The Americans With Disabilities Act and Reasonable Accommodation: The View From Persons With HIV/AIDS

This study examines the application of reasonable accommodation to situations involving employees with the Human Immunodeficiency Virus or Acquired Immunodeficiency Syndrome. Two questions are posed. What types of accommodations are needed? How readily available is the reasonable accommodation component of the Americans With Disabilities Act? These questions are addressed through qualitative analysis. Three lessons are drawn from the findings.     

Local Government Implementation of the Americans With Disabilities Act: Factors Affecting Statutory Compliance

One of the questions raised after the signing of the 1990 Americans With Disabilities Act is how local governments would implement the statute. This qualitative study examines 20 cities in two states, categorizing implementation efforts and identifying factors that affect local government compliance with the law.     

Challenges and Dilemmas in Implementing the Americans With Disabilities Act: Lessons From the First Decade

The Americans With Disabilities Act (ADA) of 1990 represents a strong national commitment to protecting the full rights and opportunities of persons with disabilities. This article traces evidence of the impact of the ADA's implementation and compliance during its first decade.     

Transit Access for Americans: A Proposal for the Next Stage of Implementing the Americans With Disabilities Act of 1990

Formany Americans with disabilities, transit is the only path to real opportunities. An open society for them depends upon increased transit services for all Americans. Many transit professionals, however, daunted by transit needs and worn down by their critics, wallow in cost issues, ignoring transit's real value to their communities. The key to improvement is to measure transit benefits that are intuitively obvious to most taxpayers. Empirically, accessible transit proves to be the most valuable transit to passengers and to other taxpayers as well.     

Unintended Consequences in Public Policy: Persons with Psychiatric Disabilities and the Americans with Disabilities Act

This essay explores the occurrence of unintended consequences of public policy, particularly those embodied in the Americans with Disabilities Act (ADA) towards people diagnosed with mental illness. Rights to equal opportunity under the ADA are not inalienable. Two key provisions of the ADA allow employers to abridge those rights. While these provisions sound reasonable on the surface, this paper points out how they disproportionately affect people with psychiatric disabilities. The first provision is the direct threat exclusion, which exempts employers from the requirement to provide reasonable accommodation to a person with disabilities if that person poses a significant risk to the safety of others. Employers can exclude or fire qualified applicants or employees who potentially may pose a direct threat to the health or safety of other individuals in the workplace. The second provision is that employers must only accommodate the known disabilities of an employee or applicant. While these provisions address legitimate concerns, they may be abused and they may distract employers and policymakers from other underlying problems.     

The Americans With Disabilities Act as Engine of Social Change: Models of Disability and the Potential of a Civil Rights Approach

The Americans With Disabilities Act, based on the civil rights/minority group and independent living models of disability, may enhance access to health care, personal assistance, employment, the electoral process, and smoke-free environments for people with disabilities. However, this essential law cannot resolve these key issues. Supplemental theoretical and policy approaches will be necessary to promote fundamental change.     

清朝统治集团的最后十年

从1901年《辛丑条约》签订到1911年辛亥革命爆发是清朝统治的最后十年。这十年中,民族危机和社会危机日益加深,清朝统治集团为了维护其根本利益,采取了废科举、兴学堂、发展交通、改进司法制度等改革措施;还宣布预备立宪,各省相继设立了谘议局;1908年又颁布《钦定宪法大纲》。然而,清政府打着开办新政的旗号,增捐加税,横征暴敛,对民众进行无休止的掠夺,将专注于工商业的国内立宪派也推到了自己的对立面。辛亥革命前夕,清朝统治集团对外一味屈从,其政治腐败已到无可救药的地步,最终为民众所共弃,它的覆灭是必然的,谁也挽救不了。那种一厢情愿地认为,如果让清朝政府继续存在下去,稳步地有秩序地进行改革,中国的现代化将会来得更快些的说法,终究是“纸上文章”,“不当不实”。     

The First Nations Land Management Act: Twenty Years of Reconciliation

ABSTRACT

Since 1999, The First Nations Land Management Act (FNLMA) has offered First Nations the opportunity to opt out of the clauses of the Indian Act that deal with land management. To date, 78 First Nations have gone through the process of writing and ratifying their own land codes to manage their own land transactions on reserve. This article assesses the FNLMA as a potential mechanism of reconciliation, noting both the ways in which the Act marks a significant symbolic and tangible shift in First Nations governance and the ways in which it entrenches existing, and fundamentally neo-colonial, structures of power.     

The Archbishop of Canterbury,the Episcopal Bench,and the Passage of the 1911 Parliament Act

The passage of the 1911 Parliament Bill ended the power of the British house of lords to veto any legislation passed by the house of commons. Henceforth, it could only delay the passage of a measure. The bill was carried by a mere 17 votes and friction between Unionists who took up die‐hard opposition, advised abstention, or actively sought to aid passage was bitter. The role which the archbishop of Canterbury played in canvassing the episcopal bench and helping to ensure final passage of the bill has not attracted much attention. Prior to the debate, the archbishop advised abstention but did not dissuade others from encouraging bishops to support the bill to help ensure passage. Before the vote, therefore, ‘die‐hards’ opposing any concession to the government, ‘hedgers’ advising Unionist abstention in the vote, and ‘rats’, Unionists willing to vote for the bill to ensure passage despite personal reservations, attempted to sound out and pressure the bishops in their direction. At the debate, the archbishop changed his mind and decided he must support the bill in order to avoid a greater crisis, and 12 other bishops joined him in the government lobby, helping to create the final majority of 17 by which the measure passed. Consideration of the role of the bishops adds to the understanding of the mechanics by which the bill passed, amidst considerable intrigue, pressure and acrimony, as well as further illuminating the extent and intensity of the divisions within the Unionist party at this critical moment.     

Lessons Learned Along the Way: The Florida Public Archaeology Network after Ten Years

Created by the Florida Legislature in 2004, the Florida Public Archaeology Network (FPAN) has grown into a positive force for preservation, public engagement, and community collaboration in archaeology. This article discusses the genesis of FPAN and how the organization has changed in scope, evolved in mission, and addressed challenges, ideally providing ideas and direction for similar programmes in other locations.     

全球重要农业文化遗产在中国十年大事记

<正>2005年2005年6月9—11日"全球重要农业文化遗产保护项目‘稻鱼共生系统’启动研讨会"在浙江杭州和青田召开,同时举行了"全球重要农业文化遗产——浙江青田稻鱼共生系统"授牌仪式,FAO驻华代表Mona先生、朱秀岩总经济师、茅临生副省长、李文华院士、关君蔚院士等出席。2006年2006年6月10日中国科学院地理科学与资源研究所成立"自然与文化遗产研究中心",李文华院士任中心主任。     

革命的形成:清季十年的转折(上)

清季十年间,朝廷正以前所未有的速度和广度推行全面改革,并无太多特别明显的暴戾苛政和"失道"作为,却爆发了革命,且能较为轻易地速成。对于从帝制到共和的"五千年之大变",应有更深层的梳理、分析和诠释。帝国主义的全面入侵,造成中国权势结构前所未有的巨变。中外竞争的新局面使朝野面临着政治方向、政治结构和政治伦理的根本变革。一个推行了数千年的小政府政治模式,被迫走向必须展现政府作为的"富强"新路;而制度的困境,则使新政带有自毁的意味。更因政治伦理的转换远不如条文制度那样可以速成,政治体制的转型便遇到进一步难以逆转的困境,终不得不让位于被认为更迅捷更有效的革命。     

Private Conflict and Policy Passage: Interest-Group Conflict and State Medical Malpractice Reform

James Madison argued in Federalist 10 that "rival political factions" work against the public good. In contrast to Madison's pessimistic account, I suggest that factional conflict can lead to more representative public policy, and thus further the will of the people. I theorize that elected officials often seek a safe political position—one that corresponds to the preferences of the public at large—during periods of high conflict. I assess this theory in one, salient policy area, medical malpractice. I measure conflict with contributions for state candidates given by (i) the health and insurance industries, which generally support malpractice laws, and (ii) lawyers, who frequently oppose the laws. I find that group conflict matters to policy outcomes. I also find evidence that, under conditions of elevated conflict, adopted policies are more likely to move toward the general ideological preferences of the public at large. These results suggest that group conflict affects both the quantity and character of policy in the American states.     

辛亥革命后十年间的武汉社会

湖北人为中共"一大"的成功召开作出了比较多的贡献,被视为中共"一大"上的"湖北现象"。产生这一现象的原因,主要应该在辛亥革命后十年间武汉地区的社会土壤中寻找。在政局动荡、民生凋敝的环境下,董必武、恽代英等探索着救国救民之路。媒体的发达与教育的发展使马克思主义得以广泛传播,为他们建立早期共产党组织提供了思想理论基础;工商业的发展使工人阶级队伍壮大,工人运动与学生运动的结合为早期共产党组织的创立奠定了阶级基础。通过五四新文化运动的洗礼和俄国十月革命的影响,董必武、恽代英等都走向了马克思主义的革命征途。因此,湖北成为中共早期组织创立的六个地区之一和重要发祥地,在"一大"上出现"湖北现象",不是偶然的。     

近十年来美英两国学术界冷战史研究述评

冷战主宰了20世纪后半期的国际政治。在后冷战时期,许多国家的学者利用新获得的档案资料来仔细考察和重新评估冷战史。自从冷战国际史项目于1991年在伍德罗.威尔逊国际学者中心建立以来,冷战国际史这一概念,已经被广为接受。根据相关英文文献,对过去十年美英两国冷战史研究新发展、新动向以及冷战史研究现状,做一总结归纳。主要涉及以下几个方面:美国的主要冷战研究中心、研究冷战的资料来源和新的研究方法、学者们关注的热点问题及最新研究成果的介绍、英国冷战研究概况等。