Disability Law

* What Dewey know about this failed firm’s bankruptcy case? According to Judge Glenn’s latest order, it seems like D&L’s Chapter 11 plan is on track for confirmation in late February, unless there are objections, of course. [Am Law Daily (sub. req.)]

* The Law School Admission Council is suing California because the state’s legislature banned the practice of alerting schools when applicants had extra time to complete the LSAT. How lovely that LSAC values the ability to discriminate. [National Law Journal]

* “It’s not like we let anybody in the door. We don’t.” Apparently Cooley Law’s new Florida campus has very stringent admissions standards. Oh really? What else is required, aside from a pulse? [Tampa Tribune]

* It’s now too constitutionally risky for cops to get all frisky: a federal judge ordered that the NYPD cease its stock-and-frisk trespass stops without reasonable suspicion of actual trespass. [New York Law Journal]

* Tamara Brady, the lawyer for the accused shooter in the Aurora movie theater massacre, is setting the stage for her client’s diminished capacity defense — because even the mentally ill can buy guns. [Bloomberg]

* Pfc. Bradley Manning of WikiLeaks infamy will receive a reduced sentence if he’s convicted due to his illegal pretrial punishment, like being forced to sleep in the nude. A true hero! [Nation Now / Los Angeles Times]

I’d like this story a lot better if it was about an associate busted for using a fake disability to get extra time, instead of just about an associate getting busted for not actually having whatever BS affliction the kids are using these days. But I guess this is a start.

A Hastings Law graduate and former summer associate at Morrison & Foerster was nailed for faking an unnamed disability to get more time on the California bar exam.

In related news, I’ll now be marketing myself as a disability-faker detector. I have a simple methodology for determining fakers, and I’m not afraid to share it. My system is: if you can fake it so well that I can’t tell the difference, then it’s not a real disability that requires extra time in the first place!

I’ll be coming to a bar testing center near you to show my proven method in action…

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* Happy Blogiversary to… us. Above the Law turned six years old last week. In blog years, that’s like 100. I think we should put that on the masthead: Above the Law, Established circa 1912. In any event, thanks to all of our loyal readers who have been here from the beginning. Click on the link to take a look at how it all began. [Above the Law]

* Family claims they were kicked off a flight because the airline didn’t want their child with Down Syndrome sitting in first class. If they win, I think they are going to be able to afford a lot of first class flights in the future. [The Consumerist]

* Obama is going to have more judicial vacancies after his first term than he inherited from Bush. Part of the problem is that conservatives know how important the courts are and move to obstruct the President at every opportunity. Part of the problem is that progressives don’t seem to understand how important this issue is. [Boston Review]

* I hope many of you spent your Labor Day not feeling bad about having no paid labor. [The Onion]

* I do not rule out the possibility that the who pretend to be concerned that affirmative-action “hurts” minorities are the biggest goddamn hypocrites on the face of the Earth. [Accuracy in Academia]

* Don’t get me wrong, affirmative-action is so going down this upcoming term. There might be suitable alternatives in its place. I’m just finding it funny how some people are so outraged by this one program that allows colleges to “consider” race while developing their class. I can’t imagine how people would react if there was an inherent racial preference in American society for four hundred years. [SCOTUSblog]


Back in September 2011, we mentioned to our readers via Morning Docket that Ronald Kratz II, a 680-pound man, had allegedly been fired because he was too fat. At that point, the Equal Employment Opportunity Commission had stepped in to sue on this gentleman’s behalf, because apparently his employer perceived his size as a disability.

Now, almost one year later, we’ve got an update on the status of Kratz’s lawsuit. His settlement check is almost as large as he was at the time he was terminated….

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Folks go out there and say, ‘I’m mad at the plaintiffs,’ and ‘I see the same names,’ and ‘Let’s go bash the plaintiffs’ attorneys.’ I don’t mind that, but the law has been there, don’t kid yourself.

Martin J. Coleman, defending the barrage of Americans with Disabilities Act suits that he and other plaintiffs’ attorneys have filed in New York City.

(Coleman also had more choice words for his detractors. Check them out, as well as the other side of the ADA suit debate, after the jump.)

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Just blaze... until July.

* Say sayonara to the Buffett Rule. Senate Republicans were successful in blocking the 30% tax on millionaires proposed by Democrats. And thank God, because that trickle down thing is totally working for us right now. [Wall Street Journal]

* Rich lawyers keep getting richer because they keep increasing their fees. That being said, where the hell are the bonuses? Come on now, SullCrom, are you seriously going to make us all wait until June? That’s really not very nice. [Thomson Reuters News & Insight]

* Well, that was quick: one minute men abound in the George Zimmerman circus. Mark O’Mara filed a motion to get Judge Recksiedler off the case, and the media filed a motion to get access to sealed records. [CNN]

* A federal judge presiding over the John Edwards campaign finance trial dismissed 47 potential jurors. Dude gets around, because apparently he had slept with all of them. Nah, he wishes, though. [Bloomberg]

* As a law school, it sure is easy to claim that just under 100% of the class of 2010 was employed nine months after graduation, especially when you were the one employing them. [National Law Journal]

* Seems like the New York Times has finally caught on to the ADA troll trend. Lawyers are recruiting clients to file suits against noncompliant businesses, but at least the disabled reap the rewards. [New York Times]

* Prospective welfare recipients in Georgia have a few more months to blaze before they’ll have to pass a drug test to receive benefits. Smoke two joints before you prepare for all the incoming lawsuits. [Washington Post]

Keith Olbermann

* Professor Eugene Volokh wonders if Justice Sonia Sotomayor is truly the first disabled justice. [Volokh Conspiracy]

* Speaking of SCOTUS, should President Obama turn it into a campaign issue? First Amendment lawyer Marvin Ammori thinks so. [The Atlantic]

* We recently mentioned Keith Olbermann’s lawsuit against his former employer, Current TV. Now Current is turning the tables with a countersuit. [Thomson Reuters News & Insight]

* Threatening federal financial regulators: not a wise idea. Trader Vincent McCrudden learned that the hard way. [Dealbreaker]

* “Get High, Get Mauled By Bear, Get Workers’ Compensation?” [Legal Juice]

Yul Kwon: coming to a television near you.

* Adventures in trademark law — starring model, socialite, and reality TV star Olivia Palermo. [Fashionista]

* When is the best time to submit articles to law reviews? Professor Shima Baradaran is collecting data. [PrawfsBlawg]

* One of ATL’s favorite celebrities — Yale Law School grad Yul Kwon, the first Asian-American winner of Survivor (as well as a former Second Circuit clerk and McKinsey consultant) — is returning to television, hosting a new show.

What’s the show about? Find out, after the jump.

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You realize your kids won't even learn how to do this.

Given the tough job market, law students are doing everything they can to get a leg up on the competition. Whether that means showing up with freshly baked cookies before the interviews, or pumping out handwritten thank you notes after they meet people, students are going to the mattresses.

I’m serious about the cookies and notes. I had a person ask me if she should bring cookies to her interview (to which I said, “I think they’ll be more eager to receive their blow jobs…. you realize I’m joking, right? Do not bring cookies or blow people in interviews.”) For thank you notes, even some career service professionals suggest handing them out. Because nothing says “I’m desperate to have one more second of your attention before you throw this away” like a thank you card.

But why should a law student hand-write his own handwritten thank you card? This is American legal education in 2012, baby. Surely, there is a law student out there who is just desperate enough to write another law student’s thank you cards. At least that’s what one student at a top law school was hoping….

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Like most of you, I spend my free time trying to come up with a plot idea for Miss Congeniality 3. Indeed, Miss Congeniality and Miss Congeniality 2: Armed and Fabulous were just not enough. It is hard, however, to mess with perfection.

Having reached the limits of my creativity, I decided to look to actual events (and, of course, small law firm news) to serve as the inspiration for my movie plot. And I found just what I was looking for, thanks to a real-life Miss Congeniality and Mr. Social Security.

Intrigued? Check out photos of a certified hottie, after the break….

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A little while back, we asked how many of you had tried Adderall, the ADHD drug that some students use to get a boost around study time. A whopping 30% of you said you had tried the drug and 70% of you are lying.

It’s a figure that should make law school deans sit up and take notice. You know, if they weren’t busy figuring out how to charge the students more money for an education that isn’t getting more valuable in any way.

But now let’s ask the fun question. Is using Adderall that big of a deal?

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