Disability Law

He was in a wheelchair. Why would he shoot? He could have just hit the man, beat him up.

Anita Johnson, a Miami-area woman, commenting on the killing of an unarmed panhandler in a wheelchair. Miami police have arrested Rodney Louis for allegedly shooting the panhandler before leading the cops on a 20-minute, high-speed chase. I suppose the days when handicapped beggars were merely dragged from their wheeled chariots and assaulted are but a fleeting memory of what America used to be.

Last week, LSAC agreed to pay $7.73 million in penalties and damages to some students who applied for special accommodations on the LSAT and to reform some of its allegedly discriminatory practices. Elie wrote about the story in a post entitled “The LSAT Can’t Discriminate Against the Disabled: So, Time For Everybody To Get ADD.”

I agree with some of LSAC’s past policies and am happy to see others, like the flagging of score reports, go. I think that it’s hard, though, to contribute much to this conversation by worrying about people faking their way through an ADD exam . . . without knowing what an “ADD exam” means in this setting. It’s hard to move the issue forward by insisting that LSAC discourage abuse without being unfair. . . without knowing what LSAC has done in the past and why.

I’ve worked as a clinician administering many of the tests used to assess learning disabilities and difficulties, and I’ve helped individuals whose tests show they need intervention. (My favorite may be the Woodcock – Johnson Battery, just because of its name.) I currently use cognitive science to study how people best learn in law school. I may not be an authority like Dick Woodcock, but you could do a lot worse than me on a legal blog. So, I’d like to fill out the picture in the LSAC story a bit more….

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As we previously mentioned, LSAC and the Department of Justice have entered into a consent decree over LSAC’s alleged discrimination against disabled people. LSAC agreed to pay $7.73 million to settle the claims against it, and to make policy changes. Most notably, LSAC will no longer denote when a person has received extra time on the LSAT.

That is great news for disabled people who want to be treated with fundamental fairness when taking this important test and applying for law school. It’s also great news for anybody who can fake their way through an ADHD exam and wants a little more time than everybody else…

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Disrespecting and intimidating students should be a right for law professors, not a privilege. If you roll into class unprepared, or even just looking stupid, law professors should be able to able to throw a hissy fit at you. That’s practice-ready training. Students should learn that in the real world, partners and judges will intimidate them and make them feel small and stupid for any reason, or no reason at all.

One law professor is having that right taken away from him. He’s been barred from campus. The professor claims he’s suffering from depression and Asperger’s Syndrome, and that the school violated the Americans With Disabilities Act by not accommodating his disability.

Disability? In my day, the moody professor who couldn’t keep his mouth shut or read social cues was the grindstone against which brilliant gunners sharpened their unique skills…

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Insurance fraud committed by someone who should know better is one thing. But on top of that, this case features allegations of assault, foreign retaliatory detentions, computer hacking, extortion, spurned lovers, and revenge.

This former Biglaw partner left the practice complaining of back injuries that forever closed the door to the profession. In 2002, the carrier got a request to provide long-term disability benefits. But the carrier never really trusted the partner — because who really trusts lawyers — and conducted video surveillance and multiple independent medical examinations.

Late last week, a federal appeals court sided with the insurance company, agreeing that the partner was more than likely faking it and writing up the whole scandalous tale….

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* The Department of Justice won’t be harshing anyone’s mellow in Washington and Colorado just yet, because Eric Holder has more important things to do than to get involved in people’s pot. [CNN]

* The IRS will now treat all legal gay marriages the same as straight marriages for tax purposes, no matter where the couples live. That’s absolutely fabulous! [Federal Eye / Washington Post]

* Howrey going to deal with all of Allan Diamond’s unfinished business claims made as trustee on behalf of this failed firm? By claiming as a united front that “[c]lients are not property,” even if we secretly think they are. [Am Law Daily]

* In this wonderful post-Windsor world, the parents of a deceased Cozen O’Connor attorney are appealing a judge’s ruling as to the dispensation of their daughter’s death benefits to her wife. [Legal Intelligencer]

* Reduce, re-use, and recycle: environmentally friendly words used to reduce a Biglaw firm’s carbon footprint, not the number of its lawyers. Say hello to the Law Firm Sustainability Network. [Daily Report]

* Disability rights groups are coming forward to defend California’s LSAT anti-flagging law because the amount of extra testing time you receive should be between you and your doctor. [National Law Journal]

* If you thought Charleston School of Law was going to be sold to the InfiLaw System, then think again. The law school is up for grabs on Craigslist. Alas, the “[s]tudent body has been used.” [Red Alert Politics]

If you’re interested in purchasing Charleston School of Law, keep reading to see the ad (click to enlarge)…

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* OMG, you guys! Michael Jackson just died. At least according to concert promoter AEG Live, whose lawyer FINALLY conceded to the claim that Jackson had passed. [CNN]

* The new NRA President is a tool lawyer! [Washington Times]

* Jim Beck reviews the works of our own Mark Herrmann: Inside Straight(affiliate link) and Drug and Device Product Liability Litigation Strategy [Drug and Device Law]

* Quinn Emanuel announces its spoils following up on the departure of Michael Lyle and Eric Lyttle from Weil. [Quinn Emanuel]

* Studies suggest that the more elite the school, the more likely its female graduates drop out of the work force after getting married and having kids. Women who run in elite circles and are therefore more likely to marry into financial secure partnerships are also less likely to keep grinding away at a job in order to put their kids through school? No kidding. [The Careerist]

* Administrative Law Judges file suit over perceived quotas that they claim trigger the depletion of Social Security. Cost-cutting legislators think the ALJs should be depleting the fund more. Blerg. [Washington Post]

* Check out the T-shirt sold at Santa Clara University. The proximity to the Santa Clara Law shirts is… fitting?

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* The Dukes of Hazzard and Braveheart cited in the Eleventh Circuit. Other circuits, the gauntlet has been thrown down. [Volokh Conspiracy]

* Dave’s not here, man. Probably not the smartest stoner on the planet. [Lowering the Bar]

* Former Skadden attorney loses her appeal claiming that insomnia constituted a disability. It’s a setback for her, but nothing worth losing sleep over. [National Law Journal]

* The Second Circuit agreed with every other court that heard the motion and denied the effort to recuse Magistrate Judge Peck from the Da Silva Moore predictive coding case. [IT-Lex]

* Maybe it’s time for law professors to get off their duffs and try helping out their unemployed students directly. [Concurring Opinions]

* Chief Judge Easterbrook allows a $25K student-loan discharge for a “destitute” paralegal. The educational-industrial complex is not going to sit still for this. [ABA Journal]

* Saira Rao, of Chambermaid (affiliate link) fame, has a new publishing venture — check it out. [Kickstarter]

* Oh, BARBRI. What’s the Matter with Kansas, indeed (after the jump)….

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* Can you DIG it?! Well, SCOTUS can’t, at least when it comes to the Prop 8 case, but perhaps that’s what the conservative justices planned all along. You can probably expect a judicial punt on this one. [New York Times]

* The case for cameras at the high court became even more compelling last week, because people just now realized that having to “spend money to see a public institution do public business is offensive.” Damn straight. [National Law Journal]

* Justice Sandra Day O’Connor’s new book, Out of Order (affiliate link), didn’t exactly get a glowing review from the NYT’s Supreme Court correspondent, Adam Liptak. It’s a “gift shop bauble”? Ouch. [New York Times]

* Oh, Lanny Breuer, you tried to be all coy by saying you were interviewing elsewhere, but we knew you’d return to Covington. That “vice-chairman” title is a pretty sweet new perk, too. [Legal Times]

* DLA Piper’s bills may “know no limits,” but in-house counsel claim that while the firm’s emails were “flippant,” they won’t have an impact their already meticulous billing review. [New York Law Journal]

* The true love’s kiss of litigation: Bingham McCutchen’s Sleeping Beauty may have found her prince in Judge Vincent O’Neill Jr., because he ruled that the firm won’t be able to compel arbitration. [Recorder]

* It’s really not a good time to be a prosecutor in Texas. Two months after the murder of ADA Mark Hasse, DA Mike McLelland and his wife were gunned down in their home. RIP. [Dallas Morning News]

* Good news, everyone! The class of 2012 — the largest on record, according to the ABA — was only slightly more unemployed than its predecessors. Cherish the little things, people. [National Law Journal]

* As President Barack Obama’s position on gay marriage continues to “evolve,” we’re left wondering what exactly Solicitor General Donald Verrilli will say come Supreme Court oral arguments showtime in late March. [New York Times]

* “This is a chilling document.” The moment you’ve been waiting for has arrived: the DOJ memo about the Obama administration’s most secretive and controversial policy, the legal justification of drone strikes against American citizens, was leaked. [NBC News]

* In the litigation blame game, the Department of Justice has a lawsuit cooking against Standard & Poor’s, the supposed “key enablers of the financial meltdown,” over the agency’s mortgage bond ratings. [Reuters]

* Many pieces from Dewey & LeBoeuf’s massive art collection were auctioned off on Friday for $528,120. The failed firm’s creditors must be chomping at the bit as they wait to receive the proceeds. [Blog of Legal Times]

* You must remember Cynthia Brim, the Chicago judge who was declared “legally insane.” She’s too insane to be found guilty of a battery charge, but not quite insane enough to lose her reelection bid. [Chicago Tribune]

* Apologies to those with disabilities in California, but this ruling has given the Law School Admissions Council free reign to continue to flag your applications if you got extra time on the LSAT. [National Law Journal]

* GW Law School is adding a new question to its application to gauge the LGBT status its applicants. Not sure how this will affect cratering applications, but drink more of the Kool Aid if it makes you feel better. [GW Hatchet]

* Here’s some sage advice from our managing editor: “If you’re not okay with working for free, don’t take the internship.” Or, in the alternative, you can sue, and win a fat settlement check. [International Business Times]

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