Wednesday, September 07, 2005

Ball on Feminist and Communitarian Disability Law

New on Westlaw: Carlos Ball, Looking for Theory in All the Right Places: Feminist and Communitarian Elements of Disability Discrimination Law, 66 Ohio St. L.J. 105 (2005). The abstract:

This Article explores the ways in which important elements of disability discrimination law are consistent with feminist and communitarian theory. The Article explains how disability discrimination law accounts for the relationships of individuals, recognizes that differences between individuals often mandate (as opposed to preclude) the application of equality principles, addresses issues of dependency in the context of equality, encourages communication and dialogue between parties, holds that equality is implicated when the state unnecessarily keeps individuals separated from their communities, and accounts for the interests of nonclaimants in determining the equality rights of claimants. The Article argues that these characteristics of disability discrimination law are reflected in feminist theory and communitarian theory, and are, as a result, in some tension with the kind of liberal theory upon which much of the law that prohibits discrimination on the basis of race and sex is grounded.


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