Disability, Health, Law, and Bioethics

Description

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.

I. Glenn Cohen is Professor of Law at Harvard Law School and the Faculty Director of the Petrie-Flom Center for Health Law Policy, Biotechnology, and Bioethics. He is one of the world's leading experts on the intersection of bioethics and the law, as well as health law. Glenn has written over 100 articles in venues such as the New England Journal of Medicine, the Journal of the American Medical Association, Nature, and the Harvard Law Review. Cohen is also the author, editor, or co-editor of twelve books. Carmel Shachar is the Executive Director of the Petrie-Flom Center for Health Law Policy, Biotechnology, and Bioethics at Harvard Law School. Carmel's scholarship focuses on law and health policy, with a focus on the regulation of value-based health care, the impact of the opioid epidemic, and anti-discrimination law and policy. She is also a lecturer on law at Harvard Law School, where she co-teaches a course on Health Care Rights in the Twenty-First Century. Anita Silvers, Professor of Philosophy and Health Equity Institute Affiliate, taught at San Francisco State University for over fifty years. During that time, she was a leader in the fight against barriers keeping students with disabilities out of California higher education system. Along with publishing more than 150 book chapters and articles, Anita received an appointment to the National Endowment for the Humanities National Council and made significant contributions to the field of philosophy and disability. Michael Ashley Stein is the Executive Director of the Harvard Law School Project on Disability, and a Visiting Professor at Harvard Law School since 2005. One of the world's leading experts on disability law and policy, he participated in the drafting of the United Nations Convention on the Rights of Persons with Disabilities; works globally with disabled peoples' organizations; consults with governments; advises United Nations bodies and national human rights institutions; and has brought landmark disability rights litigation. His path-breaking scholarship has been published by leading journals and academic presses.

'As we confront the implications of wide-ranging biomedical changes, issues of disability and of difference keep reappearing, like sharp rocks in roiling seas. This volume offers an invaluable breadth and depth of insight into those issues, highlighting how complex and varied they are, both in principle and in practice.' Henry T. Greely, Deane F. and Kate Edelman Johnson Professor of Law, Director, Center for Law and the Biosciences, Stanford University '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