Earp et al. provide a robust justification for the decriminalization of drugs based on the systemic racism that fuels the “war on drugs” and the ongoing harms of drug policies to individuals...

State prescription drug monitoring programs (PDMPs) use proprietary, predictive software platforms that deploy algorithms to determine whether a patient is at risk for drug misuse, drug diversion, doctor shopping, or substance use disorder (SUD). Clinical overreliance on PDMP algorithm‐generated information and risk scores motivates clinicians to refuse to treat—or to inappropriately treat—vulnerable people based on actual, perceived, or past SUDs, chronic pain conditions, or other disabilities. This essay provides a framework for challenging PDMP algorithmic discrimination as disability discrimination under federal (...) antidiscrimination laws, including a new proposed rule interpreting section 1557 of the Affordable Care Act. (shrink)

One of the goals of The Patient Protection and Affordable Care Act is the reduction and elimination of health inequities, generally defined as population-level health differences that adversely affect disadvantaged groups. The ACA provides powerful new tools to collect, analyze, and share standardized data on these inequities. Prior to the ACA, disability was marginalized in data collection efforts, limiting our ability to understand and address significant health inequities experienced by millions of Americans. Now, for the first time, we can use (...) these tools to collect valuable new data on the nature and extent of health inequities experienced by people with disabilities across the country. Standardized health data collection is critical to health equity. (shrink)

Last summer, I was thinking about a public service project for my disability discrimination law course. I teach the course in fall, and try to incorporate a project each year. Integrating a public service project into a traditional doctrinal course fits within the trend toward expanding teaching techniques beyond the case method in order to better prepare students for the practice of law. It was also inspired in part by the Carnegie Foundation's 2007 report, “Educating Lawyers: Preparation for the Profession (...) of Law,” as a way to foster “civic professionalism,” and to “[link] the interests of legal educators with the needs of legal practitioners and with the public the profession is pledged to serve.” That link is especially important to disability discrimination law, as issues critical to the lives of people with disabilities often go unnoticed and unaddressed by people without disabilities. (shrink)

Last summer, I was thinking about a public service project for my disability discrimination law course. I teach the course in fall, and try to incorporate a project each year. Integrating a public service project into a traditional doctrinal course fits within the trend toward expanding teaching techniques beyond the case method in order to better prepare students for the practice of law. It was also inspired in part by the Carnegie Foundation's 2007 report, “Educating Lawyers: Preparation for the Profession (...) of Law,” as a way to foster “civic professionalism,” and to “[link] the interests of legal educators with the needs of legal practitioners and with the public the profession is pledged to serve.” That link is especially important to disability discrimination law, as issues critical to the lives of people with disabilities often go unnoticed and unaddressed by people without disabilities. (shrink)

People with disabilities are often denied equal access to organ transplantation despite long‐standing federal nondiscrimination mandates. Under the Americans with Disabilities Act and the Rehabilitation Act, people cannot be excluded from consideration for organ transplantation because of disability itself, or because of stereotypes or assumptions about the value or quality of life with a disability. Instead, decisions concerning whether an individual is a candidate for organ transplantation should be based on an individualized assessment of the patient and on objective medical (...) evidence. Recent legal developments underscore these basic guarantees and signal a new focus on the policies, practices, and attitudes that continue to compromise equal access to life‐saving organ transplants for people with disabilities. (shrink)

This article examines the unique disadvantages experienced by Black people and other people of color with substance use disorder in health care, and argues that an intersectional approach to enforcing disability rights laws offer an opportunity to ameliorate some of the harms of oppression to this population.

State Medical Boards (SMBs) can take severe disciplinary actions (e.g., license revocation or suspension) against physicians who commit egregious wrongdoing in order to protect the public. However, there is noteworthy variability in the extent to which SMBs impose severe disciplinary action. In this manuscript, we present and synthesize a subset of 11 recommendations based on findings from our team’s larger consensus-building project that identified a list of 56 policies and legal provisions SMBs can use to better protect patients from egregious (...) wrongdoing by physicians. (shrink)

Disability is primarily a social phenomenon -- a way of being a minority, a way of facing social oppression, but not a way of being inherently or intrinsically worse off. This is how disability is understood in the Disability Rights and Disability Pride movements; but there is a massive disconnect with the way disability is typically viewed within analytic philosophy. The idea that disability is not inherently bad or sub-optimal is one that many philosophers treat with open skepticism, and sometimes (...) even with scorn. The goal of this book is to articulate and defend a version of the view of disability that is common in the Disability Rights movement. To be physically disabled is not to have a defective body, but simply to have a minority body. (shrink)

Philosophical theories of gender are typically understood as theories of what it is to be a woman, a man, a nonbinary person, and so on. In this paper, I argue that this is a mistake. There’s good reason to suppose that our best philosophical theory of gender might not directly match up to or give the extensions of ordinary gender categories like ‘woman’.

More than forty years have passed since Congress, in response to the Civil Rights Movement, enacted sweeping antidiscrimination laws in the Civil Rights Act of 1964, the Voting Rights Act of 1965, and the Fair Housing Act of 1968. As a signal achievement of that legacy, in 2008, Americans elected their first African American president. Some would argue that we have finally arrived at a postracial America, butThe Imperative of Integration indicates otherwise. Elizabeth Anderson demonstrates that, despite progress toward (...) racial equality, African Americans remain disadvantaged on virtually all measures of well-being. Segregation remains a key cause of these problems, and Anderson skillfully shows why racial integration is needed to address these issues. Weaving together extensive social science findings--in economics, sociology, and psychology--with political theory, this book provides a compelling argument for reviving the ideal of racial integration to overcome injustice and inequality, and to build a better democracy. -/- Considering the effects of segregation and integration across multiple social arenas, Anderson exposes the deficiencies of racial views on both the right and the left. She reveals the limitations of conservative explanations for black disadvantage in terms of cultural pathology within the black community and explains why color blindness is morally misguided. Multicultural celebrations of group differences are also not enough to solve our racial problems. Anderson provides a distinctive rationale for affirmative action as a tool for promoting integration, and explores how integration can be practiced beyond affirmative action. -/- Offering an expansive model for practicing political philosophy in close collaboration with the social sciences, this book is a trenchant examination of how racial integration can lead to a more robust and responsive democracy. (shrink)

Metaphysical orthodoxy maintains that the relation of ontological dependence is irreflexive, asymmetric, and transitive. The goal of this paper is to challenge that orthodoxy by arguing that ontological dependence should be understood as non- symmetric, rather than asymmetric. If we give up the asymmetry of dependence, interesting things follow for what we can say about metaphysical explanation— particularly for the prospects of explanatory holism.

Darwinian matters : life, force and change -- Biological difference -- The evolution of sex and race -- Nietzsche's Darwin -- History and the untimely -- The eternal return and the overman -- Bergsonian differences -- The philosophy of life -- Intuition and the virtual -- The future.

Why our workplaces are authoritarian private governments—and why we can’t see it One in four American workers says their workplace is a “dictatorship.” Yet that number almost certainly would be higher if we recognized employers for what they are—private governments with sweeping authoritarian power over our lives. Many employers minutely regulate workers’ speech, clothing, and manners on the job, and employers often extend their authority to the off-duty lives of workers, who can be fired for their political speech, recreational activities, (...) diet, and almost anything else employers care to govern. In this compelling book, Elizabeth Anderson examines why, despite all this, we continue to talk as if free markets make workers free, and she proposes a better way to think about the workplace, opening up space for discovering how workers can enjoy real freedom. (shrink)

Social constructionism is often considered a form of anti-realism. But in contemporary feminist philosophy, an increasing number of philosophers defend views that are well-described as both realist and social constructionist. In this paper, I use the work of Sally Haslanger as an example of realist social constructionism. I argue: that Haslanger is best interpreted as defending metaphysical realism about social structures; that this type of metaphysical realism about the social world presents challenges to some popular ways of understanding metaphysical realism.

Climate Change and the Moral Agent examines the moral foundations of climate change and makes a case for collective action on climate change by appealing to moralized collective self-interest, collective ability to aid, and an expanded understanding of collective responsibility for harm.

Disability rights activists often claim that disability is not—by itself—something that makes disabled people worse off. A popular objection to such a view of disability is this: were it correct, it would make it permissible to cause disability and impermissible to cause nondisability. The aim of this article is to show that these twin objections don’t succeed.

Women as commercial baby factories, nature as an economic resource, life as one big shopping mall: This is what we get when we use the market as a common ...

Much recent literature in metaphysics attempts to answer the question, ‘What is metaphysics?’ In this paper I argue that many of the most influential contemporary answers to this question yield the result that feminist metaphysics is not metaphysics. I further argue this result is problematic.

What gender are you? And in virtue of what? These are questions of gender categorization. Such questions are increasingly at the core of many contemporary debat.

In this paper, I argue for a new way of characterizing ontological emergence. I appeal to recent discussions in meta-ontology regarding fundamentality and dependence, and show how emergence can be simply and straightforwardly characterized using these notions. I then argue that many of the standard problems for emergence do not apply to this account: given a clearly specified meta-ontological background, emergence becomes much easier to explicate. If my arguments are successful, they show both a helpful way of thinking about emergence (...) and the potential utility of discussions in meta-ontology when applied to first-order metaphysics. (shrink)

Feminist epistemology and philosophy of science studies the ways in which gender does and ought to influence our conceptions of knowledge, the knowing subject, and practices of inquiry and justification. It identifies ways in which dominant conceptions and practices of knowledge attribution, acquisition, and justification systematically disadvantage women and other subordinated groups, and strives to reform these conceptions and practices so that they serve the interests of these groups. Various practitioners of feminist epistemology and philosophy of science argue that dominant (...) knowledge practices disadvantage women by (1) excluding them from inquiry, (2) denying them epistemic authority, (3) denigrating their “feminine” cognitive styles and modes of knowledge, (4) producing theories of women that represent them as inferior, deviant, or significant only in the ways they serve male interests, (5) producing theories of social phenomena that render women's activities and interests, or gendered power relations, invisible, and (6) producing knowledge (science and technology) that is not useful for people in subordinate positions, or that reinforces gender and other social hierarchies. Feminist epistemologists trace these failures to flawed conceptions of knowledge, knowers, objectivity, and scientific methodology. They offer diverse accounts of how to overcome these failures. They also aim to (1) explain why the entry of women and feminist scholars into different academic disciplines, especially in biology and the social sciences, has generated new questions, theories, and methods, (2) show how gender has played a.. (shrink)

In Epistemic injustice, Miranda Fricker makes a tremendous contribution to theorizing the intersection of social epistemology with theories of justice. Theories of justice often take as their object of assessment either interpersonal transactions (specific exchanges between persons) or particular institutions. They may also take a more comprehensive perspective in assessing systems of institutions. This systemic perspective may enable control of the cumulative effects of millions of individual transactions that cannot be controlled at the individual or institutional levels. This is true (...) not only with respect to the overall distribution of such goods as income and wealth, but also with respect to the goods of testimonial and hermeneutical justice. Cognitive biases that may be difficult for even epistemically virtuous individuals to correct on their own may be more susceptible to correction if we focus on the principles that should govern our systems of testimonial gathering and assessment. Hence, while Fricker’s focus on individual epistemic virtue is important, we also need to consider what epistemic justice as a virtue of social systems would require. My paper will indicate some directions forward on this front, focusing on the need for integration of diverse institutions and persons engaged in inquiry. (shrink)

In this paper I develop a framework for understanding ontic vagueness. The project of the paper is two-fold. I first outline a definitional account of ontic vagueness – one that I think is an improvement on previous attempts because it remains neutral on other, independent metaphysical issues. I then develop one potential manifestation of that basic definitional structure. This is a more robust (and much less neutral) account which gives a fully classical explication of ontic vagueness via modal concepts. The (...) overarching aim is to systematically investigate the puzzling question of what exactly it could be for the world itself to be vague. (shrink)

Th is paper investigates the epistemic powers of democratic institutions through an assessment of three epistemic models of democracy : the Condorcet Jury Th eorem, the Diversity Trumps Ability Th eorem, and Dewey's experimentalist model. Dewey's model is superior to the others in its ability to model the epistemic functions of three constitutive features of democracy : the epistemic diversity of participants, the interaction of voting with discussion, and feedback mechanisms such as periodic elections and protests. It views democracy as (...) an institution for pooling widely distributed information about problems and policies of public interest by engaging the participation of epistemically diverse knowers. Democratic norms of free discourse, dissent, feedback, and accountability function to ensure collective, experimentallybased learning from the diverse experiences of diff erent knowers. I illustrate these points with a case study of community forestry groups in South Asia, whose epistemic powers have been hobbled by their suppression of women's participation. (shrink)

An utterer may convey a message to her intended audience by means of an explicit statement; or by a non‐conventionally mediated one‐off signal from which the audience is able to work out the intended message; or by conversational implicature. I investigate whether the last two are equivalent to explicit testifying, as communicative act and epistemic source. I find that there are important differences between explicit statement and insinuation; only with the first does the utterer assume full responsibility for the truth (...) of what she communicates to her audience. (shrink)

In this paper we aim to disentangle the thesis that the future is open from theses that often get associated or even conflated with it. In particular, we argue that the open future thesis is compatible with both the unrestricted principle of bivalence and determinism with respect to the laws of nature. We also argue that whether or not the future (and indeed the past) is open has no consequences as to the existence of (past and) future ontology.

Many problems of inequality in developing countries resist treatment by formal egalitarian policies. To deal with these problems, we must shift from a distributive to a relational conception of equality, founded on opposition to social hierarchy. Yet the production of many goods requires the coordination of wills by means of commands. In these cases, egalitarians must seek to tame rather than abolish hierarchy. I argue that bureaucracy offers important constraints on command hierarchies that help promote the equality of workers in (...) bureaucratic organizations. Bureaucracy thus constitutes a vital if limited egalitarian tool applicable to developing and developed countries alike. (shrink)

This chapter defends the account of metaphysical indeterminacy of Barnes and Williams against Eklund's objections.

This book addresses fundamental questions about marriage in moral and political philosophy. It examines promise, commitment, care, and contract to argue that marriage is not morally transformative. It argues that marriage discriminates against other forms of caring relationships and that, legally, restrictions on entry should be minimized.

Many problems of inequality in developing countries resist treatment by formal egalitarian policies. To deal with these problems, we must shift from a distributive to a relational conception of equality, founded on opposition to social hierarchy. Yet the production of many goods requires the coordination of wills by means of commands. In these cases, egalitarians must seek to tame rather than abolish hierarchy. I argue that bureaucracy offers important constraints on command hierarchies that help promote the equality of workers in (...) bureaucratic organizations. Bureaucracy thus constitutes a vital if limited egalitarian tool applicable to developing and developed countries alike. (shrink)

In this paper, I argue that whether, how, and to what extent an experience is transformative is often highly contingent. I then further argue that sometimes social conditions are a major factor in whether a certain type of experience is often or typically transformative. Sometimes social conditions make it easy for a type of experience to be transformative, and sometimes they make it hard for a type of experience to be transformative. This, I claim, can sometimes be a matter of (...) social justice: social conditions can make transformativeness too easy or too hard, in a way that harms people. (shrink)

We discuss arguments against the thesis that the world itself can be vague. The first section of the paper distinguishes dialectically effective from ineffective arguments against metaphysical vagueness. The second section constructs an argument against metaphysical vagueness that promises to be of the dialectically effective sort: an argument against objects with vague parts. Firstly, cases of vague parthood commit one to cases of vague identity. But we argue that Evans' famous argument against will not on its own enable one to (...) complete the reductio in the present context. We provide a metaphysical premise that would complete the reductio, but note that it seems deniable. We conclude by drawing general morals from our case study. (shrink)

abstract In this paper I develop a characterization of disability according to which disability is in no way a sub-optimal feature. I argue, however, that this conception of disability is compatible with the idea that having a disability is, at least in a restricted sense, a harm. I then go on to argue that construing disability in this way avoids many of the common objections levelled at accounts which claim that disability is not a negative feature.

: The underdetermination argument establishes that scientists may use political values to guide inquiry, without providing criteria for distinguishing legitimate from illegitimate guidance. This paper supplies such criteria. Analysis of the confused arguments against value-laden science reveals the fundamental criterion of illegitimate guidance: when value judgments operate to drive inquiry to a predetermined conclusion. A case study of feminist research on divorce reveals numerous legitimate ways that values can guide science without violating this standard.

Responsible public policy making in a technological society must rely on complex scientific reasoning. Given that ordinary citizens cannot directly assess such reasoning, does this call the democratic legitimacy of technical public policies in question? It does not, provided citizens can make reliable second-order assessments of the consensus of trustworthy scientific experts. I develop criteria for lay assessment of scientific testimony and demonstrate, in the case of claims about anthropogenic global warming, that applying such criteria is easy for anyone of (...) ordinary education with access to the Web. However, surveys show a gap between the scientific consensus and public opinion on global warming in the U.S. I explore some causes of this gap and argue that democratic reforms of our culture of political discourse may be able to address it. (shrink)

This is the text of The Lindley Lecture for 2014, given by Elizabeth Anderson, an American philosopher.

This paper investigates the epistemic powers of democratic institutions through an assessment of three epistemic models of democracy: the Condorcet Jury Theorem, the Diversity Trumps Ability Theorem, and Dewey's experimentalist model. Dewey's model is superior to the others in its ability to model the epistemic functions of three constitutive features of democracy: the epistemic diversity of participants, the interaction of voting with discussion, and feedback mechanisms such as periodic elections and protests. It views democracy as an institution for pooling widely (...) distributed information about problems and policies of public interest by engaging the participation of epistemically diverse knowers. Democratic norms of free discourse, dissent, feedback, and accountability function to ensure collective, experimentally-based learning from the diverse experiences of different knowers. I illustrate these points with a case study of community forestry groups in South Asia, whose epistemic powers have been hobbled by their suppression of women's participation. (shrink)

Much contemporary egalitarian theorizing is broadly divided between luck egalitarians, such as G. A. Cohen, Richard Arneson, and John Roemer, and relational egalitarians, such as John Rawls, Samuel Scheffler, Josh Cohen, and me. The two camps disagree about how to conceive of equality: as an equal distribution of non-relational goods among individuals, or as a kind of social relation between persons - an equality of authority, status, or standing.This disagreement generates a second, about when unequal distributions of non-relational goods are (...) unjust. Luck egalitarians claim that inequality is unjust when it is accidental: when it is caused by morally arbitrary factors such as circumstances of birth. Relational egalitarians claim that inequality is unjust when it disadvantages people: when it reflects, embodies, or causes inequality of authority, status, or standing. (shrink)