Today’s blog entry explores an issue that we have not discussed before. It is hard to believe that after 400+ blog entries over eight years that we could find a topic we haven’t discussed. However, that is the beauty of how comprehensive and all-encompassing the ADA is. Today’s case takes on the question of whether
Transgender military ban: The Ninth Circuit Decision
Some weeks are a bit of a struggle trying to figure out what to blog on. Law360 is a tremendous help. Also, I keep a pipeline of cases as well. However, sometimes I’m just not in the mood to blog on what is in my pipeline. So, I looked at all of my law 360
Interstate Sovereign Immunity
Today’s blog entry discusses the case that came down from the United States Supreme Court on May 13, 2019, discussing interstate sovereign immunity. The case is Franchise Tax Board of California v. Hyatt. We have blogged on sovereign immunity before, such as here. It is an incredibly complicated area of the law, but
Transgender: Equal Protection, Due Process, and ADA
One of the topics that we have discussed before (see here for example), is transgender individuals alleging that they have been the victims of disability discrimination. Recently, transgender plaintiffs have also had success in alleging that they are the victims of sex discrimination as sex discrimination includes stereotyping based on gender, which by
Sovereign Immunity in the Absence of Constitutional Violations
After a two-month period, where my computer was completely on the fritz, I may have finally fixed it. It turns out that Windows itself had become corrupted and that it needed to reinstall Windows. Once I did, that fixed the problem. You wouldn’t believe what I went through
Why Argue ADA at all in Gender Dysphoria Cases, When Title IX and the Equal Protection Clause are Available?
The case of the week asks the question why a person with gender dysphoria, would bother going with the ADA if he or she could go with title IX of the Civil Rights Act or the equal protection clause of the 14th amendment instead. Recently, the Seventh Circuit Court of Appeals held here that
How is Fry playing out in the lower courts?
In searching for a blog entry to do this week and striking out with my Lexis alert, I thought it might be interesting to see how Fry v. Napoleon Community Schools, discussed here, was playing out in the lower courts. When I did that, I came across the case of K.G. v. Bluff-Luton Community School
Graduated Student and Sovereign Immunity
As promised, I am back. For my Jewish brethren, I want to wish everyone a happy new year and a good fast, Yom Kippur starts tonight. Today’s case comes to me courtesy of my friend and colleague from Dallas, Texas, Richard Hunt passed along the case of Ross v. City University of New York,
ADA and Class Actions; Not Impossible (Prisons)
Previously, I have written on whether class actions are possible with respect to ADA claims considering how ADA claims are inherently focused on individual analysis. From reading the case law on a regular basis, I am seeing class actions being allowed with respect to Olmstead claims. Outside of that, it tends to be hit or
ADA, Sovereign Immunity, and the County Jail
I
Introduction
One of the most complicated topics around is the doctrine of sovereign immunity, which comes from England and says that the King cannot be sued without his consent. We have carried over this doctrine into our 11th amendment to the U.S. Constitution. As we have discussed previously numerous times, there are situations where