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