Caste and Disability: The Moral Foundations of the ADA

Professor Sunstein proposes that the foundations of Emens’ approach can be linked with the notion that “morally irrelevant differences have been turned, without sufficient justification, into a systematic source of social disadvantage” and, thus, may be seen as a reflection of an anticaste principle that underlies American law. Thus, Emens’ focus on third-party benefits should be seen “not as a diversion from the fundamental goals of the ADA, but as an effort to reconceive and deepen them.”

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