Constitutional law

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One of my more popular blog entries is the blog entry that discusses suing a state court system for disability discrimination. I also have a second blog entry following up on that blog entry.

This blog entry explores a related topic. Let’s say a person with a disability finds themselves in the court system…

Recently, I talked about a decision from the 11th circuit which displayed a very good understanding of disability, in that case deafness, in a way that you do not often see in judicial decisions. Oftentimes when you are reading a case, you wonder whether a judge gets “disability,” so to speak. This particular blog entry…

Just what is the exposure to prisons with respect to discriminating against prisoners with disabilities? Prisons have several areas of exposure. First, if a prisoner is employed by the prison and suffers discrimination on the basis of a disability with respect to that employment, title I is involved. Second, the programs and activities of the…

Does the Americans with Disabilities Act apply to bar examiners? If it were only that simple. Taking the approach with respect to entries that I’ve developed recently, part one discusses the facts of the case. Part two discusses the court’s reasoning and my responses. Finally, part three give the reader takeaways. The reader is free…

Many years ago I represented a public entity that was the subject of an adverse licensing decision. In that particular situation, the public entity had a group home for persons with a certain type of disability. The Medicaid certification inspection was done in such a way so that the disabilities of the people living in…

Under Tennessee v. Lane, the equal protection class persons with disabilities fall into is going to depend upon the facts and circumstances of the individual case. That equal protection class is also going to dictate how likely a state is going to be able to defend on the grounds of sovereign immunity. The question…

I do not normally blog more than once a week. You would be surprised how time-consuming writing a blog entry really is. Also, I don’t like to have blog entries that cannibalize each other. Rather, I like to have a blog entry get a chance to stand on its own for a while. That gives…

Anybody that wants to go to law school must take the LSAT, law school admission test sponsored by the law school admission Council (LSAC) . The LSAT is a standardized test consisting of 100 multiple-choice questions ( Binno v. American Bar Association, 2012 WL 4513617, *1 (E.D. Mich. September 30, 2012)), divided into five…