Before turning to this week’s blog entry, which I will keep very short (after all, it is Thanksgiving week and who wants to read a typical blog entry this week), a couple of housekeeping matters. First, happy Thanksgiving to everyone! Second, I received notice yesterday that this blog has made the ABA top 100 legal
equal protection
A shot across the bow to judges and court systems
By William Goren on
I know as a blogger, readers come to expect a regular post every week and on a certain day. In my case, everyone knows that I put up a blog on Mondays, sometime Tuesdays, as is the case today. Rarely, it is later in the week. Obviously, I missed last week. I hadn’t intended it…
ADA and Class Actions; Not Impossible (Prisons)
By William Goren on
Posted in ADA, Constitutional law, Federal Cases, Final Federal Regulations, Title I, Title II, Title IV
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…
Suing a state court system: Shooting down the Defenses
By William Goren on
This posting is later than my usual Monday. However, Monday was Memorial Day and then I had family in.
In a previous blog entry of mine, I discussed how suing a state court system can be done but that it is very complicated. This case discusses the myriad of defenses that arise in such…
Is a person with a disability entitled to an attorney in a civil matter as a reasonable accommodation under title II of the ADA or under state law?
By William Goren on
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…
Looking at Defenses in a Title II case
By William Goren on
This particular blog entry will look at possible defenses that may be raised in a title II case. As is usual, there are different categories. Here we have case of the week, the court’s response to the arguments raised by the defendants in the case, and takeaways. Feel free to focus on any and/or all…
When it comes to licensing, can a public entity conduct its processes in a way that discriminates against persons with disabilities or in a way that mandate discrimination against persons with disabilities?
By William Goren on
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…
Using the rehabilitation act to get around sovereign immunity in Title II cases
By William Goren on
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…
Affirmative action and persons with disabilities part two and did OFCCP set up a constititutional challenge to torpedo all of it
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…
Segregation of HIV-positive inmates will not fly
By William Goren on
Hope everyone had a great holiday season. Wishing everybody a healthy, happy, and successful new year! In case you want to take a break from bowl games over the next couple of days, here is something you might read:-)
Alabama and South Carolina are the only States segregating inmates that are HIV-positive. In the Alabama…