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Open Access. Powered by Scholars. Published by Universities.®

2012

Public Law and Legal Theory

Yofi Tirosh

Inequality and Stratification

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Full-Text Articles in Law

The Right To Be Fat, Yofi Tirosh Jan 2012

The Right To Be Fat, Yofi Tirosh

Yofi Tirosh

Policy discussions on the increasing weight of Americans, portrayed as a problem of monumental and grim outlook, preoccupy public health experts, scientists, economists, and the popular media. In the legal field, however, discussions have tended to focus on whether weight should be a protected category under antidiscrimination law and on cost-benefit models for creating incentives to lose weight. This Article takes a novel approach to thinking about weight in the legal context. First, it maps the diverse ways in which the law is recruited to “the war against obesity,” thus providing an unprecedented account of what it means to be …