Backlash against the unknown or lesser known is nothing new. Neurodiversity, particularly autism, has come under recent scrutiny and received significant backlash due to outdated stereotypes and misinformation.[1] However, this viewpoint of autism, and neurodiversity in general, is misguided.
Autistic persons can be—and are—thoughtful, smart, and empathetic. Some even work within the legal academy or in practice.[2] But being autistic or neurodivergent means learning how to navigate the challenges we face while also understanding some of our own strengths.
As a late-diagnosed neurodivergent adult, some days I still struggle to accept parts of myself when I face challenges. Other days it is so evident who I am (and have always been) that I cannot help but to clearly see how a specific strength has manifested positively at work or in life.
Understanding the strengths and challenges that our neurodivergent law students face requires us to look at the surrounding context. “Context is key . . . because in one situation, one set of traits can be highly beneficial and in another situation, those same traits can be ‘crippling.’”[3] One neurodivergent law student may be strong at performing under timed pressure, such as on exams, and may be otherwise challenged by communicating effectively with neurotypical judges and witnesses in moot court or mock trial experiences. Another neurodivergent law student may have the opposite strengths and challenges. Neither of these things, however, mean that the student will not be able to succeed in law school or even in practice. Instead, we need extra support,[4] therapy,[5] training,[6] or mentorship[7] to better manage our challenges, build new skills, and find our personal path to successful practice.[8]
Doing so sets neurodivergent law students up for success as they learn to lean into their strengths and how to better support the challenges they face. “For most, [autism] is an endless fight against schools, workplaces, and bullies. But under the right circumstances, give the right adjustment, it CAN be a superpower.”[9] As legal educators who have neurodivergent students in our halls, we need to reframe how we talk about neurodiversity broadly, and autism specifically, especially given the recent problematic framing that has been repeated in more public spheres.[10]
Reframing how we talk about neurodiversity into a spectrum of strengths and challenges is important for our neurodivergent law students in several ways. For one, it helps pivot incorrect narratives, driven by the medical model of understanding neurodiversity, that all neurodivergent adults are incapable of being productive members of society because something is “wrong” with us.[11] It also helps one to empathize more with neurodivergent persons to understand that just like a neurotypical person may have good and bad days, more- and less-productive days, we similarly struggle—just doing so with fewer spoons[12] to get us through the day. Finally, it helps us to recognize that neurodivergent people are everywhere around us.
No single one of us is more or less valuable[13] because of what contributions we can or cannot offer to a society that was not built with us in mind. We each have strengths and challenges that we face based on how our neurodivergence presents, but that doesn’t necessarily make us a superhero—it makes us a person equally owed respect and consideration.
(Erica Lux)
[1] Jen Christensen, Brenda Goodman, & Meg Tirrell, Trump Links Autism to Acetaminophen Use During Pregnancy, Despite Decades of Evidence It’s Safe, CNN (Sept. 23, 2025), https://www.cnn.com/2025/09/22/health/trump-autism-announcement-cause-tylenol; but see Ashley Bell, What Causes Autism? Is Autism Genetic or Environmental?, UCLA David Geffen School of Medicine (April 10, 2024),https://medschool.ucla.edu/news-article/is-autism-genetic (stating that up to 1,000 genes and inherited genetic mutations mostly impact autism susceptibility, while prenatal exposure to certain environmental elements are relatively rare in indicating autism). Increases in rates of autism are due to a number of factors, including “awareness, testing, and diagnoses [that] have evolved to capture patients that were previously unrecognized or diagnosed with something different—not so much because instances of autism have actually increased.” Bell, supra note 1.
[2] See, e.g., Haley Moss, Who I Am?, Haley Moss, https://haleymoss.com/about/ (last visited Oct. 1, 2025); Riley Roliff, Queer, Autistic, Empowering: An Ohio Law Professor Busts Norms & Transforms the Classroom, The Buckeye Flame (June 9, 2023), https://thebuckeyeflame.com/2023/06/09/queer-autistic-empowering-csu-law-professor/; Joel Brown, A Very Different Path to Excellence, BU Today (May 16, 2017), https://www.bu.edu/articles/2017/gary-lawson-metcalf-award-for-excellence-in-teaching/; Ian Karbal, Pennsylvania’s Autistic Lawmakers Condemn Trump-Kennedy Approach to the Disorder, Penn. Capital-Star (Sept. 24, 2025),https://penncapital-star.com/health/pennsylvanias-autistic-lawmakers-condemn-trump-kennedy-approach-to-the-disorder/; Peter O’Neil, My So-Called ‘Disorder’ Made Me a Better Attorney, Seattle Times (May 12, 2023), https://www.seattletimes.com/opinion/my-so-called-disorder-made-me-a-better-attorney/. I am also a neurodivergent attorney and legal educator.
[3] Jenara Nerenberg, Divergent Mind: Thriving in a World That Wasn’t Designed for You 72 (2020) (quoting Harvard neurologist Joel Salinas as to whether being neurodivergent is a gift, curse, or none of the above).
[4] See e.g., Katherine Silver Kelly, Be Curious Not Judgmental: Neurodiversity in Legal Education, 78(2) Ark. L. Rev. (2025).
[5] See e.g., Barbara L. Kornblau & Scott Michael Robertson, Guest Editorial: Special Issue on Occupational Therapy with Neurodivergent People, 75(3) Am. J. of Occupational Therapy (2021).
[6] See e.g., Sarah Schlossberg, ADHD and Me: Strategies for Lawyers with Executive Functioning Challenges, 68 Prac. Law. 3 (April 2022).
[7] See e.g., Bill Wong et al., The Importance of Neurodivergent Mentorship for the Development of Professional Identity, 6(1) Neuroscience Rsch. Notes 167 (2023).
[8] See e.g., Stephanie Francis Ward, For Lawyers with Autism, the Work Often Pairs Up with Things They Do Well, ABA J. (Apr. 22, 2019, 6:30 AM CDT),https://www.abajournal.com/web/article/for-lawyers-with-autism-the-work-often-pairs-up-with-things-they-do-well.
[9] Maija Kappler, Greta Thunberg Opens Up About Her Asperger’s Syndrome, HuffPost (Sept. 19, 2019), https://www.huffpost.com/archive/ca/entry/greta-thunberg-aspergers_ca_5d6c2d31e4b09bbc9ef0e7db (quoting activist Greta Thunberg).
[10] Bethany Braun-Silva, RFK Jr.’s Comments on Autism Draw Reactions from Parents & Experts, ABCNews (Apr. 17, 2025), https://abcnews.go.com/GMA/Wellness/parents-experts-react-rfk-jrs-autism-claims/story?id=120911306 (pushing back on Health and Human Services Secretary Robert F. Kennedy Jr.’s problematic comments that autism “destroys families” and autistic children will never be productive or have meaningful relationships); Karbal, supra note 2.
[11] Haley Moss, Great Minds Think Differently: Neurodiversity for Lawyers & Other Professionals 9–13 (2021).
[12] Megan Anna Neff, Spoon Theory for Autism & ADHD: The Neurodivergent Spoon Drawer, Neurodivergent Insights (July 13, 2022), https://neurodivergentinsights.com/the-neurodivergent-spoon-drawer-spoon-theory-for-adhders-and-autists/.
[13] Being a productive member of society is not what gives someone value; being a human being, a person, is what gives someone value.
