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Disability, Health, Law, and Bioethics

Edited by: I. Glenn Cohen, Carmel Shachar, Anita Silvers, Michael Ashley Stein

ISBN13: 9781108725408
Published: April 2020
Publisher: Cambridge University Press
Country of Publication: UK
Format: Paperback
Price: £40.99

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Historically and across societies people with disabilities have been stigmatized and excluded from social opportunities on a variety of culturally specific grounds. In this collection, the authors explore the impact that the philosophical framing of disability can have on public policy questions, in the clinic, in the courtroom, and elsewhere. They examine the implications of this understanding for legal and policy approaches to disability, strategies for allocating and accessing health care, the implementation of the Americans with Disabilities Act, health care rights, and other legal tools designed to address discrimination. This volume should be read by anyone seeking a balanced view of disability and understanding the connection between the framing of disability and policies that have a real world impact on individuals.

  • Offers policymakers concrete ways to better reshape legal and policy treatments of disability, including the creation of strategies for allocating and accessing health care
  • Provides an interdisciplinary approach, with diverse perspectives ranging from the clinical to the philosophical
  • Readers will glean a nuanced understanding of the characterizations of disablement, particularly the notion of “mere difference”

Discrimination Law, Medical Law and Bioethics
Introduction Carmel Shachar, I. Glenn Cohen and Michael Ashley Stein
Preface Tom Shakespeare
Part I. Disability: Definitions and Theories:
Introduction - I. Glenn Cohen
1. Disability, Health, and Normal Function - Elizabeth Barnes
2. Healthcare as Eugenics - Ani B. Satz
3. Epistemic Injustice, Disability Stigma, and Public Health Law - Daniel Goldberg
Part II. Disability in the Beginning and the End of Life:
Introduction - I. Glenn Cohen
4. Abortion, the Disabilities of Pregnancy, and the Dignity of Risk - Mary Anne Case
5. The Down Syndrome Information Act and "Mere Difference:" Redefining the Scope of Prenatal Testing Conversations? - Marie-Eve Lemoine and Vardit Ravitsky
6. Dementia, Disability, and Advance Directives: Defensible Legal Standards for Dementia Care - Rebecca Dresser
Part III. Disability in the Clinical Setting:
Introduction - Carmel Shachar
7. Expressing Respect for People with Disabilities in Medical Practice - Adam Cureton
8. Disabled Bodies and Good Organs - Emily Largent
9. Humanizing Clinical Care for Patients with Disabilities - Omar Sultan Haque and Michael Ashley Stein
10. Chronic Pain as a Challenge for Disability Theory and Policy - Caroline J. Huang and David Wasserman
Part IV. Equality, Expertise, and Access:
Introduction - Michael Ashley Stein
11. Making "Meaningful Access" Meaningful: Equitable Healthcare for Divisive Times - Leslie Francis and Anita Silvers
12. The Privacy Problem in Disability Antidiscrimination Law - Jasmine E. Harris
13. Sexual Agency as a Rights-Based Imperative for Persons with Intellectual Disabilities - Matthew S. Smith, Tara Allison and Michael Ashley Stein
Part V. Disability, Intersectionality, and Social Movements:
Introduction - Carmel Shachar
14. Destigmatizing Disability in the Law of Immigration Admissions - Medha D. Makhlouf
15. The Normative Bases of Medical Civil Rights - Craig Konnoth
16. Judicial Representation: Speaking for Others from the Bench - Wendy Salkin
Part VI. Quantifying Disability:
Introduction - William P. Alford
17. Can We Universally Accommodate Mental Health and Should We?: A Systematic Review of the Evidence and Ethical Analysis - Nathaniel Z. Counts, C. Taylor Poor, Julie Erickson, Thomas Hart and Kelly A. Davis
18. Algorithmic Disability Discrimination - Mason Marks
19. The Pathways Approach to Priority Setting: Considering Quality of Life While Being Fair to Individuals with Disabilities - Govind Persad
20. Measuring Health-State Utility via Cured Patients - Nir Eyal