Learning and Mental Disability Protection under the Americans with Disabilities Act in the Quest for Certification for the Practice of Law

The Americans with Disabilities Act was enacted in 1990 as a comprehensive scheme in which previously discriminated against classes would be guaranteed fair treatment in employment as well as other settings. The Act protects those with both physical and mental disabilities. With respect to certification for the practice of law, the Act has almost unique significance as the accommodations the Act calls for arguably clash with state bar standards of competence both in legal education and mental fitness for certification. These clashes tend to stem from two major situations-accommodation of the learning disabled student who may not be able to complete course work or examinations in the same time as others do and reluctance of prospective attorneys to answer questions regarding past mental health treatment on bar examination applications. This note will give an overview of current litigation regarding these issues and summarize what uniform decisions have been made with respect to these situations

Learning and Mental Disability Protection under the Americans with Disabilities Act in the Quest for Certification for the Practice of Law

The Americans with Disabilities Act was enacted in 1990 as a comprehensive scheme in which previously discriminated against classes would be guaranteed fair treatment in employment as well as other settings. The Act protects those with both physical and mental disabilities. With respect to certification for the practice of law, the Act has almost unique significance as the accommodations the Act calls for arguably clash with state bar standards of competence both in legal education and mental fitness for certification. These clashes tend to stem from two major situations-accommodation of the learning disabled student who may not be able to complete course work or examinations in the same time as others do and reluctance of prospective attorneys to answer questions regarding past mental health treatment on bar examination applications. This note will give an overview of current litigation regarding these issues and summarize what uniform decisions have been made with respect to these situations

Commercial Exploitation or Protected Use? Stern v. Delphi Internet Services Corporation and the Erosion of the Right of Publicity

This article addresses the repercussions of Stern v. Delphi Internet Services Corporation and argues that the decision in Stern opens the door to a broader interpretation of “newsworthiness” and “public interest” that will enable advertisers broader First Amendment protections when using “unauthorized” likenesses. This article posits that artful advertisers could very well use the theory of Stern as a basis for virtually ensuring that every “unauthorized likeness” will enjoy First Amendment protection and not be considered as violative of the right of publicity

Internet Jurisdictional Issues: Fundamental Fairness in a Virtual World

This Article explains Internet jurisdictional issues within the current framework that enables a state to assert in personam jurisdiction. This Article argues that existing jurisdictional tests are appropriate in determining the fairness of jurisdiction in cases involving the Internet, despite the vast outreach capacity of computers. This Article will first examine the development of law concerning in personam jurisdiction. Next, this Article will reflect on how courts have handled jurisdictional issues respecting other modes of communication, namely the mail and telephone. Third, this Article will argue that in traditional jurisdictional analysis, courts have placed primary emphasis on business contacts and purposeful conduct prior to asserting that a minimum contact standard has been met and that Internet bulletin board postings, alone, rarely fit into these categories. Finally, this Article will conclude by asserting that current jurisdictional standards can easily be applied to situations in which the contact point between states is an Internet transaction and that it is not necessary to redevelop jurisdictional tests to accommodate computer technology

Commercial Exploitation or Protected Use? Stern v. Delphi Internet Services Corporation and the Erosion of the Right of Publicity

This article addresses the repercussions of Stern v. Delphi Internet Services Corporation and argues that the decision in Stern opens the door to a broader interpretation of “newsworthiness” and “public interest” that will enable advertisers broader First Amendment protections when using “unauthorized” likenesses. This article posits that artful advertisers could very well use the theory of Stern as a basis for virtually ensuring that every “unauthorized likeness” will enjoy First Amendment protection and not be considered as violative of the right of publicity

Democratic Excess in the Use of Zoning Referenda

This article argues that while mandatory referenda may be legal, it is an unnecessary step that thwarts zoning legislation. The article further argues that the Supreme Court\u27s conclusion in Eastlake v. Forest City Enterprises, Inc. is not a realistic vision of the zoning process. Rather the previous standards of Euclid v. Ambler Realty Co. and Moore v. East Cleveland are sufficient to ensure an efficient process of municipal management

Hallmarks of the Mott-Metal Crossover in the Hole-Doped Pseudospin-1/2 Mott Insulator Sr\u3csub\u3e2\u3c/sub\u3eIrO\u3csub\u3e4\u3c/sub\u3e

The physics of doped Mott insulators remains controversial after decades of active research, hindered by the interplay among competing orders and fluctuations. It is thus highly desired to distinguish the intrinsic characters of the Mott-metal crossover from those of other origins. Here we investigate the evolution of electronic structure and dynamics of the hole-doped pseudospin-1/2 Mott insulator Sr2IrO4. The effective hole doping is achieved by replacing Ir with Rh atoms, with the chemical potential immediately jumping to or near the top of the lower Hubbard band. The doped iridates exhibit multiple iconic low-energy features previously observed in doped cuprates—pseudogaps, Fermi arcs and marginal-Fermi-liquid-like electronic scattering rates. We suggest these signatures are most likely an integral part of the material’s proximity to the Mott state, rather than from many of the most claimed mechanisms, including preformed electron pairing, quantum criticality or density-wave formation

Democratic Excess in the Use of Zoning Referenda

This article argues that while mandatory referenda may be legal, it is an unnecessary step that thwarts zoning legislation. The article further argues that the Supreme Court\u27s conclusion in Eastlake v. Forest City Enterprises, Inc. is not a realistic vision of the zoning process. Rather the previous standards of Euclid v. Ambler Realty Co. and Moore v. East Cleveland are sufficient to ensure an efficient process of municipal management