Disability Human Rights

[Excerpt] Responding to the absence of an international treaty expressly protecting people with disabilities, the United Nations General Assembly will soon adopt a disability-based human rights convention. This Article examines the theoretical implications of adding disability to the existing canon of human rights, both for individuals with disabilities and for other under-protected people. It develops a “disability human rights paradigm” by combining components of the social model of disability, the human right to development, and Martha Nussbaum’s version of the capabilities approach, but filters them through a disability rights perspective to preserve that which provides for individual flourishing and modifying that which does not. This Article maintains that Nussbaum’s capabilities approach provides an especially fertile space within which to understand the content of human rights. However, because her scheme excludes some intellectually disabled individuals and conditions the inclusion of others, it falls short of a comprehensive framework. Amending Nussbaum’s capabilities approach to develop the talents of all individuals results in a disability human rights paradigm that recognizes the dignity and worth of every person. This Article also argues that a disability rights paradigm is capable of fortifying human rights in two ways: first, it can reinforce protections afforded to groups already protected, such as women; and second, it can extend protections to people currently not protected, such as sexual minorities and the poor. Ultimately, the disability rights paradigm indicates that human rights protection can progress from a group to an individual basis. Repositioning disability as an inclusive concept embraces disability as a universal human variation rather than an aberration

Spatial interpolation of high-frequency monitoring data

Climate modelers generally require meteorological information on regular grids, but monitoring stations are, in practice, sited irregularly. Thus, there is a need to produce public data records that interpolate available data to a high density grid, which can then be used to generate meteorological maps at a broad range of spatial and temporal scales. In addition to point predictions, quantifications of uncertainty are also needed. One way to accomplish this is to provide multiple simulations of the relevant meteorological quantities conditional on the observed data taking into account the various uncertainties in predicting a space-time process at locations with no monitoring data. Using a high-quality dataset of minute-by-minute measurements of atmospheric pressure in north-central Oklahoma, this work describes a statistical approach to carrying out these conditional simulations. Based on observations at 11 stations, conditional simulations were produced at two other sites with monitoring stations. The resulting point predictions are very accurate and the multiple simulations produce well-calibrated prediction uncertainties for temporal changes in atmospheric pressure but are substantially overconservative for the uncertainties in the predictions of (undifferenced) pressure.Comment: Published in at http://dx.doi.org/10.1214/08-AOAS208 the Annals of Applied Statistics (http://www.imstat.org/aoas/) by the Institute of Mathematical Statistics (http://www.imstat.org

Spatial variation of total column ozone on a global scale

The spatial dependence of total column ozone varies strongly with latitude, so that homogeneous models (invariant to all rotations) are clearly unsuitable. However, an assumption of axial symmetry, which means that the process model is invariant to rotations about the Earth's axis, is much more plausible and considerably simplifies the modeling. Using TOMS (Total Ozone Mapping Spectrometer) measurements of total column ozone over a six-day period, this work investigates the modeling of axially symmetric processes on the sphere using expansions in spherical harmonics. It turns out that one can capture many of the large scale features of the spatial covariance structure using a relatively small number of terms in such an expansion, but the resulting fitted model provides a horrible fit to the data when evaluated via its likelihood because of its inability to describe accurately the process's local behavior. Thus, there remains the challenge of developing computationally tractable models that capture both the large and small scale structure of these data.Comment: Published at http://dx.doi.org/10.1214/07-AOAS106 in the Annals of Applied Statistics (http://www.imstat.org/aoas/) by the Institute of Mathematical Statistics (http://www.imstat.org

The South Won\u27t Rise Again But It\u27s Time to Study the Defunct Confederacy\u27s Constitution

The premise of this essay is not to espouse that the Southern ideological and constitutional theorists were correct. I propose, however, that an understanding of the historical basis of constitutional law, and a recognition of evolving doctrinal issues of Federalism, will enhance law school curriculum. Presentation of these topics dictates the introduction of the Confederate Constitution into the curriculum of required courses and electives. This effort, I propose, would be a prudent step, to be amply repaid in terms of higher understanding and scholarly benefit

Beyond Disability Civil Rights

[Excerpt] This Article argues that to be effective, both domestic and international disability rights must adopt a disability human rights paradigm. Such a framework combines the type of civil and political rights provided by antidiscrimination legislation (also called negative or first-generation rights) with the full spectrum of social, cultural, and economic measures (also called positive or second-generation rights) bestowed by many human rights treaties.16 By acting holistically, this agenda accounts for factors normally exogenous to civil rights laws and ensures that individuals can flourish and participate in their societies. Accordingly, our intention is to share some thoughts on how to best provide disabled citizens with equal opportunity rather than “merely” equal treatment. Internationally, States and civil society organizations have been developing innovative and effective equality measures. We draw on their experiences in providing examples of how disability legislation and policy can be developed to implement a more holistic human rights approach. These lessons are also pertinent for invigorating the ADA