DESIGNING AN AMERICANS WITH ABILITIES ACT: CONSCIOUSNESS, CAPABILITIES, AND CIVIL RIGHTS

The Americans with Disabilities Act (ADA) is a seminal piece of legislation aimed at protecting those with disabilities from discrimination. The ADA, however, has not been consistently able to integrate people with disabilities successfully into society. With a specific focus on individuals with ser...

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Bibliographic Details
Published in:Boston College law review 2022-01, Vol.63 (5), p.1729-1796
Main Authors: Shapiro, Zachary E, Golden, Allison Rabkin, Antill, Gregory E, Fang, Katherine, Deb, Chaarushena, Clarke, Elizabeth, Kallen, Alexis, Qureshi, Hanya M, Shulman, Kai, Lawrence, Caroline V, Hoffman, Laura C, Wright, Megan S, Fins, Joseph J
Format: Article
Language:English
Subjects:
Americans with Disabilities Act 1990-US
Civil rights
Communication
Consciousness
Disability
Legislation
Medical imaging
Medical technology
Neuroimaging
People with disabilities
Technological change
Technology
Traumatic brain injury
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Summary:The Americans with Disabilities Act (ADA) is a seminal piece of legislation aimed at protecting those with disabilities from discrimination. The ADA, however, has not been consistently able to integrate people with disabilities successfully into society. With a specific focus on individuals with serious brain injuries, this Article aims to provide insight into the shortcomings of the ADA, specifically focusing on lackluster enforcement of the legislation and its failure to incorporate promising new technologies. These limitations of the ADA are made even more clear in light of the evolution occurring in the understanding of rights and capabilities. As such, the time has come for a new piece of legislation that fully incorporates the advanced technology available to individuals, while promoting a more positive understanding of advancing rights and capabilities. The proposed Americans with Abilities Act (AWAA) will correct the deficiencies in the ADA, ultimately allowing individuals with disabilities to integrate more fully into society.
ISSN:0161-6587
1930-661X