As everyone knows, I normally don’t blog more than once a week but there are exceptions. I had a bit of time this morning and this is a very short blog entry, so I decided to do a blog entry more than once this week. I am not at all sure about my schedule for
The Case for Why McDonnell Douglas as a Summary Judgment Tool Makes No Sense
This week’s blog entry discusses Justice Thomas with Justice Gorsuch joining concurring opinion in Ames v. Ohio Department of Youth Services, here. By now, you most likely know that the opinion for the Court written by Justice Jackson, holds that a higher standard of proof is not in order if you are from a
Osseo Area Schools Decided
Within the last week, the Supreme Court has come down with two decisions of relevance to our blog (Osseo Area Schools and Ames). Each is worth a separate blog. This week’s blog entry is going to be the Osseo Area Schools, which I previously blogged on its oral argument here. As usual, the blog
A Two for One: Huber en banc and Magic Mushrooms
Before getting started on the blog entry of the week, housekeeping matters. Next week I will be traveling most of the week, so do not expect a blog entry from me next workweek. Also, I just did an hour long interview with Claudine Wilkins, Esq., where we had a fantastic discussion about the federal and
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
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
Remote Learning as a Reasonable Accommodation, Deference to Educational Institutions, and Other Good Stuff
Before getting started on the blog entry of the week, I want to wish everyone celebrating Passover, a happy Passover. Also, want to wish everyone celebrating Easter this weekend, a happy Easter.
Turning to the blog entry of the day, Omar v. Wayne State University Board of Governors, here, decided by the United
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 (
Can Police Escape Liability if They go About the Situation Nicely Regardless of Statutory Provisions
Before getting started on the blog entry for the week, there is a reason why the blog entry is late this week. I was out of town visiting family Monday through Wednesday of this week. Then, I spent Thursday catching up on things. So, the blog entry is coming at the end of the week.