The Paradox of Inclusion: Applying Olmstead’s Integration Mandate in Prisons
In this Essay, I discuss Olmstead and some potential opportunities and barriers to implementing Olmstead’s integration mandate in prisons. In particular, I address what I term the paradox of inclusion with respect to applying the integration mandate in prison. Recognizing that the central features and function of prisons conflict with the animating spirit of Olmstead, I discuss what is at stake in legal advocacy aimed at providing greater access and inclusion for people with disabilities in these carceral spaces. I contend that precisely because Olmstead conflicts with some of the central features and functions of the American punishment system, the Olmstead decision possesses properties that may allow for a more transformative reimagining of the rights of all incarcerated people, in addition to incarcerated people with disabilities.
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