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Full-Text Articles in Disability Law
Equality In Germany And The United States, Edward J. Eberle
Equality In Germany And The United States, Edward J. Eberle
San Diego International Law Journal
This Article will proceed as follows. Part I will describe the methodology and approach of American and German equality law. The constitutional Courts of both countries value equality highly, resulting in strong and well developed jurisprudence. Each of the Courts employ a sliding scale of judicial scrutiny with the degree of scrutiny varying with the trait or personal interest affected by the governmental measure. Strict or extremely intensive scrutiny applies to measures targeting personal traits that especially affect a person's identity, like race, national heritage, or alienage under United States law, and race, sex, gender, language, national origin, disability, faith, …
Gray Matters: Autism, Impairment, And The End Of Binaries, Kevin Barry
Gray Matters: Autism, Impairment, And The End Of Binaries, Kevin Barry
San Diego Law Review
First diagnosed by psychiatrist Leo Kanner in 1943, autism has exploded into the public consciousness in recent years. From science to science fiction, academia to popular culture, autism has captured the world's attention and imagination. Autism has also ignited a fierce debate among stakeholders who seek to define its essence. Many parents of autistic children regard autism as a scourge and press for a cure. The "neurodiversity movement," comprised mostly of autistic adults, regards autism as a different way of being worthy of respect and even celebration. The autism war is well underway, and given autism's swelling ranks and proposed …
How Not To End Disability, Janet Radcliffe Richards
How Not To End Disability, Janet Radcliffe Richards
San Diego Law Review
When advances in genetic technology offer the chance of preventing or curing disease and disability, it is one thing to recommend caution on the grounds that these obvious benefits may be outweighed by associated harms. It is quite another to deny even that there are benefits to be outweighed, and that attempts to prevent disability by these means should be resisted outright. That, however, is a view that is increasingly widespread in the disability rights movement.