Bradley A. Areheart (University of Tennessee College of Law) & Michael Stein (William & Mary Law School; Harvard Law School) have posted The Disability/Employability Divide: Bottlenecks to Equal Opportunity on SSRN. Here is the abstract:
Joseph Fishkin’s new book, Bottlenecks: A New Theory of Equal Opportunity
, reinvigorates the concept of equal opportunity by simultaneously engaging with its complications and attempting to simplify its ambitions. Fishkin describes bottlenecks as narrow spaces in the opportunity structure through which people must pass if they hope to reach a range of opportunities on the other side. A significant component of the American opportunity structure that is largely unexplored by Bottlenecks relates to people with disabilities. This review applies Fishkin’s theory to explore how disability law and its regulations create and perpetuate bottlenecks that keep people with disabilities from a greater degree of human flourishing. In particular, the opportunity structure of disability policy features a conceptual employability/disability divide that ultimately prevents people with disabilities from passing into a wider array of opportunities. Fishkin’s book, in concert with this review, prompts new and inventive ways of reimagining and implementing structural solutions to these bottlenecks.
