Document Type
Article
Publication Date
5-2022
Publication Title
Boston College Law Review
Keywords
Americans with Disabilities Act (ADA), brain injuries, technologies
Abstract
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.
Repository Citation
Hoffman, Laura C.; 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.; Wright, Megan S.; and Fins, Joseph J., "Designing an Americans with Abilities Act: Consciousness, Capabilities, and Civil Rights" (2022). Law Faculty Articles and Essays. 1303.
https://engagedscholarship.csuohio.edu/fac_articles/1303
Volume
63
Issue
5
Included in
Health Law and Policy Commons, Law and Society Commons, Science and Technology Law Commons
