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
Confluence of State and Federal Laws When it Comes to Service Animals
Today’s blog entry is an update on a prior blog entry we discussed here. In the prior blog entry, we discussed how the police could escape liability when a place of public accommodation did not do the right thing with respect to allowing a service dog in its premises and the police were called.
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
§309 Contains a Fundamental Alteration Defense
I hope everyone had a happy Passover and a happy Easter. For those who are Roman Catholic, my condolences on the passing of the Pope.
Today’s blog entry concerns §309 of the ADA. It asks the question of whether fundamental alteration applies in §309 cases. The case of the day is Albert v. Association
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
You Don’t Have to Have a Disability to Get Backpay Under Title I of the ADA
Congratulation to University of Connecticut for a tremendous win yesterday. Their coach now with a record 12 NCAA Division I titles. He already had most number of victories for a coach at the Division I level in basketball. Tonight, is the men’s final with Florida v. Houston.
Turning to the blog entry of the
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 (
A Doubleheader: Direct Threat (Service Animals), and Loper Bright Going Forward
I wanted to get up a short blog entry this week on a couple of points (with baseball season starting, I thought the doubleheader in the title was appropriate). I already know what I am going to be blogging on for next week. Recently there have been two developments that are germane to what we
Surprise Surprise: Service Dogs in Training Are Covered by the ADA
I hope everyone is surviving their March madness pool, if you are participating in one. So far, I am doing okay in the pools I am in. Best of luck to everyone.
Today’s blog entry explores what role does the ADA play with respect to