Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Abuse (1)
- Americans with Disabilities Act (1)
- Assisted suicide (1)
- Classifications (1)
- Congress (1)
-
- Constitutional history (1)
- Disabilties (1)
- Disparate impact (1)
- Equal Protection Clause (1)
- Equal protection (1)
- Hate crimes (1)
- Integrationism (1)
- Mental health (1)
- Police (1)
- Race and law (1)
- Racial discrimination (1)
- Strict scrutiny (1)
- TenBroek (Jacobus) (1)
- Texas Department of Housing and Community Affairs v. Inclusive Communities Project Inc. (1)
Articles 1 - 2 of 2
Full-Text Articles in Law
From Integrationism To Equal Protection: Tenbroek And The Next 25 Years Of Disability Rights, Samuel R. Bagenstos
From Integrationism To Equal Protection: Tenbroek And The Next 25 Years Of Disability Rights, Samuel R. Bagenstos
Articles
If there is one person who we can say is most responsible for the legal theory of the disability rights movement, that person is Jacobus tenBroek. Professor tenBroek was an influential scholar of disability law, whose writings in the 1960s laid the groundwork for the disability rights laws we have today. He was also an influential disability rights activist. He was one of the founders and the president for more than two decades of the National Federation of the Blind, one of the first-and for many years undisputedly the most effective-of the organizations made up of people with disabilities that …
Disparate Impact And The Role Of Classification And Motivation In Equal Protection Law After Inclusive Communities, Samuel Bagenstos
Disparate Impact And The Role Of Classification And Motivation In Equal Protection Law After Inclusive Communities, Samuel Bagenstos
Articles
At least since the Supreme Court’s 2009 decision in Ricci v. DeStefano, disparate-impact liability has faced a direct constitutional threat. This Article argues that the Court’s decision last Term in Texas Department of Housing and Community Affairs v. Inclusive Communities Project, Inc., which held that disparate-impact liability is available under the Fair Housing Act, has resolved that threat, at least for the time being. In particular, this Article argues, Inclusive Communities is best read to adopt the understanding of equal protection that Justice Kennedy previously articulated in his pivotal concurrence in the 2007 Parents Involved case—which argued that …