Disability, Health, Law, and Bioethics

Examines how the framing of disability has serious implications for legal, medical, and policy treatments of disability.

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

9781108485975, Cambridge University Press

Hardback, published 23 April 2020

380 pages, 7 b/w illus.
23.3 x 15.5 x 2 cm, 0.6 kg

'This collection reveals how much disability studies has evolved, exploring the legal implications that different framings of disability have on disabled people. Each chapter brings new and subtle insights.' P. A. Murphy, Choice

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 an understanding of the connection between the framing of disability and policies that have a real-world impact on individuals.

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.

Subject Areas: Medical ethics & professional conduct [MBDC], Medical & healthcare law [LNTM]