Disability, the Supreme Court, and Equal Protection: Standing at the Crossroads of Progressive and Retrogressive Logic in Constitutional Classification

56 Pages Posted: 17 Apr 2002

See all articles by Anita Silvers

Anita Silvers

San Francisco State University - Department of Philosophy

Michael Ashley Stein

Visiting Professor, Harvard Law School; University of Pretoria Faculty of Law, Centre for Human Rights

Abstract

This Article compares current disability jurisprudence with the development of sex equality jurisprudence in the area of discrimination. It demonstrates that current disability law resembles the abandoned, sexist framework for determining sex equality and argues that disability equality cases should receive similar analysis as the more progressive, current sex equality standard. As such, the Article attempts to synthesize case law (14th Amendment Equal Protection jurisprudence) and statutory law (Title VII and the ADA) into a comprehensive overview of the state of current disability law viewed within the context of discrimination law in general.

Suggested Citation

Silvers, Anita and Stein, Michael Ashley, Disability, the Supreme Court, and Equal Protection: Standing at the Crossroads of Progressive and Retrogressive Logic in Constitutional Classification. University of Michigan Journal of Law Reform, Forthcoming. Available at SSRN: https://ssrn.com/abstract=307721 or http://dx.doi.org/10.2139/ssrn.307721

Anita Silvers

San Francisco State University - Department of Philosophy ( email )

1600 Holloway Avenue
San Francisco, CA 94132
United States

Michael Ashley Stein (Contact Author)

Visiting Professor, Harvard Law School ( email )

1585 Massachussetts Avenue
Austin Hall 305
Cambridge, MA 02138
United States
617-495-1726 (Phone)

University of Pretoria Faculty of Law, Centre for Human Rights ( email )

Private Bag X20
Hatfield 0028
Pretoria
South Africa

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