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Federalism And The Rights Of Persons With Disabilities
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Book Synopsis Federalism and the Rights of Persons with Disabilities by : Delia Ferri
Download or read book Federalism and the Rights of Persons with Disabilities written by Delia Ferri and published by Bloomsbury Publishing. This book was released on 2023-07-13 with total page 423 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book shines a light on the still unexplored relationships between federalism and disability rights. It investigates how the UN Convention on the Rights of Persons with Disabilities (CRPD) is implemented by different federal systems around the world. It analyses the effects that the obligations undertaken under the CRPD have on federal governance and on the constitutional division of powers within 14 federal systems, including those in Germany, Canada, Brazil, India, the UK and Italy. The book also considers the trends and patterns of disability rights governance in federal systems and looks at the future developments of comparative disability federalism.
Author :Queen's University (Kingston, Ont.). Institute of Intergovernmental Relations Publisher :IIGR, Queen's University ISBN 13 :0889118574 Total Pages :275 pages Book Rating :4.8/5 (891 download)
Book Synopsis Disability and Federalism by : Queen's University (Kingston, Ont.). Institute of Intergovernmental Relations
Download or read book Disability and Federalism written by Queen's University (Kingston, Ont.). Institute of Intergovernmental Relations and published by IIGR, Queen's University. This book was released on 2001 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: An in-depth look at the five federal regimes and their approaches to disability.
Book Synopsis Federalism and Health Policy by : Alan Weil
Download or read book Federalism and Health Policy written by Alan Weil and published by The Urban Insitute. This book was released on 2003 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: The balance between state and federal health care financing for low-income people has been a matter of considerable debate for the last 40 years. Some argue for a greater federal role, others for more devolution of responsibility to the states. Medicaid, the backbone of the system, has been plagued by an array of problems that have made it unpopular and difficult to use to extend health care coverage. In recent years, waivers have given the states the flexibility to change many features of their Medicaid programs; moreover, the states have considerable flexibility to in establishing State Children's Health Insurance Programs. This book examines the record on the changing health safety net. How well have states done in providing acute and long-term care services to low-income populations? How have they responded to financial incentives and federal regulatory requirements? How innovative have they been? Contributing authors include Donald J. Boyd, Randall R. Bovbjerg, Teresa A. Coughlin, Ian Hill, Michael Housman, Robert E. Hurley, Marilyn Moon, Mary Beth Pohl, Jane Tilly, and Stephen Zuckerman.
Book Synopsis Fragmented Democracy by : Jamila Michener
Download or read book Fragmented Democracy written by Jamila Michener and published by Cambridge University Press. This book was released on 2018-03-22 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Medicaid is the single largest public health insurer in the United States, covering upwards of 70 million Americans. Crucially, Medicaid is also an intergovernmental program that yokes poverty to federalism: the federal government determines its broad contours, while states have tremendous discretion over how Medicaid is designed and implemented. Where some locales are generous and open handed, others are tight-fisted and punitive. In Fragmented Democracy, Jamila Michener demonstrates the consequences of such disparities for democratic citizenship. Unpacking how federalism transforms Medicaid beneficiaries' interpretations of government and structures their participation in politics, the book examines American democracy from the vantage point(s) of those who are living in or near poverty, (disproportionately) Black or Latino, and reliant on a federated government for vital resources.
Book Synopsis American Government 3e by : Glen Krutz
Download or read book American Government 3e written by Glen Krutz and published by . This book was released on 2023-05-12 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Black & white print. American Government 3e aligns with the topics and objectives of many government courses. Faculty involved in the project have endeavored to make government workings, issues, debates, and impacts meaningful and memorable to students while maintaining the conceptual coverage and rigor inherent in the subject. With this objective in mind, the content of this textbook has been developed and arranged to provide a logical progression from the fundamental principles of institutional design at the founding, to avenues of political participation, to thorough coverage of the political structures that constitute American government. The book builds upon what students have already learned and emphasizes connections between topics as well as between theory and applications. The goal of each section is to enable students not just to recognize concepts, but to work with them in ways that will be useful in later courses, future careers, and as engaged citizens. In order to help students understand the ways that government, society, and individuals interconnect, the revision includes more examples and details regarding the lived experiences of diverse groups and communities within the United States. The authors and reviewers sought to strike a balance between confronting the negative and harmful elements of American government, history, and current events, while demonstrating progress in overcoming them. In doing so, the approach seeks to provide instructors with ample opportunities to open discussions, extend and update concepts, and drive deeper engagement.
Book Synopsis 2010 ADA Standards for Accessible Design by : Department Justice
Download or read book 2010 ADA Standards for Accessible Design written by Department Justice and published by Createspace Independent Publishing Platform. This book was released on 2014-10-09 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: (a) Design and construction. (1) Each facility or part of a facility constructed by, on behalf of, or for the use of a public entity shall be designed and constructed in such manner that the facility or part of the facility is readily accessible to and usable by individuals with disabilities, if the construction was commenced after January 26, 1992. (2) Exception for structural impracticability. (i) Full compliance with the requirements of this section is not required where a public entity can demonstrate that it is structurally impracticable to meet the requirements. Full compliance will be considered structurally impracticable only in those rare circumstances when the unique characteristics of terrain prevent the incorporation of accessibility features. (ii) If full compliance with this section would be structurally impracticable, compliance with this section is required to the extent that it is not structurally impracticable. In that case, any portion of the facility that can be made accessible shall be made accessible to the extent that it is not structurally impracticable. (iii) If providing accessibility in conformance with this section to individuals with certain disabilities (e.g., those who use wheelchairs) would be structurally impracticable, accessibility shall nonetheless be ensured to persons with other types of disabilities, (e.g., those who use crutches or who have sight, hearing, or mental impairments) in accordance with this section.
Download or read book Enabling Acts written by Lennard J. Davis and published by Beacon Press. This book was released on 2016-06-07 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first major behind-the-scenes account of the history, passage, and impact of the Americans with Disabilities Act (ADA)—the landmark moment for disability rights The Americans with Disabilities Act (ADA) is the widest-ranging and most comprehensive piece of civil rights legislation ever passed in the United States, and it has become the model for disability-based laws around the world. Yet the surprising story behind how the bill came to be is little known. In this riveting account, acclaimed disability scholar Lennard J. Davis delivers the first on-the-ground narrative of how a band of leftist Berkeley hippies managed to make an alliance with upper-crust, conservative Republicans to bring about a truly bipartisan bill. Based on extensive interviews with all the major players involved including legislators and activists, Davis recreates the dramatic tension of a story that is anything but a dry account of bills and speeches. Rather, it’s filled with one indefatigable character after another, culminating in explosive moments when the hidden army of the disability community stages scenes like the iconic “Capitol Crawl” or an event when students stormed Gallaudet University demanding a “Deaf President Now!” From inside the offices of newly formed disability groups to secret breakfast meetings surreptitiously held outside the White House grounds, here we meet countless unsung characters, including political heavyweights and disability advocates on the front lines. “You want to fight?” an angered Ted Kennedy would shout in an upstairs room at the Capitol while negotiating the final details of the ADA. Congressman Tony Coelho, whose parents once thought him to be possessed by the devil because of his epilepsy, later became the bill’s primary sponsor. There’s Justin Dart, adorned in disability power buttons and his signature cowboy hat, who took to the road canvassing 50 states, and people like Patrisha Wright, also known as “The General,” Arlene Myerson or “the brains,” “architect” Bob Funk, and visionary Mary Lou Breslin, who left the hippie highlands of the West to pursue equal rights in the marble halls of DC.
Book Synopsis Disability, Rights Monitoring, and Social Change by : Marcia H. Rioux
Download or read book Disability, Rights Monitoring, and Social Change written by Marcia H. Rioux and published by Canadian Scholars’ Press. This book was released on 2015 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 2006 United Nations Convention on the Rights of Persons with Disabilities has provided a significant catalyst and a legal mandate for disability rights monitoring, and discussions on disability rights are breaking new ground across disciplines. Disability, Rights Monitoring, and Social Change is an important and timely collection that explores and challenges the ways in which disability rights are monitored. The contributors to this edited volume range from grassroots activists to international scholars and United Nations advisors. The chapters address the current theoretical, methodological, and practical issues surrounding disability rights monitoring and offer a detailed look at law and policy reforms, best practices, and holistic methods. This unique compilation crosses the divide between the global South and North and explores the complex issues of intersectionality that arise for women with disabilities, Indigenous peoples with disabilities, and people with diverse disabilities. Its participatory methodology-calling for the inclusion of people with disabilities in processes that involve them-and its local and international perspective make this book a critical contribution to the fields of rights monitoring and disability studies. Appropriate for courses on disability, human rights, social justice, policy, and advocacy, this volume serves as a guide and learning tool for anyone interested in disability rights monitoring and, more generally, the effective practice of monitoring human rights.
Book Synopsis The Future of Disability in America by : Institute of Medicine
Download or read book The Future of Disability in America written by Institute of Medicine and published by National Academies Press. This book was released on 2007-10-24 with total page 619 pages. Available in PDF, EPUB and Kindle. Book excerpt: The future of disability in America will depend on how well the U.S. prepares for and manages the demographic, fiscal, and technological developments that will unfold during the next two to three decades. Building upon two prior studies from the Institute of Medicine (the 1991 Institute of Medicine's report Disability in America and the 1997 report Enabling America), The Future of Disability in America examines both progress and concerns about continuing barriers that limit the independence, productivity, and participation in community life of people with disabilities. This book offers a comprehensive look at a wide range of issues, including the prevalence of disability across the lifespan; disability trends the role of assistive technology; barriers posed by health care and other facilities with inaccessible buildings, equipment, and information formats; the needs of young people moving from pediatric to adult health care and of adults experiencing premature aging and secondary health problems; selected issues in health care financing (e.g., risk adjusting payments to health plans, coverage of assistive technology); and the organizing and financing of disability-related research. The Future of Disability in America is an assessment of both principles and scientific evidence for disability policies and services. This book's recommendations propose steps to eliminate barriers and strengthen the evidence base for future public and private actions to reduce the impact of disability on individuals, families, and society.
Book Synopsis Voices from the Edge by : Ruth O'Brien
Download or read book Voices from the Edge written by Ruth O'Brien and published by Oxford University Press. This book was released on 2004-01-15 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fear, rage, courage, discrimination. These are facts of everyday life for many Americans with disabilities. The Americans with Disabilities Act (ADA), has made working, traveling, and communicating easier for many individuals. But what recourse do individuals have when enforcement of the law is ambiguous or virtually nonexistent? And how will its changing definition affect individuals' lives-as well as their legal actions-in the future? What is life like in post-ADA America? Voices from the Edge seeks to challenge the mindset of those who would deny equal protection to the disabled, while providing informative analysis of the intent and application of the ADA for those who wish to learn more about disability rights. Giving voice to the many types of discrimination the disabled face--at a small Southern College, in the Library of Congress, on a New York City sidewalk--while illustrating the personal stakes underlying legal disputes over the ADA, this collection offers unparalleled insight into the lives behind the law. Contributors: Joan Aleshire on disability and the eye of the beholder. Achim Nowak on disclosing HIV. C.G.K. Atkins on being an academic liability. Stephen Kuusisto on hope without the tenure lifeboat. Leonard Kriegel on wheelchairs vs. NYC sidewalks. John Hockenberry on trying one's luck at public transit. Joan Tollifson on a license to drive disabled. Shawn Casey O'Brien on the blue beacon of accessibility. Jean Stewart on sign language in the ER. Ruth O'Brien on everything you wanted to know about the ADA.
Book Synopsis The Judicial Power of the United States by : John V. Orth
Download or read book The Judicial Power of the United States written by John V. Orth and published by Oxford University Press. This book was released on 1987-01-22 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although less than fifty words long, the meaning of the seemingly simple Eleventh Amendment has troubled the Supreme Court at crucial points in American history and continues to spur sharp debate in present-day courts. The first amendment adopted after the Bill of Rights, the Eleventh Amendment limits the exercise of U.S. judicial power when American states are sued. Its modern meaning was largely shaped around cases concerning the liability of Southern states to pay their debts during and after Reconstruction; by shielding states from liability, the Supreme Court's interpretation of the Eleventh Amendment eased the establishment of post-Reconstruction Southern society and left a maddeningly complicated law of federal jurisdiction. Here, Orth reconstructs the fascinating but obscure history of the Eleventh Amendment--the labyrinth of legal doctrine, the economic motives and consequences, the political context, and the legacy of the past--over the last two centuries. Using quotes from Wordsworth, Shaw, Mark Twain, Margaret Mitchell, and other writers to clarify and invigorate his narrative, Orth finally makes accessible an important but complex slice of constitutional history.
Book Synopsis The UN Convention on the Rights of Persons with Disabilities by : Ilias Bantekas
Download or read book The UN Convention on the Rights of Persons with Disabilities written by Ilias Bantekas and published by Oxford University Press. This book was released on 2018-10-25 with total page 1460 pages. Available in PDF, EPUB and Kindle. Book excerpt: This treatise is a detailed article-by-article examination of the United Nations Convention on the Rights of Persons with Disabilities (CRPD). Each article of the CRPD contains a methodical analysis of the preparatory works, followed by an exhaustive examination of the contents of each article based on case law and concluding observations from the CRPD Committee, judgments from national and international courts and tribunals, pertinent UN and other reports, the key literature on the article under review. The volume features commentary from a broad range of scholars across a variety of disciplines in order to provide a comprehensive study of the legal, psychological, education, sociological, and other aspects of the CPRD. This encyclopaedic commentary on the CRPD effectively covers all the issues arising from international disability law and practice, and will be an ideal resource for all working in the field.
Book Synopsis The Right to Inclusive Education in International Human Rights Law by : Gauthier de Beco
Download or read book The Right to Inclusive Education in International Human Rights Law written by Gauthier de Beco and published by Cambridge University Press. This book was released on 2019-05-02 with total page 733 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume studies the implications of the right to inclusive education in human rights law for disability law, policy and practice.
Book Synopsis Local Citizenship in a Global Age by : Kenneth A. Stahl
Download or read book Local Citizenship in a Global Age written by Kenneth A. Stahl and published by Cambridge University Press. This book was released on 2020-05-14 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents a distinctly local idea of citizenship that, with the advance of globalization, often conflicts with national citizenship.
Book Synopsis The Implosion of American Federalism by : Robert F. Nagel
Download or read book The Implosion of American Federalism written by Robert F. Nagel and published by Oxford University Press. This book was released on 2002-11 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: At a time of unprecedented national power, why do so many Americans believe that our nationhood is fragile and precarious? Why the talk--among politicians, academics, and jurists--of "coups d'etat," of culture wars, of confederation, of constitutional breakdown? In this wide-ranging book, Robert Nagel proposes a surprising znswer: that anxiety about national unity is caused by centralization itself. Moreover, he proposes that this anxiety has dangerous cultural consequences that are, in an implosive cycle, pushing the country toward ever greater centralization. Carefully examining recent landmark Supreme Court cases that protect states' rights, Nagel argues that the federal judiciary is not leading and is not likely to lead a revival of the complex system called federalism. A robust version of federalism requires appreciation for political conflict and respect for disagreement about constitutional meaning, both values that are deeply antithetical to the Court's function. That so many believe this most centralized of our Nation's institutions is protecting, even overprotecting, state power is itself a sign of the depletion of those understandings necessary to sustain the federal system. Instead of a support for federalism, Nagel finds a commitment to radical nationalism throughout the constitutional law establishment. He traces this commitment to traditionally American traits like perfectionism, optimism, individualism, and legalism. Under modern conditions of centralization, these attractive traits are leading to unattractive social consequences, including tolerance, fearfulness, utopianism, and deceptiveness. They are degrading our political discourse. All this encourages further centralization and further cultural deterioration. This book puts the major federalism decisions within the framework of the Court's overall record, including its record on individual rights in areas like abortion, homosexuality, and school desegregation. And, giving special attention to public debate over privacy and impeachment, it places modern constitutional law in the context of political discourse more generally.
Book Synopsis Redefining Federalism by : Douglas T. Kendall
Download or read book Redefining Federalism written by Douglas T. Kendall and published by Environmental Law Institute. This book was released on 2004 with total page 175 pages. Available in PDF, EPUB and Kindle. Book excerpt: If federalism is about protecting the states, why not listen to them? In the last decade, the Supreme Court has reworked significant areas of constitutional law with the professed purpose of protecting the dignity and authority of the states, while frequently disregarding the states'' views as to what federalism is all about. The Court, according to the states, is protecting federalism too much and too little. Too much, in striking down federal law where even the states recognize that a federal role is necessary to address a national problem. Too little, in inappropriately limiting state experimentation. By listening more carefully to the States, the Supreme Court could transform its federalism jurisprudence from a source of criticism and polarization to a doctrine that should win broad support from across the political spectrum. In this important book, six distinguished authors redefine federalism and reaffirm Justice Louis Brandeis's vision of states and localities as the laboratories of democracy.
Book Synopsis Federal Preemption of State and Local Law by : James T. O'Reilly
Download or read book Federal Preemption of State and Local Law written by James T. O'Reilly and published by American Bar Association. This book was released on 2006 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: Preemption is a doctrine of American constitutional law, under which states and local governments are deprived of their power to act in a given area, whether or not the state or local law, rule or action is in direct conflict with federal law. This book covers not only the basics of preemption but also focuses on such topics as federal mechanisms for agency preemption, implied forms of preemption, and defensive use of federal preemption in civil litigation.
