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Full-Text Articles in Law
How The Biological/Social Divide Limits Disability And Equality, Martha T. Mccluskey
How The Biological/Social Divide Limits Disability And Equality, Martha T. Mccluskey
Journal Articles
What is disability - a biological or social condition? In the conventional equality frameworks, the division between biology and social identity puts disability at the bottom of the formal equality hierarchy, but at the top of the substantive equality hierarchy. Compared with race and then gender, disability deserves the least protection against formal discrimination, on the theory that disadvantages are based on real and relevant functional differences more than on suspect social judgments. But turning to substantive equality, disability’s supposed greater biological basis justifies affirmative accommodation of difference, compared to the social differences of race, with gender in the middle …
Jaycees Reconsidered: Judge Richard S. Arnold And The Freedom Of Association, Richard W. Garnett
Jaycees Reconsidered: Judge Richard S. Arnold And The Freedom Of Association, Richard W. Garnett
Journal Articles
In Roberts v. United States Jaycees, the Supreme Court reversed Judge Richard S. Arnold's decision for the Court of Appeals and held - without dissent - that the First Amendment did not shield the Jaycees' men-only membership policy from the non-discrimination requirements of the Minnesota Human Rights Act. The claim in this essay is that Judge Arnold's position and decision in the Jaycees case deserved, and still deserve, more thoughtful and sympathetic treatment. Even some of Judge Arnold's many friends and fans tend to treat as something of an embarrassing lapse or anomalous error his conclusion in that case that, …