Perspective on Economic Critiques of Disability Law: The Multifaceted Federal Role in Balancing Equity and Efficiency

Abstract:     
Given the recent enactment of the ADA Amendments Act, this article analyzes a Rawlsian philosophical framework with which to view society’s treatment of people with disabilities. Allocation of resources remains a pervasive concern of economists and attorneys alike. Need, merit, and market compete as means by which to decide who should receive what benefits. This article concludes that while economics can play a powerful role in the initial allocation of limited resources there remains a multifaceted federal role to confront discrimination and promote equity.

Number of Pages in PDF File: 36

Keywords: ADA Amendments Act ADAAA, Rawls, equity, allocation of limited resources, Americans with Disabilities Act of 1990 ADA, Arline, Individuals with Disabilities Education Act (IDEA), Section 504 of the Rehabilitation Act, Rowley, discrimination, civil rights

JEL Classification: A1, C7, D63, D7, H1, H4, H52, H77, I, I3, J15, J6, J7, J70, J71, K, K00, K1, K3, K31, K39, K4, L49

Accepted Paper Series