Thursday, July 11, 2013

Recent scholarship

The Convention on the Rights of Persons with Disabilities: will ratification lead to a holistic approach to postsecondary education for persons with disabilities?

Jason Palmer (Stetson), 43 Seton Hall L. Rev. 551-594 (2013). An edited excerpt from Professor Palmer's abstract:

The Convention on the Rights of Persons with Disabilities (CRPD), the first human rights convention of the 21st century, is one of the most far-reaching international documents in history for the protection of marginalized individuals with disabilities. The CRPD represents a paradigm shift in the area of disabilities by moving from a medical or social approach to persons with disability, to a human rights model. The holistic approach of the CRPD, as implemented through the principles of universal design, is the most efficient and cost-effective method for benefiting all persons with or without disability in higher education. This article is the first to conceptualize and envision a human rights approach to United States higher education and disability law through the holistic application of universal design in learning and instruction.

Transcending Equality Versus Adequacy

Joshua E. Weishart (W. Virginia), Stanford Law Review, forthcoming. An edited excerpt from Professor Weishart's abstract:

In the pursuit of educational justice, practice often outpaces theory. Theories of educational equality and adequacy have been understood to impose different demands. As generally conceived by equality theorists, justice dictates that all children have equal educational opportunities. Adequacy theorists typically construe the demands of justice as requiring that all children have access to a certain threshold of educational opportunities. Hence, the decades-long equality versus adequacy debate lingers over seemingly irreconcilable conceptual differences and legal impracticalities. My aim in this article is to enumerate the points of convergence between equality and adequacy and to show that their residual conflicting tenets are unsustainable in practice. Hence, equality and adequacy are not mutually exclusive; indeed, I contend that they are mutually reinforcing.


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