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

36 Pages Posted: 31 Jan 2011 Last revised: 5 May 2013

Elizabeth Burleson

BurlesonInstitute.org; London School of Economics (LSE)

Date Written: January 31, 2011

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.

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

Suggested Citation

Burleson, Elizabeth, Perspective on Economic Critiques of Disability Law: The Multifaceted Federal Role in Balancing Equity and Efficiency (January 31, 2011). Indiana Health Law Review, 2011; FSU College of Law, Public Law Research Paper No. 480. Available at SSRN: https://ssrn.com/abstract=1752085

Elizabeth Burleson (Contact Author)

BurlesonInstitute.org ( email )

London School of Economics (LSE) ( email )

Houghton Street
London, WC2A 2AE
United Kingdom

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