Socio-Legal Backlash

77 Pages Posted: 10 Feb 2000

See all articles by Linda Hamilton Krieger

Linda Hamilton Krieger

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

Date Written: January 2000


Over the past three years, an increasing number of disability rights activists, practitioners, and scholarly commentators have claimed that a powerful judicial and media backlash against the Americans with Disabilities Act is underway. Even before issuance of three Supreme Court decisions in the Summer of 1999 narrowly construing the Act's coverage, there existed ample evidence supporting the backlash hypothesis.

In two papers, a Foreword and an Afterword, Professor Krieger frames an interdisciplinary symposium on public, judicial, and media responses to the Americans with Disabilities Act soon to appear in the Berkeley Journal of Employment and Labor Law. In the first article, Backlash Against the Americans with Disabilities Act: Interdisciplinary Perspectives and Implications for Social Justice Strategies, Professor Krieger situates the intellectual project undertaken by the Symposium and introduces the fourteen articles and three responsive commentaries that comprise it. In the second paper, Socio-Legal Backlash, Professor Krieger posits a theoretical model of socio-legal change and retrenchment, situates the concept of backlash within that model, and applies the model to investigate and explain patterns of public, judicial and media reactions to the ADA.

JEL Classification: K42

Suggested Citation

Krieger, Linda Hamilton, Socio-Legal Backlash (January 2000). Available at SSRN: or

Linda Hamilton Krieger (Contact Author)

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

2515 Dole Street
Honolulu, HI 96822-2350
United States
1.808.956.6994 (Phone)

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