The Disability Term: Dignity, Default, and Negative Capability
Posted: 3 Aug 2000
This Article focuses initially on the six decisions in which the United States Supreme Court dealt directly with disability law issues during the 1998 Term. It offers a critical overview of the Court's performance and places these decisions in the larger context of full and equal protection. The Article compares and contrasts examples of the Justices' evident unconcern for personal dignity - notwithstanding congressional language - with the majority's enthusiasm for the dignity of the states in the context of the New Federalism. Through careful scrutiny of judicial craftsmanship as well as problematic examples of equal treatment drawn from sources outside law, the Article suggests that "negative capability" may be a more fruitful approach for judging obligations to persons who are different.
JEL Classification: K23, K32
Suggested Citation: Suggested Citation