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Full-Text Articles in Jurisprudence
How Medicalization Of Civil Rights Could Disappoint, Allison K. Hoffman
How Medicalization Of Civil Rights Could Disappoint, Allison K. Hoffman
All Faculty Scholarship
This essay reflects on Craig Konnoth’s recent Article, Medicalization and the New Civil Rights, which is a carefully crafted and thought-provoking description of the refashioning of civil rights claims into medical rights frameworks. He compellingly threads together many intellectual traditions—from antidiscrimination law to disability law to health law—to illustrate the pervasiveness of the phenomenon that he describes and why it might be productive as a tool to advance civil rights.
This response, however, offers several reasons why medicalization may not cure all that ails civil rights litigation’s pains and elaborates on the potential risks of overinvesting in medical rights-seeking. …
"Unexplainable On Grounds Other Than Race": The Inversion Of Privilege And Subordination In Equal Protection Jurisprudence, Darren Lenard Hutchinson
"Unexplainable On Grounds Other Than Race": The Inversion Of Privilege And Subordination In Equal Protection Jurisprudence, Darren Lenard Hutchinson
UF Law Faculty Publications
In this article, Professor Darren Hutchinson contributes to the debate over the meaning of the Fourteenth Amendment's Equal Protection Clause by arguing that the Supreme Court has inverted its purpose and effect. Professor Hutchinson contends that the Court, in its judicial capacity, provides protection and judicial solicitude for privileged and powerful groups in our country, while at the same time requires traditionally subordinated and oppressed groups to utilize the political process to seek redress for acts of oppression. According to Professor Hutchinson, this process allows social structures of oppression and subordination to remain intact.
First, Professor Hutchinson examines the various …