Today’s blog entry is my yearly wrap up of the most popular blog entries for 2022. As I always do, there are some additional blog entries that I keep in the greatest hits category due to what I believe is their significance even though they may not be the most popular. With respect to the
Constitutional law
California Appellate Court Holds Persons Who Associate With Persons With Disabilities Can Have Batson Challenges Exercised on Their Behalf
By William Goren on
Previously, such as here, I have written about how Batson/Edmonson challenges could be used with respect to people with disabilities not being allowed to serve on juries. The interesting thing about Batson and its civil equivalents is that whenever I have asked litigators if they have encountered the situation of using Batson to prevent…
ADA Mandates Deaf Access to the Criminal Justice System
By William Goren on
Posted in 1983, 504, ADA, Constitutional law, Federal Cases, Final Federal Regulations, Rehabilitation Act, Title I, Title II
Before we get to the blog entry of the week, a housekeeping matter. I will be out of the office from Friday evening and returning late Tuesday. So, a blog entry for the week after this will come up later in that week rather than earlier to middle of the week as is usually the…
Fourth Circuit Holds Gender Dysphoria is not Excluded by the ADA’s Gender Identity Disorder Exclusion
By William Goren on
Posted in 1983, ADA, Constitutional law, Federal Cases, Final Federal Regulations, Title I, Title II, Title III
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…
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…