Classification Based on Identities Other Than Race/Ethnicity

This course explores how the Equal Protection Clause applies to disability-based classifications, centering on the Supreme Court's ruling in *City of Cleburne v. Cleburne Living Center*. It integrates critical disability theory to examine how law, capitalism, race, and class intersect to shape the lived realities of disabled people.

Language, Ableism, and Models of Disability
- Define ableism and distinguish between the medical, social, and economic models of disability.
The Historical Context of Institutionalization
- Describe the history of segregation, eugenics, and institutionalization that preceded the disability rights movement's push for independent living.
City of Cleburne v. Cleburne Living Center: The Majority Opinion
- Analyze the Supreme Court's application of rational basis review and its refusal to recognize mental retardation as a quasi-suspect classification.
Justice Marshall's Dissent and the Footnote 4 Debate
- Evaluate Justice Marshall's arguments for heightened scrutiny based on the history of purposeful unequal treatment.
Intersectionality and Lawyering Practice
- Formulate legal arguments that synthesize critical commentaries on race, class, and the carceral state to challenge traditional Equal Protection doctrine.