E.I. White Chair and Distinguished Professor of Law Robin Paul Malloy’s paper Network Capabilities in Land Use and Disability Law was published in 74 Am. U. L. Rev. 461 (2024).
In the abstract, Malloy writes “In addressing the relationship between land use and disability, we must consider three primary methods for conceptualizing disability. The first is the ‘medical model’, the second is the ‘social construction’ model, and a third, suggested in this Article, is a ‘network capabilities’ model. The network capabilities model frames disability in terms of the built environment and focuses on understanding human capabilities from a land use perspective—that is, in relation to an integrated system of property infrastructure, assistive technology, and inclusive design. This method addresses disability as a regulatory matter focusing on public health, safety, and welfare. It balances concerns for accessibility with pragmatically achievable land planning goals.”
The full paper is available here.