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110 Cal. L. Rev. 1157 (2022)
The Pennhurst Doctrines and the Lost Disability History of the "New Federalism"

handle is hein.journals/calr110 and id is 1184 raw text is: The Pennhurst Doctrines and the Lost Disability History of the New Federalism Karen M. Tani* This Article reconstructs the litigation over an infamous institution for people with disabilities-Pennhurst State School & Hospital-and demonstrates that litigation's powerful and underappreciated significance for American lfe and law. It is a tale of two legacies. In U.S. disability history, Halderman v. Pennhurst State School & Hospital is a celebrated case. The 1977 trial court decision recognized a constitutional right to habilitation and ordered the complete closure of an overcrowded, dehumanizing facility. For people concerned with present-day mass incarceration, the case retains relevance as an example of court-ordered abolition. DOI: https://doi.org/10.15779/Z38P26Q46M Copyright © 2022 Karen M. Tani * JD, Ph.D. (History); Seaman Family University Professor, University of Pennsylvania. This article benefited from exchanges with Penelope Boyd, Andrew Bradt, Jessica Bulman-Pozen, Stephen Burbank, Felipe Cole, Jeff Cooper, Robert Dinerstein, Doron Dorfman, Dennis Downey, Katie Eyer, David Ferleger, Steve Gold, Joe Goldberg, Sally Gordon, Charles Halpern, Jasmine Harris, Frank Laski, Matthew Lassiter, Sophia Lee, Serena Mayeri, Joy Milligan, Bob Nelkin, William Novak, Arthur Peabody, James Pfander, Judith Resnik, Stephen Ross, David Rudovsky, Margo Schlanger, Rebecca Scott, Miriam Seifter, Mehgan Sidhu, Lilith Siegel, Nathan Stenberg, and Amanda Tyler, as well as from workshop opportunities at Berkeley Law, the Elisabeth Haub School of Law at Pace University, Northwestern Pritzker School of Law, Penn State Law, the Temple Beasley School of Law, the University of Georgia School of Law, the University of Michigan, and the University of Pennsylvania. Sarah Best, Kara Gordon, Janice Jiang, Paul Sindberg, and Amanda Smith provided exceptional research assistance. Patrick Kerwin and Paul Riermaier offered vital help with archival sources. Incisive editorial suggestions from the editors of the California Law Review improved this article immeasurably. Rabia Belt inspired this work, through years of calling for attention to disability legal history. All errors and oversights are my own. 1157

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