Disability Law

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Article
Volume 92.7
The Contractualization of Disability Rights Law
Yaron Covo
Assistant Professor, Case Western Reserve University School of Law.

For helpful comments on earlier drafts, I thank Sania Anwar, Ian Ayres, Abbe Gluck, Adi Goldiner, Hanoch Dagan, Doron Dorfman, Klaas Eller, Elizabeth Emens, Jasmine Harris, Avery Katz, Craig Konnoth, Juliet Kostritsky, Shirley Lin, Daniel Markovits, Petros Mavroidis, Jamelia Morgan, Szymon Osmola, David Pozen, Jessica Roberts, Emily Rock, Elle Rothermich, Kate Sapirstein, Ani Satz, Michael Ashley Stein, Karen Tani, and Cristina Tilley, as well as participants in the Junior Scholars Conference at Northeastern School of Law (2024), the Junior Faculty Forum at Richmond School of Law (2024), the 47th Health Law Professors Conference (2024), and the Ninth Annual Health Law Works-in-Progress Retreat at Seton Hall Law School (2025). Lastly, I thank the editors of The University of Chicago Law Review for their insightful and helpful edits and suggestions.

In this Article, Yaron Covo argues that disability rights law in the United States is shaped not only by civil rights statutes but also by contract law doctrines. Contract law surfaces in the disability rights context through judicial determinations of accommodations negotiations and spending clause language in disability rights statutes. The Article argues that this intertwining has eroded rights under statutes meant to promote equality and protect vulnerable classes. The Article concludes with two recommendations: replacing the “individualized” negotiation model with a uniform model and adding certain mandatory rules and defaults in the disability rights context.

Civil Rights Contract Law Disability Law
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Article
86.8
Federal Expansion and the Decay of State Courts
Diego A. Zambrano
Assistant Professor of Law, Stanford Law School

For thoughtful comments and conversations, I thank Greg Ablavsky, Robert Bone, Adam Chilton, Mariano-Florentino Cuellar, David Freeman Engstrom, Richard Epstein, Eric Fish, Nora Freeman Engstrom, Jacob Goldin, Alexandra Lahav, Hiba Hafiz, Deborah Hensler, Daniel E. Ho, David Hoffman, William Hubbard, Samuel Issacharoff, Emma Kaufman, Amalia Kessler, Dan Klerman, Jonathan Masur, Michael McConnell, Lisa Larrimore Ouellette, Saul Levmore, Jim Pfander, Bill Rubenstein, Joanna Schwartz, Catherine M. Sharkey, Shirin Sinnar, Norm Spaulding, Alan Trammell, Adam Zimmerman, and the editors of The University of Chicago Law Review. I also thank participants at the Annual Civil Procedure Workshop and the Clifford Symposium.

Disability Law
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84.3
Revitalizing the Law That “Preceded the Movement”: Associational Discrimination and the Rehabilitation Act of 1973
Bianca G. Chamusco
The University of Chicago; MA 2014, The University of Chicago; JD Candidate 2018, The University of Chicago Law School

A deaf man is admitted to the hospital for emergency surgery. The hospital, unable to locate an available American Sign Language interpreter, relies on the man’s children to communicate with him.

Americans with Disabilities Act Associational Standing Civil Rights Disability Law
Online
Article
81.2
Accommodating Every Body
Michael Ashley Stein
Executive Director, Harvard Law School Project on Disability; Visiting Professor, Harvard Law School; Professor, William & Mary Law School
Anita Silvers
Professor of Philosophy, San Francisco State University
Bradley A. Areheart
Associate Professor, University of Tennessee College of Law
Leslie Pickering Francis
Alfred C. Emery Distinguished Professor of Law and Distinguished Professor of Philosophy, University of Utah
Americans with Disabilities Act Disability Law Discrimination Labor Law

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