Disabling the Ada: Essences, Better Angels, and Unprincipled Neutrality Claims

57 Pages Posted: 4 Feb 2010

See all articles by Aviam Soifer

Aviam Soifer

University of Hawaii at Manoa - William S. Richardson School of Law

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Date Written: February 1, 2003

Abstract

The term "accommodate" originally meant "suited," "adapted," or "fitting" and, in 1769, one Sir J. Reynolds wrote: "The regular progress of cultivated life is from necessaries to accommodations, from accommodations to ornaments."24' In contrast to the Court's recent practice, I will not claim that a dictionary definition should be the basis for deciding vital public issues. But nondiscrimination and the new accommodations specifically recognized and guaranteed by the ADA constitute precisely the kinds of changes that are "fitting" and "suitable." They remain necessaries that can and should be worked out step-by-step over time.

Suggested Citation

Soifer, Aviam, Disabling the Ada: Essences, Better Angels, and Unprincipled Neutrality Claims (February 1, 2003). William & Mary Law Review, Vol. 44, No. 3, 2003. Available at SSRN: https://ssrn.com/abstract=1547329

Aviam Soifer (Contact Author)

University of Hawaii at Manoa - William S. Richardson School of Law ( email )

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Honolulu, HI 96822-2350
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