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Samuel R. Bagenstos

Disability Rights Law, Cases and Materials

Disability Rights Law, Cases and Materials

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This casebook explores the major doctrinal, theoretical, and policy issues raised by disability rights law in employment, government services, public accommodations, health care, housing, and education, including updated discussion of the ADAAA and deinstitutionalization litigation, expanded treatment of disability rights in education, and extensive discussion of the disability rights implications of COVID-19.

Format: Hardback
Length: 1097 pages
Publication date: 30 September 2021
Publisher: West Academic Publishing


This casebook delves into the profound doctrinal, theoretical, and policy issues that disability rights law encompasses in various domains, including employment, government services, public accommodations, healthcare, housing, and education. Rather than solely focusing on delineating the rules of disability rights law, it aims to engage readers in a deeper exploration of these critical topics through extended excerpts from a select number of cases. Additionally, the book includes textual notes that examine key theoretical and policy questions, contributing to a comprehensive understanding of the field. In its updated edition, this casebook offers a fresh perspective on the ADAAA and deinstitutionalization litigation, expands its coverage of disability rights in education, and provides extensive discussions of the disability rights implications of COVID-19. These updates reflect the evolving landscape of disability rights and ensure that the book remains relevant and timely for scholars, practitioners, and policymakers alike.


Introduction:
Disability rights law is a rapidly evolving field that has gained significant attention in recent years. It encompasses a wide range of legal protections and rights for individuals with disabilities, aiming to ensure that they are treated equally and fairly in various aspects of life, including employment, education, healthcare, and public accommodations. This casebook aims to provide a comprehensive and accessible introduction to the key issues and challenges that disability rights law raises in these domains.

Doctrine, Theory, and Policy Issues:
The first section of the casebook explores the doctrinal foundations of disability rights law. It examines the legal principles and doctrines that underpin the rights of individuals with disabilities, such as the Americans with Disabilities Act (ADA) and the Rehabilitation Act of 1973. The book also discusses the theoretical frameworks that guide disability rights law, including the social model of disability and the human rights approach.

The second section delves into the theoretical and policy issues that disability rights law raises. It examines the challenges faced by individuals with disabilities in various contexts, such as employment, education, healthcare, and public accommodations. The book explores the legal and ethical implications of discrimination and segregation against individuals with disabilities, as well as the need for proactive measures to promote inclusive and accessible environments.

The third section examines the policy implications of disability rights law. It explores the role of government agencies, private organizations, and individuals in implementing and enforcing disability rights laws. The book discusses the challenges and opportunities that arise in developing and implementing policies that promote disability inclusion and equity, as well as the role of advocacy and activism in advancing disability rights.

Case Selection and Analysis:
The casebook includes a selection of landmark cases that have shaped the development of disability rights law. Each case is carefully chosen to illustrate the key doctrinal, theoretical, and policy issues that arise in the respective domain. The cases are analyzed in depth, with an emphasis on the legal arguments, factual background, and judicial decisions that have shaped the outcome of the cases.

In addition to the case analysis, the book includes textual notes that examine key theoretical and policy questions raised by the cases. These notes provide a deeper understanding of the legal and social implications of disability rights law and offer insights into the broader debates and discussions surrounding disability rights.

Conclusion:
Disability rights law is a complex and multifaceted field that requires a comprehensive understanding of the doctrinal, theoretical, and policy issues that it encompasses. This casebook aims to provide readers with a solid foundation in these areas, enabling them to engage with the key challenges and opportunities that disability rights law presents. By exploring the big questions through extended excerpts from a select number of cases, the book encourages readers to think critically and develop a deeper understanding of the field.

In conclusion, this casebook is a valuable resource for scholars, practitioners, and policymakers interested in disability rights law. It offers a comprehensive and accessible introduction to the key issues and challenges that disability rights law raises in various domains, and provides a rich source of case analysis and textual notes that examine key theoretical and policy questions. By engaging with this book, readers will gain a deeper understanding of the legal and social implications of disability rights law and be better equipped to promote inclusive and accessible environments for individuals with disabilities.

Weight: 1980g
Dimension: 197 x 263 x 49 (mm)
ISBN-13: 9781684679300
Edition number: 3 Revised edition

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