Document Type

Article

Publication Date

1-1-2008

Abstract

This Article examines the correlation between the Court's perception and its resolution of the constitutional issues, most dramatically exhibited in Atkins. Part II of this Article briefly examines the history of discrimination against persons with mental retardation. Part III of this Article traces the history of the Court's decisions involving persons with mental retardation, giving special attention to the way in which the Justices' opinions reveal their apparent understanding of mental retardation and the relationship between individuals who have the disability and the law.5 Finally, Part IV addresses the Atkins opinion itself, with emphasis on the Court's understanding of mental retardation.

Publication Title

DePaul Law Review

Volume

57

Issue

57

First Page

653

Last Page

666

Keywords

disability law

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