Disability, Health, Law, and Bioethics

Author: I. Glenn Cohen; Carmel Shachar; Anita Silvers; Michael Ashley Stein
Publisher: Cambridge University Press
ISBN: 9781108725408
Published In: April 2020
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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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”

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