Normally, when I am putting together a blog entry, what I do is that I find an interesting case that comes out during the week and then: analyze that case; discuss the court’s reasoning and my take on it; and then offer takeaways. This week I did see a case that met that criteria (it
title II
Should we now be asking when to bother with the Rehabilitation Act and preventive tips can come from anywhere
By William Goren on
Jon Hyman’s blog is in my blogroll and I want to thank him for calling to my attention the case of Sjostrand v. The Ohio State University. Jon, as always, did a great job in his blog entry, but I want to take a different approach. What I want to discuss is how this…
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…
What Kennedy Giveth Scalia Taketh Away?
By William Goren on
I want to wish all those celebrating Passover, which started yesterday, and Easter, which is Sunday, a happy holiday.
This blog entry is divided into separate categories, but unlike my usual system, the categories are little bit different. Here we have: introductory comments, the case that is the subject of this blog entry (Burrage…
Professional licensing authorities and sovereign immunity
By William Goren on
Recently, I talked about a decision from the 11th circuit which displayed a very good understanding of disability, in that case deafness, in a way that you do not often see in judicial decisions. Oftentimes when you are reading a case, you wonder whether a judge gets “disability,” so to speak. This particular blog entry…
ADA and prisons
By William Goren on
Just what is the exposure to prisons with respect to discriminating against prisoners with disabilities? Prisons have several areas of exposure. First, if a prisoner is employed by the prison and suffers discrimination on the basis of a disability with respect to that employment, title I is involved. Second, the programs and activities of the…
Does Association discrimination apply to title II of the ADA?
By William Goren on
This blog entry explores whether an association discrimination claim applies to title II of the ADA, the Rehabilitation Act, and, for that matter, the California Disabled Persons Act. As is my practice, the blog is divided into the facts, the issue, the court’s reasoning, and takeaways. Feel free to zero in on any and/or all…
Suing state court system redux
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 . Here is another case along those lines. In Phillips v. New Hampshire Circuit Court, Eighth Circuit, District Division, 2014 WL 495656 (D. N.H. February 5, 2014) (unpublished decision), the plaintiff had a…
DOJ brings the hammer down on the State of Lousiana’s bar licensing authority
By William Goren on
I’m going to be off next week, and so I thought I would blog on this one since it is something I have talked about before.
Previously, I blogged on a South Dakota Supreme Court case and talked about the difficulty a person with MH has in passing the character and fitness gauntlet. I also…
DOJ regulations implementing title II and title III of the ADA amendments act: where’s the impact?
By William Goren on
Last week, the Department of Justice proposed rules implementing title II and title III of the ADA in light of the amendments to the ADA. I’m not going to go into depth here, but I thought I’d go over some particularly significant items in the proposed rule. Of course, what follows is not comprehensive and…