Service Pets, the ADA and the Supreme Court

On Monday, October 31, the Supreme Court will hear oral argument in Fry v. Napoleon Community Schools, an appeal by a 12-year-old Michigan girl with cerebral palsy who was not allowed to bring her service dog to school. The Court will consider whether Ehlena Fry’s family can sue the school district for violations of federal disability laws. Fry’s family obtained a goldendoodle, Wonder, to help her open doors and retrieve items. Her school district initially refused to allow Wonder at school. Officials relented a bit in 2010, but they placed many restrictions on Wonder. Ehlena and her dog later transferred to another school.

The family sued the school district in the US District Court for the Eastern District of Michigan for violations of the Americans with Disabilities Act (ADA) and the Rehabilitation Act. In January 2014, the court in EF ex rel. Fry v. Napoleon Community Schools, 2014 WL 106624 (subscription required) granted the defendant’s motion to dismiss the complaint ruling that the plaintiffs first had to seek an administrative hearing. In June 2015, the 6th Circuit Court of Appeals in Fry v. Napoleon Community Schools, 788 F. 3d 622 upheld that decision 2-1. The American Civil Liberties Union is representing the family. School districts around the country have repeatedly denied children with disabilities their right to bring service dogs to school often claiming the service animals are not necessary and that the schools can help the children through other means. The ACLU wants the justices to declare that children prevented from using service animals at school can proceed directly to court without having to go through administrative hearings that can be costly, time consuming and burdensome. The ACLU Petition for Certiorari is available here.  See also Ehlena and Wonder the Service Dog’s Incredible Journey to the Supreme Court and the video that the ACLU posted about her.

The school argues that exhausting administrative remedies encourages parents and schools to work together to determine the best plan for each child and are a cheaper way to resolve educational disputes. The Obama administration has backed the Fry family, saying the appeals court’s decision was wrong and “leads to unsound results.” The government said when the lawsuit was filed, Ehlena had already moved to a new school district and there was no ongoing dispute to compromise. Requiring her to go through administrative proceedings “would waste time and resources without offering any chance of resolving their actual dispute,” the Justice Department said in a brief to the court.

On the subject of service pets, SARA, the Brooklyn Law School Library catalog links to an online resource by the Office of the New York State Attorney General Civil Rights Bureau titled Freedom on Four Legs: Service Animals, Individuals with Disabilities, and the Law.

UPDATE: LexisNexis Digital Library Training Webinar & Live Session

lexisnexis-digital-libraryThe BLS Library is offering a webinar and a live training session to introduce students & faculty to the LexisNexis Digital Library.  As described in Reference Librarian Rosemary Campagna’s blog of October 15, 2016, the Library recently acquired a subscription to the LexisNexis Digital Library which gives students access to treatises, practice guides, and study aids in eBook format.

In order to formally introduce students and faculty to this important new resource, the Library is offering both a webinar and a live training session for the LexisNexis Digital Library.  Both sessions will cover the following topics:

  • How to access (both on-campus and off-campus)
  • Our library’s collection
  • Tools and functionality
  • Locating a title/volumes
  • Borrowing volumes
  • Bookmarks/highlights/annotations
  • Archives
  • Linking on-line research with “print” research
  • Recent and forthcoming enhancements

These sixty minute sessions will be offered on the following dates/times:

UPDATE:  THE PREVIOUSLY SCHEDULED WEBINAR FOR THURSDAY, NOVEMBER 3rd WILL BE REPLACED BY A LIVE TRAINING SESSION ON THURSDAY, NOVEMBER 10, 2016, 11AM-12NOON IN LIBRARY ROOM 113M.  SPACE IS LIMITED.  EMAIL to: linda.holmes@brooklaw.edu, if you would like to attend.

WEBINAR:  Monday, November 7, 2016, 4:00PM-5:00PM.

The instructor for both training sessions is Damian A. Burns, LexisNexis Digital & Print Sales Engineer, Damian.A.Burns@LexisNexis.com

Please follow this link at the time of the November 7th webinar to participate:

www.LexisNexisNow.com/Damian

 

 

Election 2016 – Polls, Predictions, and Analysis . . . Oh My!

Interested in taking a deeper dive into the polling and analysis being done right now on the 2016 Presidential Election?  Check out these websites:

http://fivethirtyeight.com/

538

http://predictwise.com/

predictwise

http://www.realclearpolitics.com/epolls/2016/president/us/general_election_trump_vs_clinton-5491.html

realclear

http://www.electiontracker.us/

bigdata

 

http://elections.huffingtonpost.com/pollster

huff

LexisNexis Digital Library Now Available at Brooklyn Law School Library

lexisdigitalCurrent law students and faculty can access the Law Library’s new subscription to the LexisNexis Digital Library.  This new subscription gives provides access to primary law, code books, treatises as well as study aids, such as the Understanding and Questions and Answers series.  Just sign in with your BLS user name and password for access.

The LexisNexis Digital Library provides eBook lending capabilities, much like lending a physical book.  The books are accessible via computer, smartphone and tablets.  They are compatible with all major devices  (Apple® products, Android, Amazon® Kindle®, etc.).  You can access them 24/7.

Borrowing times vary depending on the format, ranging from 7 days for a study aid and 30 days for a treatise.  We also have multiple copies of titles, so several users may access them at once.

Check out the Lexis/Nexis Digital Library and see what it has to offer.

 

 

Video of Conversation with Rudikoff and Zamfotis

This is an update of the September 23, 2016 post Episode 098 – Conversation BLS Alumni Greg Zamfotis and John Rudikoff. The update adds a video of the conversation to the audio linked in the earlier post. Additionally, John Mackin, Public Relations Manager at Brooklyn Law School, wrote a summary of the conversation which is available by clicking this link.

Episode 099 – Conversation with Prof. Susan Hazeldean and Rachel Russell

Episode 099 – Conversation with Prof. Susan Hazeldean and Rachel Russell.mp3

This conversation with Brooklyn Law School Assistant Professor of Law Susan Hazeldean and Rachel Russell, Class of 2017 and chair of the Brooklyn Law School OUTLaws, discusses the Brooklyn Law School LGBT Advocacy Clinic where students represent LGBT individuals in immigration and prisoners’ rights cases and undertake advocacy projects to advance LGBT equality. The conversation starts with Prof. Hazeldean describing the types of cases students handle during their time with the clinic. She also discusses a recent decision by the New York Court of Appeals, In the Matter of Brooke S.B. v Elizabeth A.C.C., in which the court reversed its 25-year-old ruling in the Matter of Alison D v. Virginia M., 77 N.Y.2d 651 (1991), which refused a non-biological lesbian mother standing to sue for visitation with the child that she had parented for six years because she was not a “parent” within the meaning of the New York Domestic Relations Law.

The conversation shifts to Rachel Russell and upcoming projects hosted by OUTLaws. OUTLaws is an organization of lesbian, gay, bisexual, transgender, queer (LGBTQ) students and straight allies within the BLS community. The group’s goals are to provide educational, political and social events for students and to foster connections with alumni and the legal community at large. OUTLaws programming addresses issues affecting LGBTQ civil rights, sponsors guest speakers, supports activism, and increases the visibility of LGBTQ people within the profession.

Seminar Paper Workshop: Resources and Recording

Last week Prof. Fajans and Librarian Kathy Darvil ran their semi-annual workshop on how to research and write a seminar paper.  Topics covered Image result for image writing a paperincluded sources for selecting your topic, sources for researching your topic, and how to effectively organize and write your paper.  If you were unable to attend the workshop, you can access an online research guide which contains a recording of the workshop, links to and descriptions of all the research sources discussed, and the writing and research presentations.  The online guide is available at guides.brooklaw.edu/seminarpaper.  From the guide’s landing page, you will be able to access a recording of the presentation, Professor Fajans’ slideshow on how to write your seminar paper, and Kathy Darvil’s online presentation on how to research your seminar paper.  If you should need further help selecting or researching your topic, please stop by the reference desk for assistance.

Episode 098 – Conversation BLS Alumni Greg Zamfotis and John Rudikoff

Episode 098 – Conversation with BLS Alumni Greg Zamfotis and John Rudikoff.mp3

This conversation with Brooklyn Law School alumni Gregory Zamfotis, Class of 2007, and John Rudikoff, Class of 2006 and CEO and managing director of the Brooklyn Law School Center for Business Entrepreneurship (CUBE), discusses how law students can broaden their career prospects by incorporating into their thinking a willingness to take risks and develop, organize and manage a business venture in their professional life.

GregsThe conversation starts with Greg Zamfotis, President and CEO of Gregorys Coffee, a high end coffee shop founded in December 2006. Greg discusses his law school career and his decision to forego the practice of law and open his first shop in New York City, home to some of the world’s most discerning coffee drinkers. The conversation touches on marketing, branding and the highly competitive atmosphere of his business. Greg also talks about how the skills he learned in law school have helped him run his business.

CUBEThe conversation then moves to John Rudikoff who has been director of CUBE since 2015. John discusses CUBE’s mission which focuses on training students to seek a competitive advantage in the job market and on providing essential legal services that startups need to scale up and become sustainable. Referring to a recent article on the WSJ Law Blog, Law School Graduates Finding Fewer Private Practice Jobs, John foresees that this conversation between him and Greg can be an ongoing discussion to help BLS law students enrolled in CUBE who can benefit from the enthusiasm that Greg brings to entrepreneurship.

BLS Library Databases Research Fair: September 29, 2016

fair-balloonsThe Fifth Annual Library Databases Research Fair will be held on Thursday, September 29th, 2016.  The Fair will be held in the Student Lounge from 3:00pm to 6:00pm.

Representatives from the following legal research companies will be here to demonstrate their databases:

  • Bloomberg Law
  • Ebsco
  • Fastcase
  • Lexis Digital
  • Lexis Nexis
  • ProQuest
  • Westlaw
  • Wolters Kluwer
  • The Library will showcase our E-Book Collection
  • Brochures/Pens/Post-Its provided by Hein Online

Come and learn how these databases will help you with your legal research.

There will be handouts, light refreshments, and a raffle drawing for gift cards.

Save the date:  Thursday, September 29th, 2016, 3:00pm – 6:00pm, Student Lounge.

Constitution Day Friday September 16th

To encourage all Americans to learn more about the Constitution Congress established Constitution Week in 1956 . It was to begin each year on September 17th, the date in 1787 when delegates to the Convention signed the Constitution. constitution_day

In 2004, Senator Robert C. Byrd of West Virginia included key provisions in the Consolidated Appropriations Act of Fiscal Year 2005 designating September 17th of each year as Constitution Day and requiring public schools and governmental offices to provide educational programs to promote a better understanding of the Constitution.

Test your knowledge of the Constitution. Take the Constitution Quiz and see how well you do.

Good luck!