Special issue : law and the imagining of difference /
Saved in:
| Edition: | First edition. |
|---|---|
| Imprint: | Bingley, UK : Emerald Publishing, 2018. ©2018 |
| Description: | 1 online resource |
| Language: | English |
| Series: | Studies in law, politics, and society ; v. 75 Studies in law, politics, and society (Emerald Publishing) ; v. 75. |
| Subject: | |
| Format: | E-Resource Book |
| URL for this record: | http://pi.lib.uchicago.edu/1001/cat/bib/13455466 |
Table of Contents:
- Intro; SPECIAL ISSUE: LAW AND THE IMAGINING OF DIFFERENCE; Contents; List of Contributors; Editorial Board; Chapter 1: Differentiating Assimilation; 1. Introduction; 2. The Assimilationist Critique in LGBT Debate; 3. The Case for Unmarried Same-Sex Parents; 3.1. Marriage, Parenthood, and Different-Sex Couples; 3.2. The Failure of Sameness Arguments; 3.3. Sameness and Success; 4. The Case for Marriage; 4.1. Seeking Inclusion in Marriage; 4.2. Ordering Inclusion; 5. Parental Recognition After Marriage; 5.1. Parentage inside Marriage; 5.2. Parentage Outside Marriage.
- 6. Conclusion
- Transformation Through AssimilationNotes; Acknowledgments; References; Chapter 2: Embodying the Law: Negotiating Disability Identity and Civil Rights; Introduction; Tension between Sameness and Difference; How Difference Is Defined; How Best to Achieve Civil Rights; How to Learn from and Capitalize on Progress; Why Disability Rights Legislation?; History of Oppression and Discrimination; Key Disability Rights Legislation; Americans with Disabilities Act; Individuals with Disabilities Education Act; Civil Rights of Institutionalized Persons Act; Rehabilitation Act.
- Relationship Between Disability, Identity, and the LawDisability Studies, Deaf Culture, and Identity; Disability Studies and Identity
- Role of Stigma; Deaf Culture and Identity
- Not Disabled; Importance of Disabled Identity to the Law; Identifying as Disabled under the Law; Overemphasis on Classification; Minority Rights Versus Human Diversity/Human Rights; Disability Rights as Minority Rights: Opportunities and Challenges; Impact of Minority Model on Interpretations of the Law; Second- and Third-Class Citizens; Positive Identity and Social Movement; The Inferior Body.
- The Same But DifferentThe Path to Justice: Garnering Public Support; Disability as Human Diversity; Complexity of Causes and Remedies for Disability; Comparison of Minority Rights Approach to Human Diversity Approach and CRPD; End Game: How to Achieve Inclusion and Acceptance; The Law as a Tool for Change; Other Tools in the Toolbox
- Strengthening the Capacity of the Law to Create Change; Acknowledge Both the Incredible Stigma of Disability and Disability as a Positive Identity; Integrate Human Rights as well as Civil Rights Perspectives into the Language of the Law and its Applications.
- Carefully Consider Similarities and Differences between Disability and Other Minority Groups and Craft Laws AccordinglyMake Difference Normal by Applying Universal Design; Tackle Problem of Stigma in the Court System; Get "Buy In" from the Public during All Phases of Civil Protection; Conclusions; References; Chapter 3: Being Exceptional; 1. Introduction; 2. The Landscape of Difference; 2.1. Average/Normal/Regular; 2.2. Exceptional; 2.3. Exceptional Choices; 3. Approaches to the ADA; 3.1. ADA as Civil Rights; 3.2 Profit Maximization and Tort Calculations; 4. Conclusions
- Norm Change; Notes.