Disability and the Law of Welfare

A Post-Integrationist Examination

Recent years have seen dramatic changes in the way persons with disabilities are treated by the government. Current programs, however, still fail to adequately meet the needs of such individuals. In this article, Professor Weber explores the law of welfare relating to persons with disabilities and examines developments in disability theory. He contrasts discrimination law with welfare law and com-pares three theories of disability equality-custodialism, integrationism, and post-integrationism-critiquing integration theory and developing a framework for a new theory. Professor Weber explores existing welfare programs and then concludes by proposing nine reforms, that all take into account post-integrationist insights and share the goal of shifting the costs of disability from persons who are disabled to the population as a whole. * Professor of Law, DePaul University. B.A. 1975, Columbia; J.D. 1978, Yale.

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