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Response to Elizabeth F. Emens, Integrating Accommodation

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Accomodating Integration, Martha Minow, In response to Elizabeth F. Emens, Integrating Accommodation, 156 U. PA. L. REV. 839 (2008).

  • “In Integrating Accommodation, Elizabeth Emens commendably scrutinizes what could be called the “positive externalities” of disability accommodation and sharpens the policy choices that their recognition should present. With useful analytic tools, Emens effectively outlines emerging choices that pertain to 1) how much value should be given to the benefits to others from the accommodations; 2) what relative priority should be given to others compared with the initial disabled claimant; and 3) what specific changes in regulatory regimes can and should be pursued to enhance the positive externalities without raising too many costs, whether in terms of costs or competing values…This Response explores how an important source of Emens’ analysis also gives rise to a potential obstacle to its implementation.”
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