Health, Disability, and Justice (Harris/Hoffman,A)
Meeting Times/Location
T 10:00AM - 12:00PM
Golkin Hall 238
Category
Seminar
Credits
3.0
Health and disability often exist independently in law and culture. In health law, for example, the existence of disability can signal poor health outcomes or inequities in access to care. In disability law and theory, however, disability can operate as a social construction, a socio-legal identity, or a protected legal class. Yet both health law and disability law seek to advance justice. One critical point of intersection between these two areas is the care economy and its design and implementation. What theories of care shape legal regulation in these areas? What understandings might produce outcomes that better reflect the complexities of care, health, and disability? The course will address such topics as the role of the state in the regulation of care; the meta goal(s) of health care; the role of ex post legal interventions versus ex ante statutory or policy initiatives; and race, disability, and health justice.
This seminar has three main goals. First, the course will identify key intersections between health law and disability law to better understand purported tensions and opportunities for reframing and realignment. Second, students will learn to read and engage with legal scholars and their work through the assigned course materials and guest speakers. Third, students will develop their own scholarly voice by writing three short essays that seek to respond to existing debates discussed throughout the semester and by helping lead class discussion for one class.
Constitutional Law Learning outcomes: Demonstrate a core understanding of constitutional law; Perform legal analysis in the context of constitutional law; Communicate effectively on topics related to constitutional law; Demonstrate an understanding of constitutional law affects other areas of law.
Courts and the Judicial System Learning outcomes: Demonstrate a core understanding of both substantive and procedural issues in the operation of our legal system; Perform legal analysis in the context of procedural issues and the judicial process; Communicate effectively on topics related to procedure and the judicial process; Demonstrate an understanding of how procedural issues and the judicial process affect all other area of our legal system.
Health Law Learning outcomes: Demonstrate a core understanding of health law and policy; Perform legal analysis in the context of health law and policy; Communicate effectively on topics related to health law and policy; Demonstrate an understanding of the interconnection among health law and policy and issues of access to services, public and private financing of health industries, and the political and economic issues surrounding issues of health law and health services.
Perspectives on the Law Learning outcomes: Demonstrate an understanding of how the law affects, and is affected by, the individual course topic; Perform legal analysis in the context of the individual course topic; Communicate effectively on the legal and other aspects of the individual course topic; Demonstrate the ability to use other disciplines to analyze legal issues relevant to the individual course topic, including economics, philosophy, and sociology, as appropriate.
Administrative and Regulatory Law Learning outcomes: Demonstrate a core understanding of administrative and regulatory law and the administrative process, including the role of statutory authorization and work of administrative agencies; Perform legal analysis in the context of administrative and regulatory law; Communicate effectively on topics related to administrative and regulatory law; Demonstrate an understanding of the role administrative and regulatory law play in our legal system and in society as a whole.
Equity and Inclusion Learning outcomes: Demonstrate a core understanding of the varied legal aspects of equity and inclusion; Perform legal analysis in the context of topics related to equity and inclusion; Communicate effectively on the legal aspects of equity and inclusion; Demonstrate an understanding of how equity and inclusion are connected to and affected by a wide variety of legal and regulatory structures and doctrines.