Perspective on Economic Critiques of Disability Law: The Multifaceted Federal Role in Balancing Equity and Efficiency
Indiana Health Law Review, 2011
36 Pages Posted: 31 Jan 2011 Last revised: 5 May 2013
Date Written: January 31, 2011
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: Suggested Citation