Faculty Bibliography

As the first human rights treaty of the twenty-first century, the United Nations Convention on the Rights of Persons with Disabilities (CRPD, or Convention) has an opportunity to progressively reconfigure the structure and process of human rights oversight. The Convention was opened for signature on March 30, 2007, and entered into force on May 3, 2008. On November 3, 2008, a monitoring Committee on the Rights of Persons with Disabilities (Committee) was elected during the initial Conference of States Parties to protect the rights of the world’s largest minority, some 650 million persons with disabilities. The overall framework for monitoring and implementing the Convention resembles existing core human rights instruments, particularly the Enforced Disappearances treaty that was adopted eight days afterwards. At the same time, the Committee is endowed with several notable innovations of significant potential, especially in the breadth of reporting and investigative procedures, thereby offering prospects for other treaty bodies and the human rights system more generally. Accordingly, this Article examines the development of the CRPD Committee and assesses its potential for invigorating future United Nations monitoring reforms. Part I of the Article describes the Committee established by the United Nations to scrutinize the CRPD and highlights its advances over other human rights treaty bodies. Next, Part II looks at monitoring innovations that were suggested during the CRPD negotiations at a time when treaty body reform was a major subtext, but ultimately were not incorporated into the final instrument. In doing so, Part II considers how adoption of some of these oversight procedures could have affected broader human rights treaty reform efforts at the United Nations. Finally, Part III suggests creative avenues through which the Committee may yet progressively shape the direction of human rights treaty monitoring through innovative practices.

This chapter overviews the UN DIsability Convention’s adoption, summarizes its substantive content, and assesses its future prospects for bettering the life circumstances of the world’s six hundred and fifty million persons with disabilities. Although the CRPD has a remarkably broad transformative potential, we focus here on three areas we feel are most likely to yield immediate results.

The United Nations Convention on the Rights of Persons with Disabilities (CRPD) is the first international human rights instrument that is both applicable to, and legally enforceable by, individuals on the basis of their disability status. Its adoption by the General Assembly culminates a dramatic paradigm shift over the past thirty years regarding the equal place of persons with disabilities in global society, and also advances those principles. Disability rights advocates and their representative organizations have successfully transformed the theoretical underpinnings of international law relating to disabled persons from a medical model to a social model perspective. The CRPD’s adoption cements into place the precepts of the social model of disability, while also advancing a holistic human rights framework. This latter scheme combines civil and political rights as provided by the social model, with social, economic, and cultural rights typically contained in equality measures and development schemes. By providing both types of these interdependent rights, the CRPD endeavors to ensure the equality of persons with disabilities. This chapter briefly recounts the overall shift from notions of welfare towards that of human rights for persons with disabilities in international legal instruments, and discusses some implications of that extraordinary sea change. Further to publisher request only an abstract is furnished.

The key United States law regulating employment discrimination against employees with disabilities is the Americans with Disabilities Act (ADA). Title I of the ADA prohibits employment discrimination against any 'qualified individual with a disability'. This proscription includes traditional prohibitions of 'disparate treatment' and 'disparate impact'. Another form of employment discrimination prohibited by the ADA is the failure to provide a 'reasonable' workplace 'accommodation' to a qualified individual with a disability. The statute defines those individuals as workers who are capable of performing the essential job functions of the respective positions sought, either with or without provision of reasonable accommodations. Because reasonable accommodations are the focus of scholarly and political debate over the ADA, while also being the main innovation in disability employment discrimination worldwide, this chapter focuses on accommodations. Although the ADA is a United States statute, it has had considerable influence on disability-related employment laws internationally. This is true for systemic national laws such as the United Kingdom's Disability Discrimination Act that are closely modeled on the ADA as well as for international acts that borrow specific concepts from the ADA (Stein and Stein 2007). Notably, the ADA's reasonable accommodation mandate has been adopted by the United Nations.

This chapter provides an overview of the background to the UN Disability Convention’s adoption, summarizes the contents of the CRPD, and then assesses its future prospects for improving the lives of the six hundred and fifty million individuals with disabilities worldwide. When looking forward we focus on three areas where we believe the Convention will have the most immediate impact, beginning with more abstract notions that include reconceptualizing disability as a human rights issue and moving thereafter towards more concrete results. [Further to publisher request only an abstract is furnished.]

I recently wrote a book about the future of the Internet. The book's thesis is that the mainstream computing environment we've experienced for the past 30-plus years—dating from the introduction of the first mainstream personal computer, the Apple II, in 1977—is an anomaly. The basic building blocks of modern IT are PCs that anyone can reprogram, connected to an Internet that unquestioningly routes bits between two arbitrary points. This has led to a generative revolution where novel and disruptive technologies have come from obscure backwaters—and conquered. While incumbents bet on (or were) gated-community networks like CompuServe, Prodigy, and AOL, or makers of "smart appliances" such as dedicated word processors and video-game consoles, dark-horse candidates like the Internet and the PC emerged unexpectedly and triumphed, helped along by commercial forces that belatedly hopped on their bandwagons.

Emergency situations arising from natural disasters invariably cause human suffering. It is the responsibility of domestic governments and international humanitarian assistance organizations to minimize this anguish to the greatest extent possible, especially for vulnerable populations. Almost by definition, advance planning is crucial. Yet all too often governments, humanitarian assistance agencies, and other policy makers fail to adopt a disability perspective in natural disaster humanitarian crises situations. With distressing frequency, the disability experience is either neglected completely or lost when cast among other vulnerable groups. Below, we examine these failures in several contexts, and make suggestions for more integrated and disability-appropriate advance planning. We introduce the problem through the lens of United States domestic policy during Hurricanes Katrina and Rita, and then globalize the problem by examining the role of disability and humanitarian assistance programming in the developing world. Our assertion in this chapter is straightforward: considering the disability experience and including persons with disabilities when planning disaster relief in the first instance minimizes human harm and reduces (re)development costs in the future.

"The Dramatic Growth of Government since the New Deal prompts concern among libertarians and conservatives and also among those who worry about government's costs, efficiency, and quality of service. This concern, combined with rising confidence in private markets, motivates the widespread shift of federal and state government work to private organizations. This shift typically alters only who performs the work, not who pays or is ultimately responsible for it. "Government by contract" now includes military intelligence, environmental monitoring, prison management, and interrogation of terrorism suspects." "Outsourcing government work raises questions of accountability. What role should costs, quality, and democratic oversight play in contracting out government work? What tools do citizens and consumers need to evaluate the effectiveness of government contracts? How can the work be structured for optimal performance as well as compliance with public values?" "Government by Contract explains the phenomenon and scope of government outsourcing and sets an agenda for future research attentive to workforce capacities as well as legal, economic, and political concerns."--Jacket. An earlier version of the chapter appeared as an article in: 46 Boston College Law Review 989 (2005).

Kaufman and Wilkins mark the 20th anniversary of Problems in Professional Responsibility for a Changing Profession with a new 5th edition. Their new edition covers judicial, legislative, and executive developments in the traditional fields of conflicting interests and confidentiality, specialty fields of corporate and government representation as well as representation of those with impaired capacity. It also deals with the problems created by the increasing nationalization and internationalization of law practice, including the basic problem of trying to determine whose professional responsibility law governs the activity of lawyers when they engage in activity beyond their home jurisdictions. Various efforts to reform the profession here and abroad to meet the legal needs of clients and would-be clients are also presented. The authors have added substantial new material dealing with the demographics and institutions of law practice and their effect on professional identity.

In December 2005, South Africa's National Prosecuting Authority (NPA) promulgated a controversial policy on the prosecution of apartheid-era crimes, sparking renewed debate about such prosecutions and their role in the transition to democracy since 1994. The book presents a diverse collection of perspectives on prosecutions in South Africa, including a foreword by playwright and actor John Kani. Other reflections from former Truth and Reconciliation Commission (TRC) commissioners, survivors of apartheid, civil society members, and government officials outline the serious questions facing South Africa as it deals with prosecutions today. The book traces the history of the prosecutions in South Africa including their relationship to the TRC and a recent legal challenge that asserts the NPA policy is an unconstitutional re-run of the TRC amnesty process. Throughout, the book highlights the important themes related to any post-conflict prosecution scheme including rule-of-law concerns, questions of evenhandedness and moral relativism, competing priorities and resource allocation, the limits of a court-centered approach to justice, and the potential transformative power of prosecutions.

This article considers the contributions of the CRPD to the development of social rights. More specifically, it tracks the normative content of the social rights to participate in sport, recreation and play and considers the relationship of these rights to the substantive equality vision reflected in the Convention. The article begins by charting the paradigmatic shift from a medical model of disability to a social model and ultimately to a rights-oriented understanding of disability that makes possible an equality approach to dismantling persistent disability discrimination and social marginalization, isolation, and exclusion. Next, it analyzes the conceptual framework for social rights in the CRPD and the connection between State obligations to eliminate disability discrimination and social rights’ guarantees for equal participation in sport, recreation, leisure and play. It further considers the content of CRPD’s Article 30(5). Finally, it explores the implications of these rights for the expressive and socializing effects of the Convention.

This Article reviews the processes by which domestic-level transposition of international human rights norms may occur as a consequence of human rights treaty ratification, or other means of incorporation. Specifically, we consider the transformative vision of the Convention on the Rights of Persons with Disabilities (CRPD or Convention) as a vehicle for fostering national-level disability law and policy changes. In doing so, we outline the challenges and opportunities presented by this new phase in disability rights advocacy, and we draw conclusions that bear generally upon human rights practice and scholarship. We contend that the role of human rights in domestic law and process reflect important dimensions of international law and practice. At the same time, human rights advocates and scholars often fail to account for the potentially mutually constitutive nature of domestication processes and the transformative role that human rights treaties perform within societies. Accordingly, we argue that effective Convention implementation must result in a human rights practice that includes law reform or court-based advocacy, but also moves beyond it to include strategies that support deeper domestic internalization of human rights norms.

This is a review of Mark C. Weber's book DISABILITY HARASSMENT. Weber's work provides powerful evidence of an important but often unacknowledged form of intentional discrimination against people with disabilities. It also provides a doctrinal formulation by which to address this issue, as well as normative arguments for why we should. Weber's work draws insight from social science research suggesting that discomfort and anxiety relating to disability can lead non-disabled people to deliberately stigmatize people with disabilities. Yet a growing body of legal and social science research suggests that the discomfort generated by minorities, women, and people with disabilities in the workplace also leads to less acknowledged, even unconscious forms of discrimination. Like the blunt disability harassment Weber discusses, courts and legislatures have found that this less blatantly recognized variant of discrimination is difficult to confront and address. We therefore address invidious unconscious discrimination in this Review Essay by making the case for why people with psycho-social (also called, mental) disabilities, who are largely considered to be among the most stigmatized individuals, should and can be integrated into the workplace. In doing so, our assertions go beyond legal protections to argue that occupationally integrating individuals with mental disabilities is also beneficial for their co-workers without disabilities. Part I of this Review Essay sets forth Weber's thesis, arguments, and conclusions regarding disability-based harassment. Part II briefly overviews the influence of deeply embedded unconscious discrimination, especially as it affects occupational participation by minority groups, including people with disabilities. Next, Part III provides an initial treatment of why people with mental disabilities normatively should and practically can be incorporated into the workforce. In doing so, we highlight some of the less currently appreciated benefits of integrating these workers. We conclude with a few thoughts on how incorporating individuals with psycho-social disabilities may be seen as part of the overall dynamic of increasing flexibility in the evolving workplace, including some advantages that redound to their non-disabled peers.

Over the past half-century, discussions of constitutional war powers have focused on the scope of the President’s “inherent” power as Commander in Chief to act in the absence of congressional authorization. Professors Barron and Lederman argue that attention should now shift to the fundamental question of whether and when the President may exercise Article II war powers in contravention of congressional limitations, when the President’s authority as Commander in Chief is at its “lowest ebb.” This Article is the second part of a two-part effort to determine how the constitutional argument concerning such preclusive executive war powers is best conceived. In the companion Article, Professors Barron and Lederman described the structural forces responsible for this shift in the ground of debate and demonstrated that evidence from the Founding era does not reveal an original understanding that the Commander in Chief enjoyed preclusive authority over matters pertaining to warmaking. In this Article, they move the story forward and systematically examine how the three branches have actually considered and treated this issue from 1789 to the present day. They examine those cases in which the President has asserted or relied upon a claim of preclusive war powers. They also review the discussions of this issue that have appeared in Supreme Court opinions; in major debates on the floor of Congress; and in the leading constitutional and war powers treatises, articles, and books of the past two centuries. This historical review shows that the view embraced by most contemporary war powers scholars – namely, that our constitutional tradition has long established that the Commander in Chief enjoys some substantive powers that are preclusive of congressional control with respect to the command of forces and the conduct of campaigns – is unwarranted. In fact, Congress has been an active participant in setting the terms of battle and the conduct and composition of the armed forces and militia more generally, while the Executive (at least until recently) generally has accepted such legislative constraints as legitimate. Although history is not dispositive of the constitutional question, legislators and executive branch actors should not abandon two hundred years of historical practice too hastily, and should resist the new and troubling claim that the Executive is entitled to unfettered discretion in the conduct of war.

An Interdisciplinary Approach to Budget Policy Elizabeth Garrett, Elizabeth A. Graddy, Howell E. Jackson. 6 Counting the Ways The Structure of Federal Spending Howell E. Jackson In the realm of budget policy, numbers are important. ... and suggestions from participants at the February 2006 Conference on Fiscal Challenges: An Interdisciplinary Approach to Budget Policy held at USC Law School and ...

Writing with prescience, Professor Jacobus tenBroek eloquently argued mid-century on behalf of participatory justice for individuals with disabilities. Nothing “could be more essential to personality, social existence, [and] economic opportunity” he determined, “than the physical capacity, the public approval, and the legal right to be abroad in the land.” Some fifty years later, Professor tenBroek’s “right to live in the world” -- the ability of persons with disabilities to have equally meaningful contact with the population at large -- became a central feature of the values underlying the United Nations Convention on the Rights of Persons with Disabilities (hereinafter CRPD, or Convention), the first human rights treaty of the twenty-first century. Accordingly, this Article explores the extent and manner that participatory justice animates the CRPD, first as a general matter and then specifically in reference to Article 30, the provision governing the o! bligations of States Parties to “[p]articipation in cultural life, recreation, leisure and sport.” Part I sets forth Professor tenBroek’s jurisprudence in regard to participatory justice. Next, Part II highlights aspects of the Convention that are especially notable for their substantive and procedural inclusion of persons with disabilities and reflective of a deeply participatory model of justice that is consistent with Professor tenBroek’s vision. Part III illustrates these assertions by focusing on CRPD Article 30 and its mandate for inclusive cultural life, recreation, leisure and sport, and explains that provision’s practical significance for the worldwide community of persons with disabilities. We conclude with a few reflections on the Convention’s future impact as a vehicle for social change.

The first decision of an injured worker suing his master for a workplace accident was reported in 1837, the year of Queen Victoria's ascension. The second Workman's Compensation Act, a comprehensive social insurance scheme, was passed in 1900, a few months before her death. The Article provides an initial account of the development of employers' liability to their servants for work-related injuries during the Victorian era. It demonstrates that English judges, and especially the Barons of the Exchequer, interpreted the law to resist employers' liability. The means these judges used included creating the defence of common employment, widely applying the doctrines of assumption of the risk and contributory negligence, quashing nearly every innovative attempt to create law favourable to labourers, and avoiding House of Lords precedent that supported a limited form of liability. The Article argues that the dominant influence of political economy as an intellectual schema provides the most complete account of why Victorian judges acted in this manner. It also demonstrates that the three leading rationales for the parallel development of American tort law (judicial restraint, the invisible hand hypothesis, and the subsidy theory) fall short as explanations. By setting forth the first comprehensive treatment of the evolution of English employer/employee liability, the Article provides a comparative perspective into the debate over the development of American tort law, and challenges its reinterpretation. The considerable weaknesses of the traditional historical explanations for the development of tort law when applied to the English context suggest that they may not be as strong for the American context. The Article demonstrates that historical inquiries are important for understanding novel applications of traditional legal doctrines to rapidly changing technological circumstances. Many of the same dilemmas faced by English judges in the aftermath of the Industrial Revolution are being reprised for contemporary American jurists. Understanding how a previous generation of judges approached similar jurisprudential quandaries, as well as what motivated their decisions, lends insight to modern-day struggles with these dilemmas.

Catharine A. MacKinnon. are women human ? And Other International Dialogues CATHARINE A... MABKINNIJN are women human? and other international dialogues. Front Cover.

This Article argues that to be effective both domestic and international disability rights must adopt a disability human rights paradigm. Such a framework combines the type of civil and political rights provided by antidiscrimination legislation (also called negative or first-generation rights) with the full spectrum of social, cultural, and economic measures (also called positive or second-generation rights) bestowed by many human rights treaties. By acting holistically, this agenda accounts for factors normally exogenous to civil rights laws and ensures that individuals can flourish and participate in their societies. Accordingly, our intention is to share some thoughts on how to best provide disabled citizens with equal opportunity rather than “merely” equal treatment. Internationally, States and civil society organizations have been developing innovative and effective equality measures. We draw on their experiences in providing examples of how disability legislation ! and policy can be developed to implement a more holistic human rights approach. These lessons are also pertinent for invigorating the ADA. The Article proceeds as follows: Parts I and II briefly overview the origins, moral salience, and limitations of the social model’s disability civil rights agenda. Next, Part III advocates for a more integrated, human rights-based approach to disabled empowerment based on a disability human rights paradigm as exemplified by the forthcoming UN Disability Rights Convention. Finally, Part IV briefly illustrates how international practices, in line with a disability human rights based framework can facilitate the development of more effective disability legislation and policy.

Imagine if Boston had only one revenue source: a tax on shopping mall sales. You know what would happen. The city would do everything it could to attract shopping malls in order to pay for schools, police, fire services, and everything else. It wouldn't matter whether the city actually wanted more shopping malls. Shopping malls would have to be encouraged, and the mall tax would influence every facet of city policy. Zoning officials would be attentive to the concerns of mall developers. Transportation policy would focus on the needs of suburban consumers. Requests for security near Bloomingdale's would influence the allocation of police patrols. And residents seeking bonds for low-cost housing or protection against crime in city parks would have a hard time getting heard. These differences matter. Current economic forces reward cities with the ability to respond creatively and flexibly to fast-changing conditions. Urban centers that can't pursue cutting-edge economic development strategies, or respond boldly to the special challenges urban success may bring, risk slipping slowly but surely behind their competitors. Boston's ability to compete in an increasingly globalized market for urban economic development is directly connected to the state's willingness to loosen the reigns of power. Thanks to private innovation, public sector investments, and a good deal of luck, Boston has managed to succeed despite its highly constrained legal structure. But there are troubling signs on the horizon. Again and again, our study found that other cities are using their legal powers to capitalize on their recent successes in ways that Boston cannot. Chicago completed its widely praised Millennium Park with a degree of independence that, as the interminable debates over control of the Rose Kennedy Greenway demonstrate, Boston can only marvel at. Denver has relied on its home rule powers to contain spiraling municipal employment costs in ways that Massachusetts precludes Boston from doing.

Ever since Grotius first suggested that desire for esteem from the broader global community motivates States to comply with international law, identifying just how this desire effects compliance has proven illusive. The ability to harness the pull of international society is important to virtually all treaty formation and compliance. It is especially important in the area of human rights regimes where other compliance forces such as coercion, are rarely, if ever, used. Recent empirical evidence, however, suggests that human rights regimes are ineffective. Indeed, in many situations this evidence suggests that the human rights practices of States that ratify such treaties may actually worsen after ratification. The need to understand how, or whether, the pull of international society influences state behavior, thus, has never been greater. This Article provides an initial detailed model of the forces motivating human rights treaty creation and compliance by drawing on evolving expressive law literature. It begins by setting forth a need-reinforcement model that explains how normative pressure influences rational actors to alter their behavior and beliefs while seeking regard from other group members. Next, the Article applies this model to State treaty ratification and compliance, and describes how treaties exert expressive effects that lead rational States to change their behavior because of their desire to be part of and esteemed by the global community. The Article then demonstrates how an expressive theory harmonizes the contributions of divergent international law scholars into a more complete theory of why States enter into and obey international law. In doing so, it provides a framework from which regime design implications can be drawn.

Part I of this Review sets forth Nussbaum’s version of the capabilities approach, and her arguments why that framework is preferable as a theory of justice to Rawls’s version of social contract theory. Next, Part II describes in greater detail Nussbaum’s application of the capabilities approach to persons with disabilities and considers its implications. In Part III, we apply Nussbaum’s capability theory to current disability law jurisprudence and assess the extent of the practical guidance her book offers to courts when deciding disability rights cases. Even if philosophers take themselves to be developing ideal theories of justice, a fair test of the plausibility and power of their views lies in how well the conceptions they devise line up with, and account for, our intuitions about what counts as just treatment under the law. Therefore, while acknowledging that Nussbaum pursues Rawls’s footsteps along the path of ideal theory, we believe that examining how her theory plays out in the context of real and problematic disability cases, and how her approach would affect jurisprudence, will illuminate some of its strengths and disclose some of its limitations.

Responding to the absence of an international treaty expressly protecting people with disabilities, the United Nations General Assembly will soon adopt a disability-based human rights convention. This Article examines the theoretical implications of adding disability to the existing canon of human rights, both for individuals with disabilities and for other under-protected people. It develops a "disability human rights paradigm" by combining components of the social model of disability, the human right to development, and Martha Nussbaum's version of the capabilities approach, but filters them through a disability rights perspective to preserve that which provides for individual flourishing and modifying that which does not. This Article maintains that Nussbaum's capabilities approach provides an especially fertile space within which to understand the content of human rights. However, because her scheme excludes some intellectually disabled individuals and conditions the inclusion of others, it falls short of a comprehensive framework. Amending Nussbaum's capabilities approach to develop the talents of all individuals results in a disability human rights paradigm that recognizes the dignity and worth of every person. This Article also argues that a disability rights paradigm is capable of fortifying human rights in two ways: first, it can reinforce protections afforded to groups already protected, such as women; and second, it can extend protections to people currently not protected, such as sexual minorities and the poor. Ultimately, the disability rights paradigm indicates that human rights protection can progress from a group to an individual basis. Repositioning disability as an inclusive concept embraces disability as a universal human variation rather than an aberration.

An injurer undertakes precautions to reduce both the probability and the severity of an accident. The damages that the victim suffers are privately observed, and will be verified at a cost if the case is litigated. While finely tuned damage awards induce the injurer to take appropriate precautions ex ante, they increase the probability that the litigants will disagree about the case, and thereby aggravate the settlement process. Flat damage awards reduce the level of costly litigation, but lead to underinvestment in precautions. We show that when the litigation costs are small the optimal award is finely tuned to the actual damages, and when litigation costs are large the optimal award is a flat penalty. Applications to scheduled damages and workers' compensation are discussed.

This article is based on the exciting discovery of a never before printed Law Commonplace, written by the 18th-century lawyer and patriot, Josiah Quincy, Junior. Quincy was co-counsel with Adams in the famous Boston Massacre Trial, a leader of Committee on Correspondence and the Sons of Liberty, and author of the first American law reports. His Law Commonplace provides an exceptional window into the political, racial and gender controversies of the evolving American legal system, and profoundly challenges our conventional views on the origin of American legal education. In certain areas, particularly jury trial, it also has present constitutional significance, as compelling evidence of the state of the law referenced by the Seventh Amendment.

Following Title VII's enactment, group-based employment discrimination actions flourished due to disparate impact theory and the class action device. Courts recognized that subordination which defined a group's social identity was also sufficient to legally bind members together, even when relief had to be issued individually. Interwoven through these cases was a notion of panethnicity that united inherently unrelated groups into a common identity, for example, Asian Americans. Stringent judicial interpretation subsequently eroded both legal frameworks and it has become increasingly difficult to assert collective employment actions, even against discriminatory practices affecting an entire group. This deconstruction has immensely disadvantaged persons with disabilities. Under the Americans with Disabilities Act ("ADA"), individual employee claims to accommodate specific impairments, such as whether to install ramps or replace computer screens, have all but eclipsed a coherent theory of disability-based disparate impact law, and the class action device has been virtually non-existent in disability discrimination employment cases. The absence of collective action has been especially harmful because the realm of the workplace is precisely where group-based remedies are needed most. Specifically, a crucial but overlooked issue in disability integration is the harder-to-reach embedded norms that require job and policy modifications. The Article argues that pandisability theory serves as an analogue to earlier notions of panethnicity and provides an equally compelling heuristic for determining class identity. It shows that pandisability undergirds ADA public service and public accommodation class actions where individualized remedy assessments have been accepted as part of group-based challenges to social exclusion. The Article also demonstrates that this broader vision of collective action is consistent with the history underlying the class action device. Taking advantage of the relatively blank slate of writing on group-based disability discrimination, it offers an intrepid vision of the ADA's potential for transforming workplace environments. In advocating for a return to an earlier paradigm of collective action in the disability context, the Article also provides some thoughts for challenging race and sex-based discrimination.

Domestic policies and domestic legal rules largely determine the legal status of cities, and these rules have a major influence on both the experience of city life and the practice of local self-government. Today, this traditional way of creating local government law is changing. Parties negotiating international trade agreements, international tribunals arbitrating commercial disputes, United Nations' rapporteurs investigating compliance with human rights obligations, and international financial institutions formulating development policy are expressing interest in the legal relationship between cities and their national governments. This new development is examined by way of three goals. First, it is demonstrated that a focus on international local government differs from other ways in which scholars have begun to think about cities and their place in the world. It is explained that the study of international local government law emphasizes cities' roles as simultaneously subordinate domestic governments and independent international actors. Second, the topic of international local government law is introduced into the field of international law. Focus is on decisions by international arbitration tribunals regulating cities' ability to control land use development. Finally, an analytic framework for evaluating the content of international local government law at this initial stage of its development is proposed.