Law Professor Says Being Black is a Disability (REACTION)

A law professor from Fordham University argues that African Americans should be allowed to present their blackness as a recognized legal disability to better combat inequalities and prejudice.

“Blackness in the United States has an independent disabling effect distinct from the effects of socioeconomic status,” Kimani Paul-Emile has written in an upcoming article titled “Blackness as Disability” for the Georgetown Law Journal.

Paul-Emile contends that given the historical ineffectiveness of civil rights law and Supreme Court jurisprudence to root out modern-day racial injustice, African Americans should turn to disability law as a more effective legal avenue to combat the effects of racism.

“Understanding Blackness as disabling,” she contends, “brings to the fore a surprising new approach to addressing discrimination and systemic inequality that has been hiding in plain sight: disability law.”

Whereas race law has been “relatively effective” at countering intentional discrimination, she declares, “it has failed to combat the predominant forms of discrimination that now harm minority populations: unconscious bias, stereotyping, and structural inequality,” which makes disability law a much better option for dealing with such effects.

“Rather than focusing on malicious intent, disability law accepts the impact of even neutral actions, policies, and programs, directly confronting the ways in which social structures, institutions, and norms can ‘substantially limit’ a person’s ability to perform ‘a major life activity,’” the law professor wrote.

Fordham Law News published an excerpt from the forthcoming article, praising Paul-Emile as a “foremost thinker and writer in the areas of law and inequality, race and the law, law and biomedical ethics, and health law,” while declaring she is just the person to furnish “a fresh perspective on racial discrimination.”

(ARTICLE: BREITBART)

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Fordham Law Professor Tells African Americans to Claim Blackness as a ‘Disability’

Being black in America is a ‘disability,’ black law professor argues