We just moved our daughter into college this week and are back home now. Now, the roller coaster begins. So far so good. One thing I did realize is that I now have about an extra 15 hours per week I calculated. My brother says that I should get a new hobby, but I already
Constitutional law
Upon Further Review, the HUD Circular Just Might Survive Kisor as well as EPA v. West Virginia and be Given Judicial Deference
By William Goren on
Yesterday was the 32nd anniversary of the ADA. People with disabilities and disability rights have certainly come a long way, but there is certainly much more to go.
Today’s blog entry is the result of a case that was sent to me in a discussion that I had with several colleagues about breed…
EPA v. West Virginia: The Major Questions Doctrine
By William Goren on
Happy Fourth of July everyone.
Last week, I was in Chicago visiting family. I also had a chance to participate in a panel discussing the Federal Bar Association’s disability inclusion success story as part of the ABA’s Collaborative Bar Leadership Academy. I had a great time doing that. I did not get back until…
Is ADA Title II, III Tester Standing a Thing Anymore?
By William Goren on
Posted in 1983, ADA, Constitutional law, Fair Housing Act, Federal Cases, Rehabilitation Act, Title II, Title III
There must be an art to reading what is really going on by the questionings of Justices at oral argument. If there is such an art, I haven’t mastered it yet. Case in point, we previously discussed a case that appeared to raise the question of whether Chevron deference would survive, here. On June…
Legislative Immunity Trumps Everything Says the First Circuit
By William Goren on
Before getting started on the blog entry of the day, I do want to give a shout out to CODA, which won a best supporting actor, a best adapted screenplay, and best picture at the Academy Awards. As a small d deaf proud person in a deaf and hoh proud (daughter also wears hearing aids),…
Is Tester Standing a Thing When it Comes to Title III of the ADA
By William Goren on
Today’s blog entry concerns the question of whether a person acting as a tester can ever have standing to pursue ADA claims. The case of today is Lauffer v. Looper, a published decision from the 10th Circuit decided on January 5, 2022, here. As usual, the blog entry is divided into categories and…
Georgia Supreme Court Clarifies Judicial and Quasi-judicial Immunity
By William Goren on
I hope everyone had a Merry Christmas and is having a happy holiday season. Today’s blog entry comes from the Supreme Court of Georgia in a case decided November 23, 2021. It has absolutely nothing to do with the ADA per se but then again it very much does. The case goes to the question…
Did the Supreme Court Actually Clarify Qualified Immunity in City of Tahlequah v. Bond?
By William Goren on
Before turning to today’s blog entry, I want to wish everyone a Merry Christmas, a happy holiday season, and a happy new year. Also, be safe.
Today’s blog entry is really short. Recently, I came across a legal blog entry suggesting that the Supreme Court had clarified the doctrine of qualified immunity in a…
News of Interest for Deaf, deaf, and HOH Communities
By William Goren on
Hope everyone had a great Thanksgiving weekend.
A couple of housekeeping matters. First, my daughter and I will be heading out to a college that she got into for admitted students day. So, my schedule is really compact this week, and I am not sure I will be able to get up a full blog…
Ignorance is Bliss for Police
By William Goren on
Posted in 504, ADA, Constitutional law, Federal Cases, Final Federal Regulations, General, Rehabilitation Act, Title II, Title III, Title V
Before getting started on the blog entry of the week, the Atlanta Braves are world champions!! Our local school district is not going to have school tomorrow. It was senior skip day and the Atlanta Braves parade is tomorrow. So, the decision not to have school makes perfect sense. The community we live in is…