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Disability Law

Free Speech

Delaware Agency Sues Homeowners Because They Sued Allegedly Disabled Neighbors Over Nonconforming Fence

No, says a Delaware judge: "Civil rights statutes" "do not eclipse the constitutional protections of the right to petition the government."

Eugene Volokh |The Volokh Conspiracy | 8.7.2025 8:32 AM

Wheelchair in front of the Supreme Court | Illustration: Eddie Marshall | Adam Parent | Jevgeni Mironov | Dreamstime.com

Supreme Court

Supreme Court Rules, Again, That Different Standards for Discrimination Plaintiffs Are Unconstitutional 

The Court ruled unanimously in favor of a disabled teenage girl and her family, who faced a higher bar to prove that her school discriminated against her.

Emma Camp | 6.13.2025 6:45 AM

Prison cell | Illustration: Eddie Marshall | Lou Oates | Dreamstime.com

Prisons

At a Missouri Prison, Inmates Fear for Their Lives in Sweltering Cells

Without air conditioning, inmates are "literally trapped in a burning hot cell," according to a new lawsuit.

Emma Camp | 5.19.2025 5:00 PM

Emotional support dog | Damedeeso/Dreamstime.com

Housing Policy

Feds Sue Another Landlord for Discriminating Against an Emotional Support Animal

Federal housing officials allege a New Hampshire landlord violated the Fair Housing Act for refusing to show a unit to two women with emotional support dogs.

Christian Britschgi | 10.9.2024 12:15 PM

Elected officials in Arizona stand on a stage in front of a screen that reads, "Celebrating an Arizona for Everyone." | Alexandra Buxbaum/Sipa USA/Newscom

School Choice

Arizona's Battle Against School Choice for Special Needs

State government officials deploy scare tactics against families of special needs students seeking alternatives.

Aaron Garth Smith | 4.10.2024 4:40 PM

Disability Law

ADA Doesn't Require Employer to Keep Customer-Facing Employee Whose Tourette's Leads Him to Use Slurs

The court reasoned that "excellent customer service is an essential function of [the employee's] specific delivery merchandiser position," and the employee couldn't provide it.

Eugene Volokh |The Volokh Conspiracy | 2.18.2024 8:01 AM

Disability Law

OK for Law School to Consider Whether "Students Possess the Mental and Emotional Stability to Join the Bar"

"[T]he wide-ranging conspiracy Doe posits, one that tormented an ordinary law student for months on end using actors, poison, and a weapon that can send electricity wirelessly through brick walls, is too far beyond the pale of human experience to credit without supporting evidence, of which Doe has provided none."

Eugene Volokh |The Volokh Conspiracy | 12.13.2023 8:01 AM

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