The Burger Court and the Rights of the Handicapped: The Case for Starting All Over Again Academic Article uri icon


  • This paper addresses the emerging issue of disability rights. The few cases which the Supreme Court has decided so far have either been sent back to lower courts or decided against the disabled claimants on the merits. The analysis attributes these rulings to the judges' failure to think creatively about the issues involved. The article proposes an emphasis on constitutional rights, broadly conceived, which would extend to the disabled some of the judicial protection enjoyed by other disadvantaged minorities.

published proceedings

  • The Western Political Quarterly

author list (cited authors)

  • Baer, J. A.

citation count

  • 0

complete list of authors

  • Baer, Judith A

publication date

  • September 1982