While this blog is entitled Understanding the ADA, the blog as you know extends into other laws that are related in one way or another to the rights of persons with disabilities. Also, as you know, I spent 12 years in higher education teaching people how to be paralegals, with the last four of that
Title II
What’s a Program and Whose Program Is It?
Today’s blog entry is a two-for-one. First, we are going to update several other blog entries with recent developments. Then, we have the case of the week, Ashby v. Warrick County School Corporation, a decision from the United States District Court for the Southern District of Indiana that came down on February 7, 2018.…
ADA and the High School Athletic Association
Before starting the blog for this week, a couple of preliminary matters. First, about a month ago, I hit 300 blog posts. I simply could not do it without the loyal readership of the people here. Thank you! Also, my last blog entry dealing with animals on planes really took off. The Texas Bar informed…
Regardless of ADA Title, Never Forget About the Individualized Inquiry and the Interactive Process
Hope everyone had a great holiday weekend, assuming you had a chance to have Martin Luther King Day off. Today’s case, United States v. Asare is a decision that came down on December 20, 2017, from the Southern District of New York. The lesson here is never forget about the interactive process and performing an…
Regulatory Developments
I know I said that I would not be blogging until after the new year started. However, my wife and daughter are hanging out with lunch and a trip to Bed Bath & Beyond. Since we are Jewish, one could ask why we would be making a trip to Bed Bath & Beyond two days…
2017 Understanding the ADA Greatest Hits
It is time for the top 10 plus three of 2017. For the most part, the greatest hits, but not of all of their order of popularity stayed the same from 2016 to 2017, except for one entry (negligence per se dropped out of the top 10 and was replaced by the history of ADA…
Just When Does the Statute of Limitations BEGIN to Run in ADA Cases
I hope everyone is having a happy holiday season. In Atlanta, we got a few inches of snow. So, my daughter was outside playing in the snow and having snowball fights with her friends. She even got in a couple of snowballs thrown at me. The nice thing about it being in Atlanta was that…
ABA 100 and Fundamental Alteration Defense in Academia
I hope everyone had a happy Thanksgiving.
Before getting started on our blog of the week, I first want to pass on some great news about the blog. Thanks to our very generous readers, my blog made the ABA 100 once again. It is the fourth year in a row for us. I simply could…
Sovereign Immunity in the Absence of Constitutional Violations
Sovereign Immunity and Title II and III of ADA: This Case Should be Appealed
Today’s case, Glueck v. National Conference of Bar Examiners illustrates the perils of proceeding pro se. The case is certainly worth appealing to the Fifth Circuit. However, the plaintiff is now proceeding with a constitutional challenge to various statutes, which I don’t think will go anywhere. At any rate, the case bears discussing and it…
