This week’s blog entry discusses ABA Formal Opinion 517. That opinion talks about discrimination in the jury selection process under ABA model rule 8.4(g) which prohibits attorneys from discriminating on the basis of various protected characteristics. As readers of my blog know, this has been a long-standing interest of mine. For example, we discussed peremptory
Stanley Decided
On June 20, 2025, the Supreme Court decided Stanley, which we discussed here. There is no need to go into the facts as we have already covered that previously. Accordingly, the blog entry is divided into the categories of: Justice Gorsuch’s majority opinion; Justice Gorsuch’s plurality opinion discussing how Title I might apply; Justice
Unreasonable Delay is Actionable, Adverse Action Unnecessary, and More Good Stuff
Before getting started on the blog of the week, a housekeeping matter. I usually get my blogs up on Monday and sometimes Tuesday or even Wednesday. However, my daughter just finished her third year of college and is home for a short time before starting her summer gig. So, my schedule for the next couple
Justice Souter’s Impact on the Rights of Persons with Disabilities
As many of my readers know, Justice Souter died last week. I thought I would explore his legacy with respect to the rights of persons with disabilities. As usual, the blog entry is divided into categories and they are: opinions for the court; concurring opinions; dissenting opinions; and Heller v. Doe, a dissenting opinion the
Confluence of State and Federal Laws When it Comes to Service Animals
Today’s blog entry is an update on a prior blog entry we discussed here. In the prior blog entry, we discussed how the police could escape liability when a place of public accommodation did not do the right thing with respect to allowing a service dog in its premises and the police were called.
Osseo Area School District Supreme Court Oral Argument
Yesterday, the United States Supreme Court heard oral argument in the Osseo Area School District case, transcript here. It was ostensibly about whether a higher standard for damages existed for IDEA claim than for the ADA/Rehabilitation Act claims. It turned out to be something different altogether after both sides agreed that the standard should
§309 Contains a Fundamental Alteration Defense
I hope everyone had a happy Passover and a happy Easter. For those who are Roman Catholic, my condolences on the passing of the Pope.
Today’s blog entry concerns §309 of the ADA. It asks the question of whether fundamental alteration applies in §309 cases. The case of the day is Albert v. Association
The Starting Line is What the ADA and Rehabilitation Act are All About
Picture immediately above is a Track and field starting line (white lane numbers on orange track)
Today’s blog entry has been getting a lot of press on Law 360, which I subscribe to. It was brought to my attention by one of their journalists, Anne Cullen, who wrote an excellent article on it (
A Doubleheader: Direct Threat (Service Animals), and Loper Bright Going Forward
I wanted to get up a short blog entry this week on a couple of points (with baseball season starting, I thought the doubleheader in the title was appropriate). I already know what I am going to be blogging on for next week. Recently there have been two developments that are germane to what we
Surprise Surprise: Service Dogs in Training Are Covered by the ADA
I hope everyone is surviving their March madness pool, if you are participating in one. So far, I am doing okay in the pools I am in. Best of luck to everyone.
Today’s blog entry explores what role does the ADA play with respect to