The Imperial Sovereign: Sovereign Immunity & the ADA

Professors Brown and Parmet examine the impact of the Supreme Court\u27s resurrection of state sovereign immunity on the rights of individuals protected by the Americans with Disabilities Act in light of the recent decision, Board of Trustees of the University of Alabama v. Garrett. Placing Garrett within the context of the Rehnquist Court\u27s evolving reallocation of state and federal authority, they argue that the Court has relied upon a mythic and dangerous notion of sovereignty that is foreign to the Framers\u27 understanding. Brown and Parmet go on to show that, by determining that federalism compels constraining congressional power to abrogate sovereign immunity, the Court limits the ability of individuals with disabilities to obtain federal recourse. They also contend that the Court\u27s restriction of fora for individuals with disabilities raises significant separation of powers problems

The employment experiences of graduates with disabilities in South Africa : challenges and resilience

A submitted thesis of Masters of Art in Social and Psychological Research, University of the Witwatersrand, Faculty of Humanities, School of Human and Community Development, 2017The career trajectory for persons with disabilities (PWDs) has largely been associated with decline and stagnation. Resilience and positive attributes have not been investigated related to graduates with disabilities (GWDs) successfully entering, adjusting to and further developing within the work environment. The aim of this study was to report on challenges, resilience and positive attributes amongst GWDs as a positive contributing factor to employment practices as well as policy. A participant sample of 6 employed GWDs (working age 26-45; 4 males and 2 females; 3 Black, 2 White and 1 Coloured) were individually interviewed. The participants’ disabilities consisted mainly of physical, hearing and visual impairments. The data was analysed using thematic and discourse analysis. Results show that despite the negative experiences encountered within the social and work environment, participants demonstrated resilience within their narratives and decision-making processes. A self-developed conceptual model of resilience and positive attributes was thus proposed to track this resilience. However, the resilience observed amongst participants did not fully reflect the existing definitions and theoretical frameworks around resilience. Critically re-examining these existing definitions and the theoretical framework showed new meanings can be derived with implications for policy and intervention. The fact that the majority of participants did not show awareness of or ownership of their resilience shows a missing key element – that they are not only making use of it, but they also do not even appear to realise its importance.MT201

The Imperial Sovereign: Sovereign Immunity & the ADA

Professors Brown and Parmet examine the impact of the Supreme Court\u27s resurrection of state sovereign immunity on the rights of individuals protected by the Americans with Disabilities Act in light of the recent decision, Board of Trustees of the University of Alabama v. Garrett. Placing Garrett within the context of the Rehnquist Court\u27s evolving reallocation of state and federal authority, they argue that the Court has relied upon a mythic and dangerous notion of sovereignty that is foreign to the Framers\u27 understanding. Brown and Parmet go on to show that, by determining that federalism compels constraining congressional power to abrogate sovereign immunity, the Court limits the ability of individuals with disabilities to obtain federal recourse. They also contend that the Court\u27s restriction of fora for individuals with disabilities raises significant separation of powers problems

The Mythogenesis of Gender: Judicial Images of Women in Paid and Unpaid Work

[No abstract