The Disability Term: Dignity, Default, and Negative Capability

55 Pages Posted: 25 Jan 2010

See all articles by Aviam Soifer

Aviam Soifer

University of Hawaii at Manoa - William S. Richardson School of Law

Date Written: June 1, 2000

Abstract

This Article focuses initially on the six decisions in which the 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.

Suggested Citation

Soifer, Aviam, The Disability Term: Dignity, Default, and Negative Capability (June 1, 2000). UCLA Law Review, Vol. 47, No. 5, 2000, Available at SSRN: https://ssrn.com/abstract=1542241

Aviam Soifer (Contact Author)

University of Hawaii at Manoa - William S. Richardson School of Law ( email )

2515 Dole St.
Honolulu, HI 96822-2350
United States

Do you have negative results from your research you’d like to share?

Paper statistics

Downloads
96
Abstract Views
1,097
Rank
492,371
PlumX Metrics