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Disability Law Commons

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University of Pennsylvania Law School

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Articles 1 - 9 of 9

Full-Text Articles in Disability Law

Rethinking Judicial Review Of High Volume Agency Adjudication, Jonah B. Gelbach, David Marcus Sep 2017

Rethinking Judicial Review Of High Volume Agency Adjudication, Jonah B. Gelbach, David Marcus

Faculty Scholarship at Penn Law

Article III courts annually review thousands of decisions rendered by Social Security Administrative Law Judges, Immigration Judges, and other agency adjudicators who decide large numbers of cases in short periods of time. Federal judges can provide a claim for disability benefits or for immigration relief the sort of consideration that an agency buckling under the strain of enormous caseloads cannot. Judicial review thus seems to help legitimize systems of high volume agency adjudication. Even so, influential studies rooted in the gritty realities of this decision-making have concluded that the costs of judicial review outweigh whatever benefits the process creates.

We ...


The Poverty Of The Neuroscience Of Poverty: Policy Payoff Or False Promise?, Amy L. Wax Jan 2017

The Poverty Of The Neuroscience Of Poverty: Policy Payoff Or False Promise?, Amy L. Wax

Faculty Scholarship at Penn Law

A recent body of work in neuroscience examines the brains of people suffering from social and economic disadvantage. This article assesses claims that this research can help generate more effective strategies for addressing these social conditions and their effects. It concludes that the so-called neuroscience of deprivation has no unique practical payoff, and that scientists, journalists, and policy-makers should stop claiming otherwise. Because this research does not, and generally cannot, distinguish between innate versus environmental causes of brain characteristics, it cannot predict whether neurological and behavioral deficits can be addressed by reducing social deprivation. Also, knowledge of brain mechanisms yields ...


A Study Of Social Security Disability Litigation In The Federal Courts, Jonah B. Gelbach, David Marcus Jul 2016

A Study Of Social Security Disability Litigation In The Federal Courts, Jonah B. Gelbach, David Marcus

Faculty Scholarship at Penn Law

A person who has sought and failed to obtain disability benefits from the Social Security Administration (“the agency”) can appeal the agency’s decision to a federal district court. In 2015, nearly 20,000 such appeals were filed, comprising a significant part of the federal courts’ civil docket. Even though claims pass through multiple layers of internal agency review, many of them return from the federal courts for even more adjudication. Also, a claimant’s experience in the federal courts differs considerably from district to district around the country. District judges in Brooklyn decide these cases pursuant to one set ...


Masthead, Editors Jan 2011

Masthead, Editors

University of Pennsylvania Journal of Law and Social Change

No abstract provided.


Mining The Intersections: Advancing The Rights Of Women And Children With Disabilities Within An Interrelated Web Of Human Rights, Rangita De Silva De Alwis Jan 2009

Mining The Intersections: Advancing The Rights Of Women And Children With Disabilities Within An Interrelated Web Of Human Rights, Rangita De Silva De Alwis

Faculty Scholarship at Penn Law

No abstract provided.


Unfinished Business: The Fading Promise Of Ada Enforcement In The Federal Courts Under Title I And Its Impact On The Poor, Louis S. Rulli, Jason A. Leckerman Jan 2005

Unfinished Business: The Fading Promise Of Ada Enforcement In The Federal Courts Under Title I And Its Impact On The Poor, Louis S. Rulli, Jason A. Leckerman

Faculty Scholarship at Penn Law

No abstract provided.


Disability, Reciprocity, And 'Real Efficiency': A Unified Approach, Amy L. Wax Nov 2002

Disability, Reciprocity, And 'Real Efficiency': A Unified Approach, Amy L. Wax

Faculty Scholarship at Penn Law

The Americans with Disabilities Act (ADA) requires private employers to offer reasonable accommodation to disabled persons capable of performing the core elements of a job. Some economists have attacked the statute as ill-advised and inefficient. In examining the efficiency of the ADA, this article analyzes its cost-effectiveness against the following social and legal background conditions: First, society will honor a minimum commitment to provide basic support to persons - including the medically disabled - who, through no fault of their own, cannot earn enough to maintain a minimally decent standard of living. Second, legal and pragmatic factors, including "sticky" or rigid compensation ...


Poverty, Welfare Reform, And The Meaning Of Disability, Jennifer Pokempner, Dorothy E. Roberts Jan 2001

Poverty, Welfare Reform, And The Meaning Of Disability, Jennifer Pokempner, Dorothy E. Roberts

Faculty Scholarship at Penn Law

No abstract provided.


Procedural Rulemaking Under The Judicial Councils Reform And Judicial Conduct And Disability Act Of 1980, Stephen B. Burbank Dec 1982

Procedural Rulemaking Under The Judicial Councils Reform And Judicial Conduct And Disability Act Of 1980, Stephen B. Burbank

Faculty Scholarship at Penn Law

No abstract provided.