A New Start on the Road Not Taken: Driving with Lane to Head Off Disability-Based Denials of Rights

33 Pages Posted: 2 Dec 2009

See all articles by Anita Silvers

Anita Silvers

San Francisco State University - Department of Philosophy

Leslie P. Francis

University of Utah - S.J. Quinney College of Law

Date Written: 2007

Abstract

Like other decisions upholding the rights of people with disabilities, the Supreme Court's ruling in Tennessee v. Lane has been dismissed by critics as a Pyrrhic victory. In Lane, the Court held that Congress had properly exercised its enforcement powers under section 5 of the 14th Amendment to prohibit disability discrimination in access to courts. This article argues that, far from Pyrrhic, the victory in Lane shows the way for advocates for persons with disability to develop a successful strategy for identifying important rights and the means needed for their exercise.

Suggested Citation

Silvers, Anita and Francis, Leslie P., A New Start on the Road Not Taken: Driving with Lane to Head Off Disability-Based Denials of Rights (2007). Washington University Journal of Law and Policy, Vol. 23, p. 33, 2007. Available at SSRN: https://ssrn.com/abstract=1516634

Anita Silvers

San Francisco State University - Department of Philosophy ( email )

1600 Holloway Avenue
San Francisco, CA 94132
United States

Leslie P. Francis (Contact Author)

University of Utah - S.J. Quinney College of Law ( email )

383 S. University Street
Salt Lake City, UT 84112-0730
United States

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