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68 Md. L. Rev. Endnotes 1 (2008-2009)

handle is hein.journals/endnot68 and id is 1 raw text is: http://www.law.umaryland.edu/academics/joumals/mdlrlendnotes/68-Cooperman.pdf ESSAY THE HANDICAPPING EFFECT OF JUDICIAL OPINIONS IN REPRODUCTIVE TORT CASES: CORRECTING THE LEGAL PERCEPTION OF PERSONS WITH DISABILITIES KERRY T. COOPERMAN* Changes are necessary; but what they ought to be, what they will be, and how and when to be produced, are arduous questions. -John Jay (1786)1 I. INTRODUCTION Over the past twenty-five years, progressive legislation and aggressive advocacy have generated policies under which people with disabilities could participate more meaningfully in America's social, political, and professional spheres. The Americans with Disabilities Act of 1990 (the ADA)2 codified the most comprehensive safeguards of civil rights since the 1960s and carried the hope that it would enable people with disabilities to engage equally in their communities.3 A major player in the passage of the ADA,4 the disability community continued to develop political footholds, spearhead local and national social movements, and insist on new statutory protections. But this initial momentum did not yield the Copyright © 2008 by Kerry T. Cooperman. * Kerry Cooperman is a third-year student at the University of Maryland School of Law where he is a Notes and Comments Editor for the Maryland Law Review. The author wishes to thank a number of people whose ideas and energy enriched this piece. The author is endlessly grateful to Professor Mark Rothstein for introducing him to the challenges of disability law and for patiently guiding his writing process. Professors Diane Hoffman and Wendy Hensel merit equal praise for their inspiring and ongoing contributions to the field of health care ethics. Heather Pruger's talent and intellectual support were also invaluable to him. Finally, the author owes special thanks to Veronica Berruz, whose civic impulse and rare sensibility have pushed him to care more deeply about communities that are just out of sight. 1. WILLLAM JAY, I1 THE LIFE OF JOHN JAY 191 (1833). 2. 42 U.S.C. §§ 12101-213 (2000 & Supp. V 2005). 3. See Ann Hubbard, The Major Life Activity of Belonging, 39 WAKE FOREST L. REv. 217, 255 (2004) (stating that the ADA is rich with proclamations of a national commitment to welcome persons with disabilities into all aspects of society). 4. See Deborah Kaplan, The Definition of Disability: Perspective of the Disability Community, 3 J. HEALTH CARE L. & POL'Y 352, 352 (2000) (noting that the disability rights movement can claim primary political responsibility for the ADA).

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