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The Legal Regulation of Behaviour as a Disability

Funding: 2015: $71,801
2016: $68,100
2017: $58,315
2018: $74,445

Project Member(s): Karpin, I., O'Connell, K.

Funding or Partner Organisation: Australian Research Council (ARC Discovery Projects)

Start year: 2015

Summary: This project provides a comprehensive analysis of the legal issues raised by the expansion of the category of behavioural disability. It will ensure that laws which seek to regulate people with challenging behaviour maximise social and economic participation by taking full account of the goals of equality and social inclusion. It will provide a nuanced legal model that responds to the challenge of behavioural disability and contributes to federal and state action on disability law reform.

Publications:

Karpin, I 2018, 'Vulnerability and the Intergenerational Transmission of Psychosocial Harm', Emory Law Journal, vol. 67, no. 6, pp. 1115-1134.
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Karpin, IA 2017, 'Health law and People with Disability' in Farrell, AM, Devereux, J, Karpin, IA & Weller, P (eds), Health Law Frameworks and Context, Cambridge University Press, Cambridge UK, pp. 293-305.
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O'Connell, K 2017, 'Eccentricity: the case for undermining legal categories of disability and normalcy', Continuum: Journal of Media and Cultural Studies, vol. 31, no. 3, pp. 325-364.
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Karpin, I 2016, 'Regulatory Responses to the Gendering of Transgenerational Harm', Australian Feminist Studies, vol. 31, no. 88, pp. 139-153.
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O'Connell, K 2016, 'Unequal Brains: Disability Discrimination Law and Children with Challenging Behaviour', Medical Law Review, vol. 24, no. 1, pp. 76-98.
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Karpin, I & O'Connell, K 2015, 'Stigmatising the 'Normal': The Legal Regulation of Behaviour as a Disability', University of New South Wales Law Journal, vol. 38, no. 4, pp. 1461-1483.

Keywords: disability law, reproduction law, discrimination law, social inclusion, behavioural disability

FOR Codes: Law and Society, Justice and the Law not elsewhere classified, Human Rights and Justice Issues, Civil Justice, Law and Legal Studies not elsewhere classified, Law Reform