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Disability Law Commons

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Education Law

Disability discrimination

Mitchell Hamline School of Law

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Full-Text Articles in Disability Law

Disability Discrimination In Higher Education: The Enabling Spirit Of American Disability Legislation In Conflict With Judicial Interpretation, Travis Murray Dec 2020

Disability Discrimination In Higher Education: The Enabling Spirit Of American Disability Legislation In Conflict With Judicial Interpretation, Travis Murray

Student Scholarship

Disabled individuals have historically been treated as second-class citizens in the United States. While improvements have certainly been made over time, disabled individuals still face significant barriers to enjoying full and equal participation in society. Higher education is one aspect of American society still lacking proportional representation of the disabled community. To try and understand why disabled Americans fail to thrive in higher education at rates approaching those of non-disabled individuals, this paper will examine the following: how the history of disability discrimination in America influenced passage of powerful anti-discrimination legislation; how American courts have generally interpreted that legislation to …