Designing an Americans with Abilities Act: Consciousness, Capabilities, and Civil Rights

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.