A. Weis, JUMPING THE QUEUE - AN INQUIRY INTO THE LEGAL TREATMENT OF STUDENTS WITH LEARNING-DISABILITIES - KELMAN,M, LESTER,G, Stanford law review, 51(1), 1998, pp. 183-219
In this review, Andrew Weis critically examines Mark Kelman and Gillia
n Lester's Jumping the Queue: An Inquiry into the Legal 15 Treatment o
f Students with Learning Disabilities. Writing from the perspective of
an individual who has a learning disability, Weis disputes Kelman and
Lester's contention that people with learning disabilities should not
qualify as a rights protected group. Weis begins by identifying four
main arguments underlying Kelman and Lester's conclusion: Individuals
who have learning disabilities (1) are not a cohesive, easily-defined
group; (2) do not suffer from irrational stereotyping; (3) do not endu
re animus or other negative treatment; and (4) do not need or benefit
from rights protection. Weis then challenges these arguments using a c
ombination of personal narrative and empirical data. Weis concludes by
locating both Kelman and Lester's arguments and his own rebuttal of t
hem within the spectrum of legal theory. He notes that although Kelman
and Lester seem to argue from a centrist or liberal rights approach,
they incorporate certain aspects of a critical legal studies approach
as well.