Abstract

http://ssrn.com/abstract=335500
 


 



What's Good is Bad, What's Bad is Good, You'll Find Out When You Reach the Top, You're on the Bottom: Are the Americans with Disabilities Act (and Olmstead v. L.C.) Anything More Than 'Idiot Wind'


Michael L. Perlin


New York Law School


University of Michigan Journal of Law Reform, Vol. 35, Pp. 235-261, 2001-2002

Abstract:     
Mental Disability law is contaminated by "sanism," an irrational prejudice similar to such other irrational prejudices as racism and sexism. The passage of the Americans with Disabilities Act (ADA) - a statute that focused specifically on questions of stereotyping and stigma - appeared at first to offer an opportunity too deal frontally with sanist attitudes and, optimally, to restructure the way that citizens with mental disabilities were dealt with by the remainder of society. However, in its first decade, the ADA did not prove to be a panacea for such persons. The Supreme Court's 1999 decision in Olmstead v. L.C. - ruling that the ADA entitled certain state hospital residents to treatment in an "integrated community setting," and stressing that "unjustified isolation...is properly regarded as discrimination based on disability" - appeared to have the potential to transform and revolutionize mental disability law. This Article questions whether Olmstead has done that, and whether, in fact, it has the capacity to do that. Furthermore, a review of post-Olmstead caselaw - a universe that is "pretty pallid" - and the meager (in volume) scholarship, conclude that, in spite of Olmstead, "there are still many sanist attitudes that need to be undone."

Accepted Paper Series


Not Available For Download

Date posted: October 1, 2002  

Suggested Citation

Perlin, Michael L., What's Good is Bad, What's Bad is Good, You'll Find Out When You Reach the Top, You're on the Bottom: Are the Americans with Disabilities Act (and Olmstead v. L.C.) Anything More Than 'Idiot Wind'. University of Michigan Journal of Law Reform, Vol. 35, Pp. 235-261, 2001-2002. Available at SSRN: http://ssrn.com/abstract=335500

Contact Information

Michael L. Perlin (Contact Author)
New York Law School ( email )
185 West Broadway
New York, NY 10013
United States
212-431-2183 (Phone)
HOME PAGE: http://www.nyls.edu/bios/perlin.html
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