For decades, American law has developed to advance the civil rights of underprivileged groups. While classifications such as race, religion and sex have been most prominent, disability is increasingly salient to our rights and interests in public spaces. This course introduces students to the law governing issues of disability, and the relationship between law, medicine and social justice. Throughout the term, students will be encouraged to problematize the adequacy of legal tools that aim to serve all relevant stakeholders to meet the financial, social, medical and emotional burdens of disability marginalization. The course will be divided into five modules. The first module will introduce students to the constitutional and statutory frameworks governing disability law and the definitions of disability. The second module will explore the role of the law in combatting employment discrimination on the basis of disability. Students will examine discrimination law and its contextual application to issues such as drug use and family leave. The third module will cover the relationship between people with disabilities and the state. The fourth module will focus on public accommodations law. Lastly, the fifth module with build on modules regarding employment and the state to analyze topics in education law. The topics covered in the course are illustrative of the concerns of disability law, rather than cover the scope of the field. The materials, which comprise of a casebook and supplemental sources, enable students to develop a fuller appreciation of the intricacies of the theory and jurisprudence affecting the rights and lived experiences of people with disabilities. Students will be required to participate in class discussions, give class presentations, and write one substantial research paper.
