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Full-Text Articles in Law

Institute Brief: Recreation In The Community, Maria Paiewonsky, Susan Tufts Jan 1999

Institute Brief: Recreation In The Community, Maria Paiewonsky, Susan Tufts

The Institute Brief Series, Institute for Community Inclusion

Recommendations from community recreation providers on how to include youth with disabilities in recreation programs.


The Disability Kaleidoscope, Mary Crossley Jan 1999

The Disability Kaleidoscope, Mary Crossley

Articles

The question of whom our society truly wants to protect from adverse discrimination based on bodily difference is ultimately a question for the body politic. The aim of this article, by contrast, is to use the analytical tools provided by scholars in the field of disability studies to scrutinize how lawmakers to date have understood the concept of impairment as one form of bodily difference. By viewing administrative and judicial treatments of impairment through a disability studies lens, I have sought to give the disability kaleidoscope a turn and thus to provide the reader with an altered view of impairment …


"Half-Wracked Prejudice Leaped Forth:" Sanism, Pretextuality, And Why And How Mental Disability Law Developed As It Did, Michael L. Perlin Jan 1999

"Half-Wracked Prejudice Leaped Forth:" Sanism, Pretextuality, And Why And How Mental Disability Law Developed As It Did, Michael L. Perlin

Articles & Chapters

Mental disability law jurisprudence is often incoherent Much of its incoherence can be explained by two concepts that dominate this area of the law: sanism (the irrational prejudices that cause, and are reflected in, prevailing social attitudes toward mentally disabled persons, and those so perceived) and pretextuality (the courts' acceptance -- either implicit or explicit -- of testimonial dishonesty and their decisions to engage in dishonest decisionmaking in mental disability law cases). Mental disability law is frequently premised on stereotypes and on prejudice, on typification and fear. These distortions reflect sanism; cases that sanction the use of such stereotypes and …