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Law and the Contradictions of the Disability Rights Movement$
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Samuel R. Bagenstos

Print publication date: 2009

Print ISBN-13: 9780300124491

Published to Yale Scholarship Online: October 2013

DOI: 10.12987/yale/9780300124491.001.0001

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PRINTED FROM YALE SCHOLARSHIP ONLINE (www.yale.universitypressscholarship.com). (c) Copyright Yale University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in YSO for personal use.date: 21 January 2022

Defining Disability

Defining Disability

(p.34) 3 Defining Disability
Law and the Contradictions of the Disability Rights Movement

Samuel R. Bagenstos

Yale University Press

This chapter discusses the definition of disability under the Americans with Disabilities Act (ADA). The Supreme Court's definition-of-disability decisions have long been criticized by disability rights advocates as betraying the promises of the ADA. However, it is shown that these decisions shed as much light on the limitations of the ADA itself, and the arguments deployed in its favor during the statute's run to passage, as on the limitations of the Court's vision.

Keywords:   Americans with Disabilities Act, disability definition, Supreme Court

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