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Showing posts with label law. Show all posts
Showing posts with label law. Show all posts

Wednesday, May 27, 2015

Enabling Acts: The Hidden Story of How the Americans with Disabilities Act Gave the Largest US Minority Its Rights




I had read about the demonstration on the subway stairs in Newyork prior to ADA in 'Million Years with you': A Memoir of Life Observed' by elizabeth Marshall (great author), in which her daughter contributed towards ADAPT (Americans Disabled for Accessible Public Transport). At Tovrea Castle, one of the floors was closed because it couldnt be made accessible. Thats when I realised the ADA provisions. So its history hooked me right from the cover.
As a foreign national, this book is a great way to learn how things come about in law in America. For example, the relay service adding to the phone surcharge bill, number of employees of a small business being changed to 50, so really small businesses dont go out of business trying to retrofit to ADA requirements.
I have lots of notes from the reading to refer to various acts example Decoder Circuitry Act.
The book's main premise is that its not just the activists with the demonstration that got about the ADA to happen, but the politicians and the staffers too had a great role. The book goes into great detail about people, their characteristics, background, their views towards disability, change of mind of those who were not ready for ADA, organizations that melded together for the final act.

Dissent and the Supreme Court: Its Role in the Court's History and the Nation's Constitutional Dialogue


I came across 'Brandeis Briefs' in 'Enabling Acts: The Hidden Story of How the Americans with Disabilities Act Gave the Largest US Minority Its Rights' by Lennard J. Davis. Before I found the time to refer to it, I opened 'Dissent and the Supreme Court: Its Role in the Court's History and the Nation's Constitutional Dialogue' by Melvin I. Urofsky who happens to have written a book on the very Louis D Brandeis who led to 'Brandeis Briefs' with his 'compilation of scientific information and social science than on legal citations'.
If you are into legal history, you will have a ball reading how the tug of war settled in many cases. The how could involve interesting Concurrences and or Dissent. Concurrence is when the end is same but the reasoning to get to the outcome is different. Dissent is being at odds with the outcome. The expectation of the Supreme Court is to be the final word on law but for democratic purposes and future thinking, dissents are encouraged.
The book goes into detail about many cases. I enjoyed not just the specifics of the cases but also the thought processes. How prevailing legal opinions change overtime, how nature got its legal rights, what charter means for property rights.