Articles, notes, and symposia pieces published in CLR’s print volumes.

Print Edition

Article, Volume 110, August 2022, Karen M. Tani California Law Review Article, Volume 110, August 2022, Karen M. Tani California Law Review

The <em>Pennhurst</em> Doctrines and the Lost Disability History of the “New Federalism”

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 life 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.

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