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Full-Text Articles in Law
Brains Without Money: Poverty As Disabling, Emily R.D. Murphy
Brains Without Money: Poverty As Disabling, Emily R.D. Murphy
Connecticut Law Review
The United States has long treated poverty and disability as separate legal and social categories, a division grounded in widespread assumptions about the “deserving” and “undeserving” poor. In the case of disability, individuals generally are not thought to be morally responsible for their disadvantage, whereas in the case of poverty, individuals are assumed to be at fault for their disadvantage and are therefore less deserving of aid. This Article argues that recent advances in brain and behavioral science undermine the factual basis for those assumptions. Poverty inhibits brain development during childhood and, later in life, adversely affects cognitive capacities that …
Mindful Debiasing: Meditation As A Tool To Address Disability Discrimination, Elizabeth F. Emens
Mindful Debiasing: Meditation As A Tool To Address Disability Discrimination, Elizabeth F. Emens
Connecticut Law Review
Antidiscrimination law is at a critical juncture. The law prohibits formal and explicit systems of exclusion, but much bias nonetheless persists. New tools are needed. This Article argues that mindfulness meditation may be a powerful strategy in the battle against disability discrimination. This Article sets out eight reasons that disability bias is particularly intractable. The Article then draws on empirical, philosophical, and scholarly sources to identify mechanisms through which mindfulness meditation can address these dynamics. The Article concludes by presenting concrete doctrinal implications of bringing mindfulness to bear on disability discrimination. This Article thus contributes to the established fields of …