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Anti-Subordination Above All: A Disability Perspective

86 Pages Posted: 30 Nov 2006  

Ruth Colker

Ohio State University (OSU) - Michael E. Moritz College of Law

Abstract

An integrationist perspective underlies federal law and policy in the areas of education, institutionalization and voting for individuals with disabilities. Professor Colker argues that an integrationist perspective historically evolved in response to subordinating, stigmatizing and degrading disability-only policies. Extending her 1986 work on the appropriateness of an anti-subordination perspective for the fields of race and sex discrimination, she argues that an anti-subordination perspective should also guide the field of disability discrimination. She contends that the measure of equality should be anti-subordination rather than integration. Disability-only policies can serve an effective role in the disability civil rights movement and should not be dismissed as "inherently unequal."

Keywords: Americans with Disabilities Act, ADA, special education, institutionalization

JEL Classification: I00, I20, J71, J78, K30, K39

Suggested Citation

Colker, Ruth, Anti-Subordination Above All: A Disability Perspective. Notre Dame Law Review, Forthcoming; Ohio State Public Law Working Paper No. 84. Available at SSRN: https://ssrn.com/abstract=947898

Ruth Colker (Contact Author)

Ohio State University (OSU) - Michael E. Moritz College of Law ( email )

55 West 12th Avenue
Columbus, OH 43210
United States
(614) 292-0900 (Phone)
(614) 292-2035 (Fax)

HOME PAGE: http://moritzlaw.osu.edu/faculty/professor/ruth-colker/

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