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http://ssrn.com/abstract=910542
 
 

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A Jurisprudence of Dysfunction: On the Role of 'Normal Species Functioning' in Disability Analysis


Ani B. Satz


Emory University School of Law; Rollins School of Public Health; Center for Ethics; Georgetown University Law Center


Yale Journal of Health Policy, Law, and Ethics, Vol. 6, p. 221, June 2006
Emory Public Law Research Paper No. 06-19

Abstract:     
This article considers the proper role of normal species functioning in disability analysis. Failure to consider properly the role of normal functioning has profoundly impacted American disability law by creating divergent outcomes in the application of established United States Supreme Court tests and severely undermining protections for persons with disabilities. This article examines competing, dominant conceptual models of functioning, the Supreme Court's use of these models, and then proposes a novel conceptual framework, which requires a blend of the models as applied to three distinct levels of disability analysis. This article is a discrete and integral part of disability law reform, bearing on the tension between civil rights and social welfare models of disability law.

Number of Pages in PDF File: 48

Keywords: disability, discrimination, philosophy, ethics, civil rights, government policy, public policy, health law

JEL Classification: I12, I18, J71, K31, Z00

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Date posted: June 23, 2006  

Suggested Citation

Satz, Ani B., A Jurisprudence of Dysfunction: On the Role of 'Normal Species Functioning' in Disability Analysis. Yale Journal of Health Policy, Law, and Ethics, Vol. 6, p. 221, June 2006; Emory Public Law Research Paper No. 06-19. Available at SSRN: http://ssrn.com/abstract=910542

Contact Information

Ani B. Satz (Contact Author)
Emory University School of Law ( email )
1301 Clifton Road
Atlanta, GA 30322
United States
HOME PAGE: http://www.law.emory.edu/faculty/faculty-profiles/ani-b-satz.html
Rollins School of Public Health ( email ) ( email )
Atlanta, GA 30322
United States
Center for Ethics ( email ) ( email )
Atlanta, GA 30322
United States
Georgetown University Law Center ( email )
600 New Jersey Avenue, NW
Washington, DC 20001
United States
HOME PAGE: http://www.law.georgetown.edu/faculty/facinfo/tab_faculty.cfm?Status=FullTime&ID=2735
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