The Disability Rights Anticanon

31 Pages Posted: 23 May 2022 Last revised: 9 Jun 2022

Date Written: April 30, 2022

Abstract

There are certain Supreme Court cases most Americans consider in retrospect to be so objectionable or unconscionable in their outcomes that they are, as Jamal Green has described them, anticanonical. The traditional anticanon consists of four cases: Dred Scott, Plessy, Lochner, and Korematsu. Drawing from the Green article and scholarship discussing the worst cases of all time, this article proposes three additional candidates for membership in this pantheon of error: Buck v. Bell, Pennhurst v. Halderman II, and Board of Trustees of the University of Alabama v. Garrett.

Keywords: Disability Rights, Buck v. Bell, Pennhurst, Cummings, Garrett, Anticanon

Suggested Citation

Warden, Derek, The Disability Rights Anticanon (April 30, 2022). Available at SSRN: https://ssrn.com/abstract=4097685 or http://dx.doi.org/10.2139/ssrn.4097685

Derek Warden (Contact Author)

Louisiana Supreme Court ( email )

400 Royal Street
New Orleans, LA 70130
United States

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