near-Sighted View of the ADA Arlene Mayerson and Matthew Diller The Unprotected: Constructing Disability in the Context of Anti-Discrimination Law Anita Silvers Stigma without Impairment: Demedicalizing Disability Discrimination David Wasserman PART C Practical Applications: Work, Health, Congress, and the Courts Introduction PART C-1 Work Disability and the Definition of Work Iris Marion Young Disability and the Right to Work Gregory Kavka Market Failure and the ADA Title I Michael Ashley Stein Studying Disability, Employment Policy and the ADA Peter David Blanck PART C-2 Health Health Care Resource Prioritization and Discrimination against Persons with Disabilities Dan W. Brock Utility, Equality and Health Care Needs of Persons with Disabilities: Interpreting the ADA's Requirement of Reasonable Accommodations David Orentlicher Illness and Disablement Joel Feinberg Mental Disabilities, Equal Opportunity and the ADA Norman Daniels PART C-3 Congress and the Courts Disputing the Doctrine of Benign Neglect: A Challenge to the Disparate Treatment of Americans with Disabilities Harlan Hahn Making Change: The ADA as an Instrument of Social Reform Richard K. Scotch Ten Years Later: The ADA and the Future of Disability Policy Andrew Batavia ADA Title III: A Fragile Compromise Ruth Colker Courts and Wrongful Birth: Can Disability Itself Be Viewed as a Legal Wrong? Lori B. Andrews and Michelle Hibbert Go to the Margins of the Class: Hate Crimes and Disability Lennard J Davis PART D Viewing US Law from Elsewhere: Canada, the United Kingdom, Australia Introduction The ADA v. the Canadian Charter of Rights: Disability Rights and the Social Model of Disability Jerome E. Bickenbach The UK Disability Discrimination Act: Disabling Language, Justifying Inequitable Social Participation A Bright New Era of Equality, Independence and Freedom: Casting an Australian Gaze on the ADA Melinda Jones and Lee Ann Basser Marks Appendix Contributors Index