As I mentioned last week, I have a whole bunch of cases to blog on my pipeline. It took me quite a bit to decide on what to blog on. Ultimately, I decided to blog on Doe v. Northrop Grumman Systems Corporation, a decision that came down from the United States District Court of
intermediate scrutiny
Transgender military ban: The Ninth Circuit Decision
Another Arrow in the Bag for Plaintiffs when it Comes to Disability Discrimination by Governmental Entities
Before getting started on the blog of the week, I want to express my condolences to the Bush family on the passing of George H.W. Bush. He signed the Americans With Disabilities Act on June 26 of 1990. His son also has a powerful legacy in that regards as he signed the ADAAA. Simply put,…
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…
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?
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…
LSAT and Title III discrimination
Anybody that wants to go to law school must take the LSAT, law school admission test sponsored by the law school admission Council (LSAC) . The LSAT is a standardized test consisting of 100 multiple-choice questions ( Binno v. American Bar Association, 2012 WL 4513617, *1 (E.D. Mich. September 30, 2012)), divided into five…
Persons with disabilities and peremptory challenges
Few cases today actually go to trial. However, the ones that do go to trial involving juries necessarily mean that a jury has to be picked first. Jurors aren’t so much picked as they are eliminated. With respect to jury selection, there are three kinds of jury challenges. First, there is a peremptory challenge. Peremptory…
Sovereign immunity and persons with disabilities
Sovereign immunity is enormously complicated. What it is, is a principle from which the founding fathers took from England that says a sovereign cannot be sued for damages without its consent. This principal goes way back, and also can be found in the 11th amendment to the United States Constitution. The language of the 11th…