There must be an art to reading what is really going on by the questionings of Justices at oral argument. If there is such an art, I haven’t mastered it yet. Case in point, we previously discussed a case that appeared to raise the question of whether Chevron deference would survive, here. On June
DOJ Goes All in on ADA is a Nondelegable Duty
Last week my schedule was completely impossible, so I was not able to get a blog up during the work week. Finally, I got some time to do it now. The blog entry for the last week is a Statement of Interest filed by the DOJ in A.V. v. Douglas County School District Re-1. If
DOJ Opioid Use Disorder Treatment Guidance Document
Baseball season has started. Cleveland has a new name. Good luck to everyone with respect to their teams. My Braves are loaded as are the Chicago White Sox. The Chicago Cubs are in rebuilding mode I think. Good luck to everyone!
I actually have an embarrassment of riches with respect to cases to blog
DOJ’s Guidance on Web Accessibility and the ADA
Today’s blog entry last week’s guidance issued by the DOJ on web accessibility and the ADA. That guidance can be found here. This blog entry does have categories but not the typical ones. The categories are highlights of guidance, and thoughts/takeaways. I can’t see how the reader is going to want to do anything
Can an ADA Covered Entity Require Certification or Professional Training of a Service Animal?
Before we get started on the blog of the week, I hope everybody had a happy Easter and a successful Passover. Also, there should be a really good men’s basketball game tonight. There was a really good women’s basketball game yesterday. I am assuming
Does a Witness Testifying with a Service animal Violate a Defendant’s Right to a Fair Trial or Violate the Confrontation Clause?
Today’s blog entry explores the following situation. A defendant was charged with multiple counts of aggravated criminal sexual abuse. The victim, R.L., of that abuse suffered posttraumatic stress disorder (PTSD), as a result. She testified at trial with a service dog. The
Fixing the Problem May Alleviate Liability Even in Non-architectural Barrier Cases
Before turning to the blog entry of the day, today is Veterans Day. I want to wish everybody who fought for our country or has family that served in the military a good Veterans Day. I also want to wish everyone a happy Veterans Day.
The case
Exby-Stolley Revisited: The 10th Circuit en banc Decision
Before starting on the blog entry of the day, if you have not already voted do so. Today’s blog entry is a case, Exby-Stolley v. Board of County Commissioners, Weld County, Colorado17918111819811820567, that I blogged on almost 2 years ago. About two years ago, the 10th Circuit came down with a decision, which
Judge Amy Coney Barrett and Persons with Disabilities
Before getting started on the blog entry of the day, I wanted to wish everyone with teams in the baseball playoffs good luck. I actually have three teams in the baseball playoffs: brave; cubs; and White Sox. No, I am not watching nine hours of baseball today, but I am recording all three of my
ESA in Iowa? Not under Iowa Law if in Residential Complexes or Dormitories
Today’s blog entry come from a decision of the Iowa Supreme Court on June 30, 2020. The result of this decision means that if you are in the State of Iowa, living in a multifamily complex or dormitory, and want an emotional support animal, you most probably are not going to be able to get