The eJournal is sponsored by the Syracuse University College of Law Disability Law and Policy (DLP) Program of the Syracuse University Center on Human Policy, Law, and Disability Studies (CHPLDS). The DLP Program sponsors a range of law school academic programs and co-curricular activities, including the first joint degree program in law and disability studies. The Program is part of the CHPLDS which is the first such university-wide network of academic programs, centers, student organizations, and affiliated faculty whose research, teaching, and advocacy promotes the rights of people with disabilities locally, nationally, and globally.

Table of Contents

The Dark Figure of Disablist Violence

Ryan Thorneycroft, University of Western Sydney - School of Applied Social and Human Sciences
Nicole Asquith, University of Western Sydney - School of Applied Social and Human Sciences

Explaining ADA Employment Discrimination Charges over the Business Cycle

Christopher L. Griffin, William & Mary Law School

Medicaid Planning for Long Term Care: California Style

John A. Miller, University of Idaho College of Law
Vanessa S. Stroud, Law Office of Vanessa Stroud

Sponsored by Syracuse University Disability Law & Policy (DLP) Program

"The Dark Figure of Disablist Violence" Fee Download
The Howard Journal of Criminal Justice, Vol. 54, Issue 5, pp. 489-507, 2015

RYAN THORNEYCROFT, University of Western Sydney - School of Applied Social and Human Sciences
NICOLE ASQUITH, University of Western Sydney - School of Applied Social and Human Sciences

While there is a paucity of research pertaining to the phenomenon of disablist violence, one key feature has emerged: it is widely under?reported and under?recorded. The reasons for this are diverse: many are representative of reporting issues attributable to all forms of (hate) crime, and others are unique to the individual and social conditions of living with a disability (Sin [Sin, C.H., 2013]). This article provides a conceptual and contextual overview of disablist violence before proceeding to a critical literature review of the reasons why the phenomenon is largely under?reported. Against this backdrop, we offer a critical examination of the various policing strategies necessary for addressing the problem of under?reporting of disablist violence.

"Explaining ADA Employment Discrimination Charges over the Business Cycle" Free Download
University of Cincinnati Law Review, Vol. 83, No. 3, 2016, Forthcoming

CHRISTOPHER L. GRIFFIN, William & Mary Law School

Economists and legal scholars have long debated whether the Americans with Disabilities Act (ADA) generated net positive effects for people with disabilities. Empirical studies usually focus on the employer-side impact of Title I, which prohibits adverse workplace decisions with respect to wages and hours, and that literature has produced decidedly mixed findings. Largely missing from the conversation, however, has been an employee-focused account, one that describes when and why employees seek legal relief under Title I. This Article addresses that deficiency by analyzing the submission of every ADA Title I charge submitted to the Equal Employment Opportunity Commission (EEOC) between 1992 and 2011 as a function of the unemployment rate, political economy factors, state law, and disability type. Using state-level panel data, I first show that a percentage point increase in the unemployment rate is associated with about 30% more charge submissions. Employees with disabilities are therefore more likely to file discrimination claims during recessionary periods, which leads the ADA resemble an informal unemployment insurance mechanism. Second, the success rate is ambiguously tied to the unemployment rate. Depending on the definition of charge success, the data suggest that charges submitted during recessionary periods tend to find less purchase at the EEOC. With respect to political economy explanations, states with Republican-controlled legislatures produce fewer Title I charges, but the evidence is fairly weak. More interestingly, the opposite is true for states that enacted ADA-like statues before 1990. Finally, no discernible differences in EEOC charge activity emerge by the charging party’s disability type. The Article concludes with a few research implications and policy recommendations for the EEOC and employers to address the employment of people with disabilities over the business cycle.

"Medicaid Planning for Long Term Care: California Style" Free Download
American College of Trusts and Estates Counsel (ACTEC) Law Journal, 2015

JOHN A. MILLER, University of Idaho College of Law
VANESSA S. STROUD, Law Office of Vanessa Stroud

California’s Medicaid program, “Medi-Cal?, differs significantly from programs in other states. This article sets out the major distinctions between California's program and other state programs as applied to long term care for disabled seniors. It illustrates the major planning techniques that are employed throughout the country and also those techniques that are available only in California.

Medicaid is the means tested, cooperative state and federal program that pays for much of the nursing home and other long term care in the United States. California’s uneven implementation of federal legislation regulating Medicaid over the last several decades has created many challenges and opportunities for disabled seniors that are specific to the Golden State. In presenting these challenges and opportunities, the article guides the reader through eligibility procedures and the long-term care planning process, delineates vital considerations for practitioners and their clients, and addresses important developments on the horizon.


About this eJournal

Sponsored by: Syracuse University Disability Law & Policy (DLP) Program.

This eJournal distributes working and accepted paper abstracts which address issues of domestic, comparative, and international disability law and policy and disability studies, including  issues related to mental health and mental disability law and policy. The eJournal addresses legal issues, legislation, policy and a critical examination of disability as part of diversity in the US and in other societies throughout the world.

Editor: Arlene S. Kanter, Syracuse University


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