About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

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).

What Is HeinOnline?

HeinOnline is a subscription-based resource containing nearly 3,000 academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline with pricing starting as low as $29.95

Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most