JUMPING THE QUEUE - AN INQUIRY INTO THE LEGAL TREATMENT OF STUDENTS WITH LEARNING-DISABILITIES - KELMAN,M, LESTER,G

Authors
Citation
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
Citations number
150
Categorie Soggetti
Law
Journal title
ISSN journal
00389765
Volume
51
Issue
1
Year of publication
1998
Pages
183 - 219
Database
ISI
SICI code
0038-9765(1998)51:1<183:JTQ-AI>2.0.ZU;2-F
Abstract
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.