From ces2266 at columbia.edu Sun Oct 2 00:30:12 2022 From: ces2266 at columbia.edu (Caleb E. Smith) Date: Sat, 1 Oct 2022 20:30:12 -0400 Subject: [blindLaw] Reading the U.S. Code Message-ID: Hi all, Perhaps this has been asked before, but what tips do people have for reading long, long sections of U.S. code that have many sub, sub-sub, sub-sub-sub sections, etc? I just started with a tax department and some sections of the code get quite ridiculous. And obviously th*e advice from s*ome lawyers in my firm, that they like to pull out the physical book so they can better skim it and see the indentations, is not helpful. Between JAWS, various services like Bloomberg, or using Word or other resources, I don't know if folks have found a good way to read the code or to arrange it to make it quicker to find things and jump around within a given section. Caleb Smith From sbadillo100 at gmail.com Sun Oct 2 16:01:48 2022 From: sbadillo100 at gmail.com (Sarah Badillo) Date: Sun, 2 Oct 2022 12:01:48 -0400 Subject: [blindLaw] BlindLaw Digest, Vol 221, Issue 1 In-Reply-To: References: Message-ID: Is there anyway that you can put the code into HTML format? Maybe if it’s in that particular format, there could be heading levels. Otherwise, I used it on legal databases such as Lexus or West law. That way I could search for what I needed, or just browse back and move to a different subsection. databases in these kind of legal websites should have search field so you could search for keywords or numbers. If all else fails, especially with Westlaw or Lexus, I just made a phone call and they helped me. Sent from my iPhone > On Oct 2, 2022, at 8:03 AM, blindlaw-request at nfbnet.org wrote: > > Send BlindLaw mailing list submissions to > blindlaw at nfbnet.org > > To subscribe or unsubscribe via the World Wide Web, visit > http://nfbnet.org/mailman/listinfo/blindlaw_nfbnet.org > or, via email, send a message with subject or body 'help' to > blindlaw-request at nfbnet.org > > You can reach the person managing the list at > blindlaw-owner at nfbnet.org > > When replying, please edit your Subject line so it is more specific > than "Re: Contents of BlindLaw digest..." > > > Today's Topics: > > 1. Reading the U.S. Code (Caleb E. Smith) > > > ---------------------------------------------------------------------- > > Message: 1 > Date: Sat, 1 Oct 2022 20:30:12 -0400 > From: "Caleb E. Smith" > To: Blind Law Mailing List > Subject: [blindLaw] Reading the U.S. Code > Message-ID: > > Content-Type: text/plain; charset="UTF-8" > > Hi all, > Perhaps this has been asked before, but what tips do people have for > reading long, long sections of U.S. code that have many sub, sub-sub, > sub-sub-sub sections, etc? I just started with a tax department and some > sections of the code get quite ridiculous. And obviously th*e advice from s*ome > lawyers in my firm, that they like to pull out the physical book so they > can better skim it and see the indentations, is not helpful. > > Between JAWS, various services like Bloomberg, or using Word or other > resources, I don't know if folks have found a good way to read the code or > to arrange it to make it quicker to find things and jump around within a > given section. > > Caleb Smith > > > ------------------------------ > > Subject: Digest Footer > > _______________________________________________ > BlindLaw mailing list > BlindLaw at nfbnet.org > http://nfbnet.org/mailman/listinfo/blindlaw_nfbnet.org > > > ------------------------------ > > End of BlindLaw Digest, Vol 221, Issue 1 > **************************************** From NSingh at cov.com Sun Oct 2 20:45:48 2022 From: NSingh at cov.com (Singh, Nandini) Date: Sun, 2 Oct 2022 20:45:48 +0000 Subject: [blindLaw] Reading the U.S. Code In-Reply-To: References: Message-ID: <484f904fd0264b8581264cc935208cec@cov.com> Here are my general recommendations: First, I like to understand the universe of laws for the sub topic. For example, I did some background research to orient me to the basic statutes relevant to a pro bono immigration matter I had involving expedited removal and visa revocation. The visa laws and regulations can get quite detailed. That basic research can be Google searches or else diving into a treatise. I imagine that there are some foundational tax treatises that provide you overviews of the major topics, including the most cited statutes and regulations. I like to download the treatise entry, so I can refer back to those statutory citations. Second, I enter the full statute or regulatory cite into Westlaw. I am a big Westlaw fan, so most of my explanation pertains to it, but Lexis should give you similar results. At this point, you should keep the basic format of federal law in mind for a statutory section: lower case letters, numbers, capital letters, Romanettes, etc. Beyond Romanettes, it can vary a bit. Between the treatise entry and the U.S. section, I can usually locate the relevant part of the statutory subsection if I take my time. The treatise often gives me a phrase for which I can do a "find" command. I can also return to the treatise to double check myself. Third, depending on how big the statutory section is, it is useful to download the section into Word format. Westlaw makes this part easy. Once I have the Word document of the statute, I locate the specific subsection, sub-subsection , or whatever and mark up the document. Earlier, I put a star or "at" sign near the relevant text. I now use the native comment or bookmark features in the Word program. The comments are great if I want to write myself a note about the section. Bookmarks are nice because you can mark up the document with as many bookmarks, but they remain invisible to sighted people. They are also a separate element of the document, so they do not interfere with standard JAWS navigation commands. That being said, JAWS offers you a shortcut (alt-insert-B I believe) to pull up the entire list of bookmarks in your document. Fourth, rewrite and/or copy-and-paste the relevant parts of the statute, employing ellipses as needed. At some point you will do this especially if you have to produce a memo or a brief for someone. Unless you are quoting a definition, nobody is going to want to see the full subsection (very junior associate move), as they would have expected you to have completed that step already. You may as well become comfortable with the law and also save time when you eventually have to draft a document for someone else. Fifth, practice. I think once you have spent a few years wading through long statutes or regs, it becomes easier. You feel more confident breezing over material that is clearly irrelevant. Usually, only a short phrase or a couple of sentences are at the center of the analysis you end up conducting. Sorry for the long response, but I hope something here helps you. -----Original Message----- From: BlindLaw On Behalf Of Caleb E. Smith via BlindLaw Sent: Saturday, October 1, 2022 8:30 PM To: Blind Law Mailing List Cc: Caleb E. Smith Subject: [blindLaw] Reading the U.S. Code [EXTERNAL] Hi all, Perhaps this has been asked before, but what tips do people have for reading long, long sections of U.S. code that have many sub, sub-sub, sub-sub-sub sections, etc? I just started with a tax department and some sections of the code get quite ridiculous. And obviously th*e advice from s*ome lawyers in my firm, that they like to pull out the physical book so they can better skim it and see the indentations, is not helpful. Between JAWS, various services like Bloomberg, or using Word or other resources, I don't know if folks have found a good way to read the code or to arrange it to make it quicker to find things and jump around within a given section. Caleb Smith _______________________________________________ BlindLaw mailing list BlindLaw at nfbnet.org http://nfbnet.org/mailman/listinfo/blindlaw_nfbnet.org To unsubscribe, change your list options or get your account info for BlindLaw: http://nfbnet.org/mailman/options/blindlaw_nfbnet.org/nsingh%40cov.com From glnorman15 at hotmail.com Mon Oct 3 00:41:25 2022 From: glnorman15 at hotmail.com (GL Norman) Date: Mon, 3 Oct 2022 00:41:25 +0000 Subject: [blindLaw] Sustaining Democracy Panel at PMAA Fed. Government 3 October at 6:30 P.M. In-Reply-To: References: Message-ID: >From G. Norman, Esq. L.L.M. Cell: (410) 241-6745 P.S. More importantly, our thoughts are with all impacted by the terrible tempest, such as in Florida notably. Friends: I possess the honor to be our co-Chair of Professional Development at PMAA. Two outstanding public servants with disabilities will be our key participants on the dialogue-based panel tomorrow. I will co-lead tomorrow night the following: The Presidential Management Alumni Association's Sustaining Democracy: Disability Inclusion and Public Service event. This is a hybrid event on October 3rd from 6:30 pm -8:00 pm. If you are interested, click the link to register! 1. This is a hybrid event. So, that means we will be live as well at a law firm located: 1701 Pennsylvania Ave. N.W. It is at suite 700. 2. Naturally, there is the Zoom option. As to either, if you need help in registering, let us know. If you require accommodations, let us know offline to this missive. I copy our outstanding Executive Director. From jlynnbarrow at gmail.com Mon Oct 3 13:30:02 2022 From: jlynnbarrow at gmail.com (Jennifer Barrow) Date: Mon, 3 Oct 2022 09:30:02 -0400 Subject: [blindLaw] Reading the U.S. Code In-Reply-To: <484f904fd0264b8581264cc935208cec@cov.com> References: <484f904fd0264b8581264cc935208cec@cov.com> Message-ID: <7475D584-8B90-4BEE-9C60-C24B09D439D7@gmail.com> Hi. In addition to the excellent suggestions already provided, I like to do a control F for the left parenthesis if am looking at a part of the statute I’m not familiar with and I’m trying to make sense of all the levels involved. Continually hitting the F3 key to find each next parenthesis often jumps to the next sub level. Or, if I do a controlled find for a left parenthesis and the letter b, and I know the whole subsection isn’t what I want, I might then do a control find for the parenthesis and the letter c, confirming that the next instance I find will be lowercase, to find the next large sub section. Sent from my iPhone > On Oct 2, 2022, at 4:47 PM, Singh, Nandini via BlindLaw wrote: > > Here are my general recommendations: > > First, I like to understand the universe of laws for the sub topic. For example, I did some background research to orient me to the basic statutes relevant to a pro bono immigration matter I had involving expedited removal and visa revocation. The visa laws and regulations can get quite detailed. That basic research can be Google searches or else diving into a treatise. I imagine that there are some foundational tax treatises that provide you overviews of the major topics, including the most cited statutes and regulations. I like to download the treatise entry, so I can refer back to those statutory citations. > > Second, I enter the full statute or regulatory cite into Westlaw. I am a big Westlaw fan, so most of my explanation pertains to it, but Lexis should give you similar results. At this point, you should keep the basic format of federal law in mind for a statutory section: lower case letters, numbers, capital letters, Romanettes, etc. Beyond Romanettes, it can vary a bit. Between the treatise entry and the U.S. section, I can usually locate the relevant part of the statutory subsection if I take my time. The treatise often gives me a phrase for which I can do a "find" command. I can also return to the treatise to double check myself. > > Third, depending on how big the statutory section is, it is useful to download the section into Word format. Westlaw makes this part easy. Once I have the Word document of the statute, I locate the specific subsection, sub-subsection , or whatever and mark up the document. Earlier, I put a star or "at" sign near the relevant text. I now use the native comment or bookmark features in the Word program. The comments are great if I want to write myself a note about the section. Bookmarks are nice because you can mark up the document with as many bookmarks, but they remain invisible to sighted people. They are also a separate element of the document, so they do not interfere with standard JAWS navigation commands. That being said, JAWS offers you a shortcut (alt-insert-B I believe) to pull up the entire list of bookmarks in your document. > > Fourth, rewrite and/or copy-and-paste the relevant parts of the statute, employing ellipses as needed. At some point you will do this especially if you have to produce a memo or a brief for someone. Unless you are quoting a definition, nobody is going to want to see the full subsection (very junior associate move), as they would have expected you to have completed that step already. You may as well become comfortable with the law and also save time when you eventually have to draft a document for someone else. > > Fifth, practice. I think once you have spent a few years wading through long statutes or regs, it becomes easier. You feel more confident breezing over material that is clearly irrelevant. Usually, only a short phrase or a couple of sentences are at the center of the analysis you end up conducting. > > Sorry for the long response, but I hope something here helps you. > > > -----Original Message----- > From: BlindLaw On Behalf Of Caleb E. Smith via BlindLaw > Sent: Saturday, October 1, 2022 8:30 PM > To: Blind Law Mailing List > Cc: Caleb E. Smith > Subject: [blindLaw] Reading the U.S. Code > > [EXTERNAL] > > Hi all, > Perhaps this has been asked before, but what tips do people have for reading long, long sections of U.S. code that have many sub, sub-sub, sub-sub-sub sections, etc? I just started with a tax department and some sections of the code get quite ridiculous. And obviously th*e advice from s*ome lawyers in my firm, that they like to pull out the physical book so they can better skim it and see the indentations, is not helpful. > > Between JAWS, various services like Bloomberg, or using Word or other resources, I don't know if folks have found a good way to read the code or to arrange it to make it quicker to find things and jump around within a given section. > > Caleb Smith > _______________________________________________ > BlindLaw mailing list > BlindLaw at nfbnet.org > http://nfbnet.org/mailman/listinfo/blindlaw_nfbnet.org > To unsubscribe, change your list options or get your account info for BlindLaw: > http://nfbnet.org/mailman/options/blindlaw_nfbnet.org/nsingh%40cov.com > > _______________________________________________ > BlindLaw mailing list > BlindLaw at nfbnet.org > http://nfbnet.org/mailman/listinfo/blindlaw_nfbnet.org > To unsubscribe, change your list options or get your account info for BlindLaw: > http://nfbnet.org/mailman/options/blindlaw_nfbnet.org/jlynnbarrow%40gmail.com From glnorman15 at hotmail.com Mon Oct 3 13:53:41 2022 From: glnorman15 at hotmail.com (GL Norman) Date: Mon, 3 Oct 2022 13:53:41 +0000 Subject: [blindLaw] Tonight at 6:30 P.M. Registration Link Re-provided Message-ID: >From G. Norman, Esq. L.L.M. Mason Public Servant Past P.M.F. and Pro Bono Advisor at PMAA Hello: Join bowie and me physically or virtually tonight starting promptly at 6:30 P.M. Event registration link: https://www.eventbrite.com/e/sustaining-democracy-disability-inclusion-and-public-service-tickets-422567750517 From davant1958 at gmail.com Mon Oct 3 17:14:00 2022 From: davant1958 at gmail.com (davant1958 at gmail.com) Date: Mon, 3 Oct 2022 12:14:00 -0500 Subject: [blindLaw] FW: Law School Positions: Individuals with Disabilities Welcome In-Reply-To: References: Message-ID: <042901d8d74b$8837d8b0$98a78a10$@gmail.com> FYI. From: The Disability Discussion Docket (3D) <3D at MAIL.AMERICANBAR.ORG> On Behalf Of Amy Allbright Sent: Monday, October 3, 2022 9:33 AM To: 3D at MAIL.AMERICANBAR.ORG Subject: Law School Positions: Individuals with Disabilities Welcome Advocacy Mitchell Hamline is hiring a tenure-track or tenured professor to teach trial/appellate advocacy and other subjects and to take a leadership role in developing our advocacy program. We are open to lateral hires as well as candidates entering the teaching field from practice. The priority date for applications is January 1, 2023. We plan to make hiring decisions by March 1. More information is available here: https://mitchellhamline.applicantpro.com/jobs/2507001.html Academic Excellence Mitchell Hamline is hiring a tenure-track or tenured professor/dean to lead our academic support and bar prep programs, and to teach in other areas. We are open to senior lateral candidates in addition to others. The priority date for applications is January 1, 2023. We plan to make hiring decisions by March 1. More information is available here: https://mitchellhamline.applicantpro.com/jobs/2506984.html Amy Allbright Staff Director Commission on Disability Rights (CDR) - Mail Stop 8.0 American Bar Association (ABA) 1050 Connecticut Avenue, NW, Suite 400 Washington, DC 20036-5303 T: 202.662.1575 Cell: 703.336.2501 F: 202.442.3439 amy.allbright at americanbar.org http://www.americanbar.org/disability pronouns: she/her/ hers ______________________________________ Thank you for your continued interest in this list. To unsubscribe, email 3D-UNSUBSCRIBE-request at mail.americanbar.org . If you have any issues, contact the ABA staff list owner(s) via email: 3D-request at mail.americanbar.org . ______________________________________ The purpose of this discussion is to enable individuals to share and exchange their personal views on topics and issues of importance to the legal profession. All comments that appear are solely those of the individual, and do not reflect ABA positions or policy. The ABA endorses no comments made herein. From sbadillo100 at gmail.com Tue Oct 4 14:34:12 2022 From: sbadillo100 at gmail.com (Sarah Badillo) Date: Tue, 4 Oct 2022 10:34:12 -0400 Subject: [blindLaw] Working with PDF documents Message-ID: Hello, I was wondering whether anyone had any experience working with jaws for windows and PDF documents? In other words, how can I fill out forms that do not have an edit field in the PDF or change things around in these kinds of documents. Thanks in advance for your help Sent from my iPhone From dandrews920 at comcast.net Tue Oct 4 14:39:25 2022 From: dandrews920 at comcast.net (dandrews920 at comcast.net) Date: Tue, 4 Oct 2022 09:39:25 -0500 Subject: [blindLaw] Working with PDF documents In-Reply-To: References: Message-ID: <019801d8d7ff$1afde9b0$50f9bd10$@comcast.net> You can't. PDF's are what they are and can't be easily changed. If JAWS doesn't see edit field, the creator of the form did something wrong -- or it is intended that you print out on paper and fill it out that way. Dave -----Original Message----- From: BlindLaw On Behalf Of Sarah Badillo via BlindLaw Sent: Tuesday, October 4, 2022 9:34 AM To: blindlaw at nfbnet.org Cc: Sarah Badillo Subject: [blindLaw] Working with PDF documents Hello, I was wondering whether anyone had any experience working with jaws for windows and PDF documents? In other words, how can I fill out forms that do not have an edit field in the PDF or change things around in these kinds of documents. Thanks in advance for your help Sent from my iPhone _______________________________________________ From NSingh at cov.com Tue Oct 4 16:46:02 2022 From: NSingh at cov.com (Singh, Nandini) Date: Tue, 4 Oct 2022 16:46:02 +0000 Subject: [blindLaw] Working with PDF documents In-Reply-To: <019801d8d7ff$1afde9b0$50f9bd10$@comcast.net> References: <019801d8d7ff$1afde9b0$50f9bd10$@comcast.net> Message-ID: <723ab9519bc54e3198f8432319bf6dba@cov.com> Second. I will add that you can use a more sophisticated PDF editor, like Power PDF, and force the issue. These pieces of software have inconsistent success with JAWS. However, they do enable you to edit PDFs. For your specific scenario, if the PDF does not come with form fields built-in, it is either a mistake in how the PDF was prepared or else the author probably intended you to print out the document and fill it out by hand. In 2022, the latter is astounding to encounter, but it does happen. -----Original Message----- From: BlindLaw On Behalf Of David Andrews via BlindLaw Sent: Tuesday, October 4, 2022 10:39 AM To: 'Blind Law Mailing List' Cc: dandrews920 at comcast.net Subject: Re: [blindLaw] Working with PDF documents [EXTERNAL] You can't. PDF's are what they are and can't be easily changed. If JAWS doesn't see edit field, the creator of the form did something wrong -- or it is intended that you print out on paper and fill it out that way. Dave -----Original Message----- From: BlindLaw On Behalf Of Sarah Badillo via BlindLaw Sent: Tuesday, October 4, 2022 9:34 AM To: blindlaw at nfbnet.org Cc: Sarah Badillo Subject: [blindLaw] Working with PDF documents Hello, I was wondering whether anyone had any experience working with jaws for windows and PDF documents? In other words, how can I fill out forms that do not have an edit field in the PDF or change things around in these kinds of documents. Thanks in advance for your help Sent from my iPhone _______________________________________________ _______________________________________________ BlindLaw mailing list BlindLaw at nfbnet.org http://nfbnet.org/mailman/listinfo/blindlaw_nfbnet.org To unsubscribe, change your list options or get your account info for BlindLaw: http://nfbnet.org/mailman/options/blindlaw_nfbnet.org/nsingh%40cov.com From pleaseletmesee2016 at gmail.com Tue Oct 4 16:57:51 2022 From: pleaseletmesee2016 at gmail.com (pleaseletmesee2016 at gmail.com) Date: Tue, 4 Oct 2022 12:57:51 -0400 Subject: [blindLaw] interesting and entertaining podcast... Message-ID: <005001d8d812$711397b0$533ac710$@gmail.com> Hello all! Randomly came across this highly interesting and entertaining podcast today. And was hoping you guys would appreciate it as much as I did! enjoy! The Tortoise and the Hare Revisionist History A weird speech by Antonin Scalia, a visit with some serious legal tortoises, and a testy exchange with the experts at the Law School Admissions Council prompts Malcolm to formulate his Grand Unified Theory for fixing higher education. Learn more at https://www.iheartpodcastnetwork.comSee omnystudio.com/listener for privacy information. From tmatzick06 at gmail.com Tue Oct 4 17:22:53 2022 From: tmatzick06 at gmail.com (Tara Chavez) Date: Tue, 4 Oct 2022 11:22:53 -0600 Subject: [blindLaw] interesting and entertaining podcast... In-Reply-To: <005001d8d812$711397b0$533ac710$@gmail.com> References: <005001d8d812$711397b0$533ac710$@gmail.com> Message-ID: <01d101d8d815$efeb7cd0$cfc27670$@gmail.com> Hi, The link didn't work. I couldn't figure out how to find the episode on the I heart website either. Tara -----Original Message----- From: BlindLaw On Behalf Of Yoon via BlindLaw Sent: Tuesday, October 4, 2022 10:58 AM To: BlindLaw at nfbnet.org Cc: pleaseletmesee2016 at gmail.com Subject: [blindLaw] interesting and entertaining podcast... Hello all! Randomly came across this highly interesting and entertaining podcast today. And was hoping you guys would appreciate it as much as I did! enjoy! The Tortoise and the Hare Revisionist History A weird speech by Antonin Scalia, a visit with some serious legal tortoises, and a testy exchange with the experts at the Law School Admissions Council prompts Malcolm to formulate his Grand Unified Theory for fixing higher education. Learn more at https://www.iheartpodcastnetwork.comSee omnystudio.com/listener for privacy information. _______________________________________________ BlindLaw mailing list BlindLaw at nfbnet.org http://nfbnet.org/mailman/listinfo/blindlaw_nfbnet.org To unsubscribe, change your list options or get your account info for BlindLaw: http://nfbnet.org/mailman/options/blindlaw_nfbnet.org/tmatzick06%40gmail.com From dmanners at jd16.law.harvard.edu Tue Oct 4 17:31:20 2022 From: dmanners at jd16.law.harvard.edu (Derek Manners) Date: Tue, 4 Oct 2022 13:31:20 -0400 Subject: [blindLaw] Working with PDF documents In-Reply-To: <723ab9519bc54e3198f8432319bf6dba@cov.com> References: <723ab9519bc54e3198f8432319bf6dba@cov.com> Message-ID: <9A7BA31D-A28A-4179-B876-37359044F5AC@jd16.law.harvard.edu> If it’s a public form, you can sometimes find a tillable version online. I’m doing that now with a form I’m completing for a pro bono client. Sent from my iPhone > On Oct 4, 2022, at 12:47 PM, Singh, Nandini via BlindLaw wrote: > > Second. I will add that you can use a more sophisticated PDF editor, like Power PDF, and force the issue. These pieces of software have inconsistent success with JAWS. However, they do enable you to edit PDFs. > > For your specific scenario, if the PDF does not come with form fields built-in, it is either a mistake in how the PDF was prepared or else the author probably intended you to print out the document and fill it out by hand. In 2022, the latter is astounding to encounter, but it does happen. > > -----Original Message----- > From: BlindLaw On Behalf Of David Andrews via BlindLaw > Sent: Tuesday, October 4, 2022 10:39 AM > To: 'Blind Law Mailing List' > Cc: dandrews920 at comcast.net > Subject: Re: [blindLaw] Working with PDF documents > > [EXTERNAL] > > You can't. PDF's are what they are and can't be easily changed. If JAWS > doesn't see edit field, the creator of the form did something wrong -- or it > is intended that you print out on paper and fill it out that way. > > Dave > > > > -----Original Message----- > From: BlindLaw On Behalf Of Sarah Badillo via > BlindLaw > Sent: Tuesday, October 4, 2022 9:34 AM > To: blindlaw at nfbnet.org > Cc: Sarah Badillo > Subject: [blindLaw] Working with PDF documents > > Hello, I was wondering whether anyone had any experience working with jaws > for windows and PDF documents? In other words, how can I fill out forms that > do not have an edit field in the PDF or change things around in these kinds > of documents. Thanks in advance for your help > > Sent from my iPhone > _______________________________________________ > > > _______________________________________________ > BlindLaw mailing list > BlindLaw at nfbnet.org > http://nfbnet.org/mailman/listinfo/blindlaw_nfbnet.org > To unsubscribe, change your list options or get your account info for BlindLaw: > http://nfbnet.org/mailman/options/blindlaw_nfbnet.org/nsingh%40cov.com > > _______________________________________________ > BlindLaw mailing list > BlindLaw at nfbnet.org > http://nfbnet.org/mailman/listinfo/blindlaw_nfbnet.org > To unsubscribe, change your list options or get your account info for BlindLaw: > http://nfbnet.org/mailman/options/blindlaw_nfbnet.org/dmanners%40jd16.law.harvard.edu From pleaseletmesee2016 at gmail.com Tue Oct 4 17:31:27 2022 From: pleaseletmesee2016 at gmail.com (Yoon Kim) Date: Tue, 4 Oct 2022 13:31:27 -0400 Subject: [blindLaw] interesting and entertaining podcast... In-Reply-To: <01d101d8d815$efeb7cd0$cfc27670$@gmail.com> References: <01d101d8d815$efeb7cd0$cfc27670$@gmail.com> Message-ID: Sorry, try https://podcasts.apple.com/us/podcast/revisionist-history/id1119389968?i=1000442923261 Sent from my iPhone > On Oct 4, 2022, at 1:23 PM, Tara Chavez via BlindLaw wrote: > > Hi, > The link didn't work. I couldn't figure out how to find the episode on the I > heart website either. > Tara > > > -----Original Message----- > From: BlindLaw On Behalf Of Yoon via BlindLaw > Sent: Tuesday, October 4, 2022 10:58 AM > To: BlindLaw at nfbnet.org > Cc: pleaseletmesee2016 at gmail.com > Subject: [blindLaw] interesting and entertaining podcast... > > Hello all! Randomly came across this highly interesting and entertaining > podcast today. And was hoping you guys would appreciate it as much as I did! > enjoy! > > > > > > > > The Tortoise and the Hare > > Revisionist History > > > > A weird speech by Antonin Scalia, a visit with some serious legal tortoises, > and a testy exchange with the experts at the Law School Admissions Council > prompts Malcolm to formulate his Grand Unified Theory for fixing higher > education. Learn more at https://www.iheartpodcastnetwork.comSee > omnystudio.com/listener for privacy information. > > > > _______________________________________________ > BlindLaw mailing list > BlindLaw at nfbnet.org > http://nfbnet.org/mailman/listinfo/blindlaw_nfbnet.org > To unsubscribe, change your list options or get your account info for > BlindLaw: > http://nfbnet.org/mailman/options/blindlaw_nfbnet.org/tmatzick06%40gmail.com > > > _______________________________________________ > BlindLaw mailing list > BlindLaw at nfbnet.org > http://nfbnet.org/mailman/listinfo/blindlaw_nfbnet.org > To unsubscribe, change your list options or get your account info for BlindLaw: > http://nfbnet.org/mailman/options/blindlaw_nfbnet.org/pleaseletmesee2016%40gmail.com From pleaseletmesee2016 at gmail.com Tue Oct 4 18:06:17 2022 From: pleaseletmesee2016 at gmail.com (pleaseletmesee2016 at gmail.com) Date: Tue, 4 Oct 2022 14:06:17 -0400 Subject: [blindLaw] new link to interesting and entertaining... Message-ID: <000d01d8d81c$00acacf0$020606d0$@gmail.com> Sorry about the peccadillo, try https://podcasts.apple.com/us/podcast/revisionist-history/id1119389968?i=100 0442923261 From deepa.goraya at gmail.com Tue Oct 4 18:15:58 2022 From: deepa.goraya at gmail.com (Deepa Goraya) Date: Tue, 4 Oct 2022 14:15:58 -0400 Subject: [blindLaw] A personal invitation: Join me at the Digital Accessibility Legal Summit (Nov 1-2, online) Message-ID: <015101d8d81d$5a679a60$0f36cf20$@gmail.com> Hello friends and colleagues, I want to share with you something that I know will be pertinent and valuable to your work. I am proud to be serving on the Steering Committee for the upcoming Digital Accessibility Legal Summit, an online conference over two afternoons, November 1st and 2nd. This is the fourth annual event. The Summit features talks on the most pressing issues of relevance to accessibility and legal professionals. I hope you can join us: The Day 1 Theme: "Is it, or isn't it? The People, The Courts, The DOJ and the Applicability of Web Accessibility to the ADA" The Day 2 Theme: "Emerging Legal Issues in Digital Accessibility" The full program is here, with links to speaker bios, speaker resources, and more. As a Steering Committee member, I can share with you a 15% discount code for registration "PERTINENT". Please also pass this message on to other colleagues who you think would benefit from attending this event. Best regards, Deepa Deepinder K. Goraya, Esq. -------------- next part -------------- A non-text attachment was scrubbed... Name: image001.jpg Type: image/jpeg Size: 14984 bytes Desc: not available URL: From Vyingling at nfb.org Fri Oct 7 21:07:25 2022 From: Vyingling at nfb.org (Yingling, Valerie) Date: Fri, 7 Oct 2022 21:07:25 +0000 Subject: [blindLaw] Orozco v. Merrick oral argument on October 18 In-Reply-To: References: <53557AAE-ED51-4472-B1EA-EF83EBF7B334@gmail.com> <632a5e62.050a0220.3329c.a2c4SMTPIN_ADDED_BROKEN@mx.google.com> <0e4701d8cf7e$a8f09e40$fad1dac0$@gmail.com> Message-ID: If you are in the DC/Maryland/Virginia area, please consider attending the Orozco v. Merrick oral argument in-person on October 18 (details below). For those who cannot attend in-person, audio of the oral argument will be live-streamed on the court’s YouTube channel, www.youtube.com/USCourtsCADC. October 18 Oral Argument for Orozco v. Merrick in Washington, DC We invite and encourage NFB members to attend the in-person oral argument for the NFB-supported case Orozco v. Merrick on October 18 in Washington, DC. NFB member Joe Orozco is appealing a federal district court decision finding that blind federal employees do not have a private right of action to directly enforce Section 508 of the Rehabilitation Act against their federal employers. The impact of the decision could extend to both members of the public seeking to access federal electronic information technology as well as disabled federal employees using technology at work. When: October 18, 2022, at 9:00 A.M. Attendees should plan to stay until noon because we do not know the order in which cases will be called. Oral arguments are open to the public, but seating is limited and on a first-come, first-serve basis. Doors of the courtroom usually open around 9:10 a.m. The first argument begins at 9:30 a.m. Visitors should be aware that certain cases may attract large crowds, with lines forming before the courtroom doors open. Where: United States Court of Appeals for the District of Columbia at 333 Constitution Avenue, NW, Washington, DC 20001. The courthouse is located one block northwest of the U.S. Capitol. Directions are available at https://www.cadc.uscourts.gov/internet/home.nsf/Content/VL+-+Courthouse+-+Getting+Here#CourthouseEntrances. Details: Visitors should plan to dress professionally. Please note that any use of electronics is prohibited in the courtroom, and everyone in the courtroom must wear a KF94, KN95, or N95 mask. Masks will be available if needed. For those who cannot attend in-person, audio of the oral argument will be live-streamed on the Court’s YouTube channel, www.youtube.com/USCourtsCADC. Valerie Yingling Legal Program Coordinator 200 East Wells Street, Baltimore, MD 21230 410-659-9314, extension 2440| vyingling at nfb.org Disclaimer The information contained in this communication from the sender is confidential. It is intended solely for use by the recipient and others authorized to receive it. If you are not the recipient, you are hereby notified that any disclosure, copying, distribution or taking action in relation of the contents of this information is strictly prohibited and may be unlawful. This email has been scanned for viruses and malware, and may have been automatically archived by Mimecast Ltd, an innovator in Software as a Service (SaaS) for business. Providing a safer and more useful place for your human generated data. Specializing in; Security, archiving and compliance. To find out more visit the Mimecast website. From sanho817 at gmail.com Fri Oct 7 21:46:13 2022 From: sanho817 at gmail.com (Sanho Steele-Louchart) Date: Fri, 7 Oct 2022 16:46:13 -0500 Subject: [blindLaw] SSA Cases Message-ID: All, Any accessible resources for taking SSA cases? That's quickly becoming a large part of my practice, and I want to make sure I'm doing everything as perfectly and as efficiently as possible. Warmth, Sanho -- He/Him From tai.tomasi8 at gmail.com Fri Oct 7 22:13:51 2022 From: tai.tomasi8 at gmail.com (tai.tomasi8 at gmail.com) Date: Fri, 7 Oct 2022 18:13:51 -0400 Subject: [blindLaw] SSA Cases In-Reply-To: References: Message-ID: <10b201d8da9a$15632ef0$40298cd0$@gmail.com> The National Organization of Social Security Claimants Representatives (NOSSCR) might be a helpful resource. -----Original Message----- From: BlindLaw On Behalf Of Sanho Steele-Louchart via BlindLaw Sent: Friday, October 7, 2022 5:46 PM To: Blind Law Mailing List Cc: Sanho Steele-Louchart Subject: [blindLaw] SSA Cases All, Any accessible resources for taking SSA cases? That's quickly becoming a large part of my practice, and I want to make sure I'm doing everything as perfectly and as efficiently as possible. Warmth, Sanho -- He/Him _______________________________________________ BlindLaw mailing list BlindLaw at nfbnet.org http://nfbnet.org/mailman/listinfo/blindlaw_nfbnet.org To unsubscribe, change your list options or get your account info for BlindLaw: http://nfbnet.org/mailman/options/blindlaw_nfbnet.org/tai.tomasi8%40gmail.co m From NSingh at cov.com Mon Oct 10 18:38:53 2022 From: NSingh at cov.com (Singh, Nandini) Date: Mon, 10 Oct 2022 18:38:53 +0000 Subject: [blindLaw] Experience with Schedule A Hiring Authority Message-ID: Hi All, If anyone has experience with or else has successfully been hired to a federal attorney post under the Schedule A hiring authority (5 C.F.R. § 213,3102(u)), I would appreciate hearing from you. Sincerely, Nikki Nandini Singh Covington & Burling LLP One CityCenter, 850 Tenth Street, NW Washington, DC 20001-4956 T +1 202 662 5113 | nsingh at cov.com www.cov.com [cid:image001.jpg at 01D8DCB6.0444B580] This message is from a law firm and may contain information that is confidential or legally privileged. If you are not the intended recipient, please immediately advise the sender by reply e-mail that this message has been inadvertently transmitted to you and delete this e-mail from your system. Thank you for your cooperation. -------------- next part -------------- A non-text attachment was scrubbed... Name: image001.jpg Type: image/jpeg Size: 2159 bytes Desc: image001.jpg URL: From Noel.Nightingale at ed.gov Tue Oct 11 18:23:51 2022 From: Noel.Nightingale at ed.gov (Nightingale, Noel) Date: Tue, 11 Oct 2022 18:23:51 +0000 Subject: [blindLaw] Who has legal standing to file an ADA public accommodations lawsuit? Standing Issues across-the-board Headed for the U.S. Supreme Court --- Bill Goren -- Serial Plaintiffs, etc. In-Reply-To: References: Message-ID: From: The Disability Discussion Docket (3D) <3D at MAIL.AMERICANBAR.ORG> On Behalf Of Sandler, Leonard Sent: Tuesday, October 11, 2022 10:18 AM To: 3D at MAIL.AMERICANBAR.ORG Subject: Who has legal standing to file an ADA public accommodations lawsuit? Standing Issues across-the-board Headed for the U.S. Supreme Court --- Bill Goren -- Serial Plaintiffs, etc. CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Title III Standing Undoubtedly Headed to Supreme Court https://www.understandingtheada.com/blog/2022/10/11/title-iii-tester-standing/?utm_source=William+D.+Goren%2C+J.D.+LL.M.+-+Understanding+the+ADA&utm_campaign=da533f0f68-RSS_EMAIL_CAMPAIGN&utm_medium=email&utm_term=0_73510dec29-da533f0f68-78904806 By William Goren on October 11, 2022 Posted in ADA, Fair Housing Act, Federal Cases, Final Federal Regulations, Title III Today’s blog entry come from the First Circuit, Laufer v. Acheson Hotels, LLC, here. It discusses standing and creates a split in the circuits. Undoubtedly, this issue will go before the Supreme Court. The facts of the case are pretty straightforward. What you have is a serial plaintiff and an avowed tester of Internet sites. In this case, she focuses on the hotel reservation rule and checks sites to see if they are complying with the specific hotel reservation rules in the Code of Federal Regulations. While she has an intention of visiting the website to see if the website is complying with the rule, she has no intention of actually visiting the properties themselves. Does she have standing? The First Circuit says she does. As usual, the blog entry is divided into categories and they are: court’s reasoning that plaintiff has standing; effects of prior Supreme Court cases and other Circuit Court decisions; plaintiff has standing to seek injunctive relief; and thoughts/takeaways. Of course, the reader is free to focus on any or all of the categories. I Court’s Reasoning That Plaintiff Has Standing 1. When a place of public accommodation violates the ADA and discriminates against a person with disability, the ADA and the regulations implementing it permit a private individual to bring enforcement actions in federal court. 2. The question is whether a complaint contains enough facts to demonstrate that the court has subject matter jurisdiction. 3. In order to have standing, plaintiff must show that she: 1) suffered an injury in fact; 2) the injury is fairly traceable to the challenged conduct of the defendant; and 3) the injury is likely to be redressed by a favorable judicial decision. 4. An injury in fact means the invasion of a legally protected interest that is concrete and particularized and actual or imminent, not conjectural or hypothetical. 5. Standing doctrine has several purposes, including: 1) tends to ensure that the legal question presented to the court are resolved in a concrete factual context conducive to a realistic appreciation of the consequences of judicial action and not in the rarefied atmosphere of a debating society; 2) ensures federal courts don’t turn into a vehicle for the vindication of the value interests of concerned bystanders; and 3) reflects the separation of powers principles that courts should not be used to usurp the powers of the political branches. 6. Since standing is jurisdictional, it cannot be waived or forfeited and can be raised at any time by anyone. When it is raised, the burden of showing standing rests on the party invoking the court’s jurisdiction. A party has to meet that burden otherwise the case has to be dismissed. 7. In essence, standing is the question of whether the litigant is entitled to have the court decide the merits of the dispute or of particular issues. 8. Plaintiff’s claim is not so implausible that it is insufficient to preserve jurisdiction. 9. The hotel reservation regulation, 28 C.F.R. §36.302(e), clearly provides that hotels in their reservation portals must provide some detail-enough detail-to allow individuals with disability to know what services they can enjoy. 10. Concrete injuries must actually exist, though the injury does not have to be tangible. Intangible injuries, such as the suppression of free speech or religious exercise or the invasion of common law rights actionable without wallet injury, can also be concrete. 11. In figuring out whether an injury is concrete, the Supreme Court has said that you look to both history and the judgment of Congress. 12. It is the responsibility of judges to independently decide whether a plaintiff has suffered a concrete harm under article III even if Congress adamantly says they do. 13. A plaintiff’s deliberate choice to see if accommodations are obeying a statute does not mean that her injury impact is any less real or concrete. 14. The purpose of the reservation rule requiring that places of lodging make available in their accommodation descriptions on the reservation services information about the accessible feature in their hotel and guest rooms is to reasonably permit a person to assess independently whether a given hotel meets her accessibility needs, which was exactly what the plaintiff was doing. 15. There is also no carveout in the hotel reservation regulations that the information need only be turned over if the person trying to make a reservation actually wants to make a reservation. 16. The Supreme Court has said that a black tester has standing with respect to the Fair Housing Act because that tester had a right to truthful information but was denied. The same applies here because the plaintiff was denied information to which she has a legal entitlement. Another way to look at it is that the black tester lack of intent to rent an apartment did not negate the simple fact of injury. Therefore, plaintiff’s lack of intent to book a room at the hotel room would not negate her standing either. 17. The Supreme Court has repeatedly said that denial of information to which plaintiffs have a legal right to can be a concrete injury in fact. 18. Prior Supreme Court opinions have made clear that a denial of information that a plaintiff is statutorily entitled to can make for a concrete injury in fact. Those same decisions hold that the denial of information to a member of a protected class alone can suffice to make an injury impact and that the person’s intended use of the information isn’t relevant. II Effect of Prior Supreme Court Cases and Other Circuit Court Decisions 1. It is up to the Supreme Court to say that a decision overrules prior decisions of the Supreme Court and not to the Circuit Courts of Appeals. 2. Explicit holdings of the Supreme Court overrule any contrary dictum by the Supreme Court in later decisions. That is, arguments that the Supreme Court implicitly overruled one of its prior decisions are inherently suspect. 3. It is unlikely that the Supreme Court would overrule a prior decision in dictum with only three sentences of explanation contained in a footnote. 4. The black tester case, Havens Realty, is so similar to plaintiff’s case as to render any distinction between the two of them insufficiently material. So, the First Circuit is bound by that decision until the Supreme Court says otherwise. 5. The ADA make the denial of information discrimination against persons with disabilities and gives that person the right to sue in response. That plaintiff had no intent to use the information for anything but a lawsuit doesn’t change anything because she was still injured in precisely the way the statute was designed to protect. 6. The regulations at issue specifically make the denial of accessibility information actionable discrimination against persons with disabilities. That is, the regulation was not designed only to make sure that a person with a disability could book a room but to ensure that a person with a disability could independently assess whether a given hotel or guest room meets his or her accessibility needs. The reservation rule recognizes that the public information on accessibility features is necessary to make sure persons with disabilities are able to reserve hotel rooms with the same efficiency, immediacy, and convenience as those who do not need accessible guest rooms. 7. Denying the plaintiff the same efficiency, immediacy, and convenience as those not requiring accommodations is exactly the discrimination the regulations are trying to stamp out. 8. The decisions of other circuit courts are simply not persuasive for several reasons: 1) the decision do not explain why the ADA tester plaintiff didn’t suffer an injury but the black tester plaintiff in Havens Realty did even though her only interest in using the information was testing compliance and bringing her lawsuit, just as is the case with an ADA reservation rule tester; 2) regardless of whether the rule involves a misrepresentation or any representation, it is a distinction without a difference. In either case, the law conferred on the plaintiff a legal right to truthful information about an accommodation; 3) the Supreme Court recently reaffirmed that the violation of a procedural right granted by statute can be sufficient in some circumstances so that plaintiff’s need not allege any additional harm beyond the one Congress has identified; 4) downstream effects is not something that appears in the most relevant Supreme Court case law governing standing. 9. Discrimination itself, by perpetuating archaic and stereotypic notions or by stigmatizing members of a disfavored group as innately inferior and therefore as less worthy participants in the political community, can cause serious noneconomic injury to those persons who are personally denied equal treatment solely because of their membership in a disfavored group. 10. Trans Union, discussed here, cited discriminatory treatment as an example of concrete de facto injuries that were previously inadequate at law that Congress could elevate to the status of legally cognizable injuries. 11. Plaintiff alleges that she suffered frustration and humiliation when the hotel reservation portals did not give her adequate information about whether she could take advantage of the accommodations. Without that information, plaintiff is not put on an equal footing to experience the world in the same way as those who do not have disabilities. Avoiding precisely that part is the point of the ADA which was designed to advance equal citizenship for persons with disabilities by aiming to guarantee a baseline of equal citizenship by protecting against stigma and systematic exclusion from public and private opportunities. When faced with exactly this situation, the 11th Circuit, discussed here, found standing 12. Even assuming downstream consequences are a thing, plaintiff’s feelings of frustration, humiliation, and second-class citizenry are downstream consequences and adverse effects of the informational injury she experienced. 13. Plaintiff’s injuries are particularized. In particular, she personally suffered the loss of dignity and feeling less than equal and endured humiliation, frustration, and embarrassment. 14. The injury is also differentiated from others because plaintiff is a person with a disability who personally suffered the denial of information the law entitles her to have. III Plaintiff Has Standing to Seek Injunctive Relief 1. Standing to seek injunctive relief turns on the question of whether the plaintiff has shown a sufficient likelihood that she will again be wronged in a similar way, sometimes referred to as imminence. 2. Imminence requires that the injury not be conjectural, hypothetical, or simply possible. Describing this concept, the Supreme Court has said that a plaintiff’s proclaimed intent to return to the place that they have visited before is by itself simply not enough. 3. Plaintiff’s intent to revisit the website are the farthest thing from those same day intentions found insufficient in Supreme Court decisions. She specifically alleges that she has concrete plans to go back to the websites in the near future. In fact, she has a sophisticated system to continue monitoring the noncompliant website she finds. 4. Plaintiff is a self-proclaimed ADA tester who makes it her job to test website for ADA compliance. 5. Plaintiff also asserts that while the hotels reservation system had made its website ADA compliant, it had not persuaded third-party reservation services to do the same. So, her likelihood of future injury is far from conjectural or hypothetical rather it is imminent. 6. Defendant’s mootness argument does not fly because mootness is a demanding standard. For a case to be moot, it must be shown that it is impossible for a court to grant any effectual relief whatsoever to plaintiff assuming the plaintiff prevails. Further, the party asserting mootness bears the burden of showing that it exists. As mentioned above, the third-party reservation sites have yet to comply with the reservation rule. 7. Plaintiff’s claims against the third-party websites are not insubstantial and frivolous. 8. The reservation rule extends to reservations made by any means including through a third-party. 9. The defendant has not represented that it made the information available now on its website to all of the 13 third-party booking websites that plaintiff alleges are noncompliant. IV Thoughts/Takeaways 1. Judge Howard agreed that the complaint adequately alleges standing for declaratory relief, but was doubtful that it sufficiently alleges standing to pursue injunctive relief. That said, Judge Howard did not file a separate opinion. 2. I previously wrote a blog entry discussing a Seventh Circuit dissenting opinion arguing that emotional distress damages were a part of the Fair Debt Collection Practices Act, here. I argued that that dissenting opinion was a strong argument for the Supreme Court to distinguish tester standing under the Fair Housing Act from standing under title III of the ADA. In particular: 1) the Fair Housing Act has specific references to perceivable emotional harm within its statute but title III explicitly does not; 2) per Cummings, which we discussed here, the Rehabilitation Act does not allow for emotional distress damages; 3) since damages are not an element of title III of the ADA, it is impossible to show that damages are allowed under title III. Therefore, remedies incorporating an element of emotional distress have not been around for a long time; 4) the judgment of Congress pronged is going to be a difficult bar for a plaintiff to get over because of the statutory provisions of title III of the ADA, which doesn’t even allow for damages; 5) there is nothing in the ADA’s findings section explicitly addressing intangible harms. That is, you do not see language like you do in the Fair Debt Collection Practices Act that foreseeably lead to the conclusion that emotional distress is in play; 6) Justice Thomas’s private v. public right distinction that he discussed in TransUnion won’t help a person with a disability because disability discrimination is a public right. 3. Emotional distress damages are not a thing under title III of the ADA. All you can get is injunctive relief and attorney fees. That raises a real question to my mind as to the dignitary harms suffered by the plaintiff being sufficient for a plaintiff to get standing because emotional distress damages are not a thing under title III. 4. The court finesses the intent to return by suggesting that the proper analysis is an intent to return to the website and not to the hotel because the reservation rule involves a website and not the physical place. It’s an interesting argument taken by the court as I have not seen intent to return parsed that way before. 5. Not every Code of Federal Regulations results in a private cause of action being available. See, Schmidt v. Pennymac Loan Services, LLC, 106 F. Supp. 3d 859 (E.D. Mich. 2015). 6. TransUnion specifically said that a statutory injury by itself is not sufficient. 7. Since the Fair Housing Act implicitly recognizes that emotional harms are in play when housing discrimination occurs but the ADA does not have any similar language, certainly not in title III, the Supreme Court decision in Havens Realty can be distinguished. 8. The Supreme Court frequently narrows cases without explicitly doing so, particularly when Chief Justice Roberts was a swing vote. 9. On a personal level, it is very unclear to me whether the hotel reservation rule really makes a difference for people with certain kinds of disabilities. I can’t tell you how often I go into a hotel room where the hotel simply does not understand what it means to have a room that is accessible to a deaf individual. It is not unusual for me to get into a back-and-forth with the hotel to explain to them that the room is not accessible even though they are convinced that it is. In other words, if a website were to tell me that a room was accessible to a deaf individual I wouldn’t believe it unless they were to list out what exactly is in that hotel room. 10. The burden of showing standing is on the complainant, while the burden of showing mootness is on the defendant. Mootness was never easy to show and standing no longer is. 11. I fully expect my colleague Richard Hunt to eventually blog on this case, and I look forward to reading his take on the First Circuit decision. 12. This case is undoubtedly headed to the Supreme Court. Figuring out what the Supreme Court is going to do in disability discrimination matters is a fools errand. That said, for the reasons I discuss in this blog entry I do not like the chances of the plaintiff when it gets to the Supreme Court. Len Sandler Clinical Professor of Law Director, Estate Planning Clinic and Law and Policy In Action Clinic University of Iowa College of Law Clinical Law Programs 380F Boyd Law Building Iowa City, Iowa 52242-1113 319-335-9030 (phone) 319-353-5445 (fax) www.uiowa.edu/legalclinic Pronouns: he, him, his [Law and Policy In Action Community-Based Projects] Stay strong, stay kind, stay inspired. Confidentiality Notice: This e-mail transmission and any accompanying attachments contain information from the Clinical Law Programs at the University of Iowa College of Law that is confidential and/or legally privileged and is intended only for the use of the individual or entity named on this transmission sheet. If you are not the intended recipient, you are hereby notified that any disclosures, copying, distribution, or the taking of any action in reliance upon the contents of this e-mail information is strictly prohibited and that the documents should be returned to this firm immediately. In this regard, if you have received this email in error, please notify us by phone immediately so that we can arrange for the return of the original documents to us at no cost to you or your business. ______________________________________ Thank you for your continued interest in this list. To unsubscribe, email 3D-UNSUBSCRIBE-request at mail.americanbar.org. If you have any issues, contact the ABA staff list owner(s) via email: 3D-request at mail.americanbar.org. ______________________________________ The purpose of this discussion is to enable individuals to share and exchange their personal views on topics and issues of importance to the legal profession. All comments that appear are solely those of the individual, and do not reflect ABA positions or policy. The ABA endorses no comments made herein. -------------- next part -------------- A non-text attachment was scrubbed... Name: image001.jpg Type: image/jpeg Size: 6357 bytes Desc: image001.jpg URL: From ces2266 at columbia.edu Wed Oct 12 03:52:25 2022 From: ces2266 at columbia.edu (Caleb E. Smith) Date: Tue, 11 Oct 2022 23:52:25 -0400 Subject: [blindLaw] ChangePro in Word vs. PDF, or Track Changes Message-ID: Hi all, I knwo this won't be the first Track Changes related thread on here. Wondering, though, if people have preferred Track changes or ChangePro. And, either way, if you're experienced with ChangePro, is it better to use in Word or in PDF? From rahul.bajaj1038 at gmail.com Wed Oct 12 05:01:37 2022 From: rahul.bajaj1038 at gmail.com (Rahul Bajaj) Date: Wed, 12 Oct 2022 05:01:37 +0000 Subject: [blindLaw] Doing a page read with a client: request for inputs Message-ID: Hi all, Good morning from India. I work at a boutique intellectual property and civil litigation firm called Ira Law as an attorney. I recently encountered the following difficulty. I was asked to take the lead on a meeting with a client. The subject matter of the discussion was a questionnaire by a government body to which we had submitted our responses on behalf of our client. We were going to do a page read- a line by line analysis of the document with the client, to ensure that we were ad idem on everything. One of my colleagues suggested projecting the document by using the screen share feature on her computer so that it would be on everyone’s screen. We were using Google meet. The meeting was virtual. I realize that, despite agreeing to this process, it was not an accessible approach for me. This was because I could not see what everyone else was seeing on the screen and hence could not be in sync with what they were reading. So I only gave a broad outline of our comments to the questionnaire and then left it to my colleague to lead a line by line discussion. I am wondering how I can avoid this result in future. What would be an accessible way for me to take the lead on meetings of this nature? Should I offer to share the screen myself? That would not be particularly easy, but I would at least be able to have control over what everyone is reading and can let the client know at the outset that because of my blindness there may be a slight lag in my ability to read with my screen reader what is in the document. I think this would be the best solution. Let me know if you have any other ideas. Thank you. Warmly, Rahul Get Outlook for iOS From angie.matney at gmail.com Wed Oct 12 06:28:05 2022 From: angie.matney at gmail.com (Angie Matney) Date: Wed, 12 Oct 2022 02:28:05 -0400 Subject: [blindLaw] Doing a page read with a client: request for inputs In-Reply-To: References: Message-ID: Hello Rahul, My preference is not to share my own screen. I have sometimes asked the client to share a screen. Then, either the client or I will read a bit of each item as we advance to make sure we are in sync. "i will also sometimes ask an associate or paralegal to screen share and "tee up" each item. I know it is not always possible to have another person on a call, but I find that when I can do this, it helps me concentrate more on the substance of the discussion. Of course, each situation is different. I think your approach would work also—it is just not how I have aproached this. Best, Angie Sent from my iPhone > On Oct 12, 2022, at 1:03 AM, Rahul Bajaj via BlindLaw wrote: > > Hi all, > > Good morning from India. I work at a boutique intellectual property and civil litigation firm called Ira Law as an attorney. I recently encountered the following difficulty. I was asked to take the lead on a meeting with a client. The subject matter of the discussion was a questionnaire by a government body to which we had submitted our responses on behalf of our client. We were going to do a page read- a line by line analysis of the document with the client, to ensure that we were ad idem on everything. One of my colleagues suggested projecting the document by using the screen share feature on her computer so that it would be on everyone’s screen. We were using Google meet. The meeting was virtual. I realize that, despite agreeing to this process, it was not an accessible approach for me. This was because I could not see what everyone else was seeing on the screen and hence could not be in sync with what they were reading. So I only gave a broad outline of our comments to the questionnaire and then left it to my colleague to lead a line by line discussion. > > I am wondering how I can avoid this result in future. What would be an accessible way for me to take the lead on meetings of this nature? Should I offer to share the screen myself? That would not be particularly easy, but I would at least be able to have control over what everyone is reading and can let the client know at the outset that because of my blindness there may be a slight lag in my ability to read with my screen reader what is in the document. I think this would be the best solution. Let me know if you have any other ideas. Thank you. > > Warmly, > Rahul > > Get Outlook for iOS > _______________________________________________ > BlindLaw mailing list > BlindLaw at nfbnet.org > http://nfbnet.org/mailman/listinfo/blindlaw_nfbnet.org > To unsubscribe, change your list options or get your account info for BlindLaw: > http://nfbnet.org/mailman/options/blindlaw_nfbnet.org/angie.matney%40gmail.com From angie.matney at gmail.com Wed Oct 12 06:36:05 2022 From: angie.matney at gmail.com (Angie Matney) Date: Wed, 12 Oct 2022 02:36:05 -0400 Subject: [blindLaw] ChangePro in Word vs. PDF, or Track Changes In-Reply-To: References: Message-ID: I never had much luck actually using ChangePro, but I haven't tried in some time. Having said that, people have prepared redlines for me using ChangePro, and I've used them with specific sound schemes in JAWS to review edits to documents. "i use a sound scheme that announces the attributes, font information, and color as I review the document. I currently use an older but similar product to make my own redlines. I configured it to prefix each change with a caret (^), which makes it easy to move back and forth between edits. Hope this makes sense. Happy to try to answer any questions. Sent from my iPhone > On Oct 11, 2022, at 11:53 PM, Caleb E. Smith via BlindLaw wrote: > > Hi all, > I knwo this won't be the first Track Changes related thread on here. > Wondering, though, if people have preferred Track changes or ChangePro. > And, either way, if you're experienced with ChangePro, is it better to use > in Word or in PDF? > _______________________________________________ > BlindLaw mailing list > BlindLaw at nfbnet.org > http://nfbnet.org/mailman/listinfo/blindlaw_nfbnet.org > To unsubscribe, change your list options or get your account info for BlindLaw: > http://nfbnet.org/mailman/options/blindlaw_nfbnet.org/angie.matney%40gmail.com From amarjain at amarjain.com Wed Oct 12 07:09:39 2022 From: amarjain at amarjain.com (Amar Jain) Date: Wed, 12 Oct 2022 12:39:39 +0530 Subject: [blindLaw] ChangePro in Word vs. PDF, or Track Changes In-Reply-To: References: Message-ID: To add, Change Pro Word would be preferred, because in PDF screen reader does not render formatting attributes including color related information. The only workaround is to open the PDF in Word and then read the redline. Regards, Amar Jain On 12/10/2022 12:06, Angie Matney via BlindLaw wrote: > I never had much luck actually using ChangePro, but I haven't tried in > some time. Having said that, people have prepared redlines for me > using ChangePro, and I've used them with specific sound schemes in > JAWS to review edits to documents. "i use a sound scheme that > announces the attributes, font information, and color as I review the > document. I currently use an older but similar product to make my own > redlines. I configured it to prefix each change with a caret (^), > which makes it easy to move back and forth between edits. > > Hope this makes sense. Happy to try to answer any questions. > > Sent from my iPhone > >> On Oct 11, 2022, at 11:53 PM, Caleb E. Smith via BlindLaw >> wrote: >> >> Hi all, >> I knwo this won't be the first Track Changes related thread on here. >> Wondering, though, if people have preferred Track changes or >> ChangePro. >> And, either way, if you're experienced with ChangePro, is it better to >> use >> in Word or in PDF? >> _______________________________________________ >> BlindLaw mailing list >> BlindLaw at nfbnet.org >> http://nfbnet.org/mailman/listinfo/blindlaw_nfbnet.org >> To unsubscribe, change your list options or get your account info for >> BlindLaw: >> http://nfbnet.org/mailman/options/blindlaw_nfbnet.org/angie.matney%40gmail.com > > _______________________________________________ > BlindLaw mailing list > BlindLaw at nfbnet.org > http://nfbnet.org/mailman/listinfo/blindlaw_nfbnet.org > To unsubscribe, change your list options or get your account info for > BlindLaw: > http://nfbnet.org/mailman/options/blindlaw_nfbnet.org/amarjain%40amarjain.com From teresitarios22 at gmail.com Wed Oct 12 13:40:26 2022 From: teresitarios22 at gmail.com (Teresita Rios) Date: Wed, 12 Oct 2022 09:40:26 -0400 Subject: [blindLaw] Doing a page read with a client: request for inputs In-Reply-To: References: Message-ID: Hi, If all the text can be read by my computer, I have had either, had my computer read the line to everyone or I have echoed the Screenreader. And then added my thoughts verbally. I usually, do not share my screen but only if I have to because a client is not finding where I am exactly in the document. I try to also sent out the document ahead of time. Sometimes it is marked up with underlines or comments. Specially if I will need anything from the client and they wil have the document to refresh their memory. I try to have a copy of all my documents in word format. I find them easier/faster to navigate, and to select a sentence or paragraph if I do endup sharing my screen. I would not have my co council or others share their screen, unless they are willing to read the sentences outloud. And I make sure to communicate this a head of time. I hope this is helpful in any way. Best, Teresita Rios > On Oct 12, 2022, at 2:28 AM, Angie Matney via BlindLaw wrote: > > Hello Rahul, > > My preference is not to share my own screen. I have sometimes asked the client to share a screen. Then, either the client or I will read a bit of each item as we advance to make sure we are in sync. "i will also sometimes ask an associate or paralegal to screen share and "tee up" each item. I know it is not always possible to have another person on a call, but I find that when I can do this, it helps me concentrate more on the substance of the discussion. Of course, each situation is different. I think your approach would work also—it is just not how I have aproached this. > > Best, > > Angie > > > Sent from my iPhone > >> On Oct 12, 2022, at 1:03 AM, Rahul Bajaj via BlindLaw > wrote: >> >> Hi all, >> >> Good morning from India. I work at a boutique intellectual property and civil litigation firm called Ira Law as an attorney. I recently encountered the following difficulty. I was asked to take the lead on a meeting with a client. The subject matter of the discussion was a questionnaire by a government body to which we had submitted our responses on behalf of our client. We were going to do a page read- a line by line analysis of the document with the client, to ensure that we were ad idem on everything. One of my colleagues suggested projecting the document by using the screen share feature on her computer so that it would be on everyone’s screen. We were using Google meet. The meeting was virtual. I realize that, despite agreeing to this process, it was not an accessible approach for me. This was because I could not see what everyone else was seeing on the screen and hence could not be in sync with what they were reading. So I only gave a broad outline of our comments to the questionnaire and then left it to my colleague to lead a line by line discussion. >> >> I am wondering how I can avoid this result in future. What would be an accessible way for me to take the lead on meetings of this nature? Should I offer to share the screen myself? That would not be particularly easy, but I would at least be able to have control over what everyone is reading and can let the client know at the outset that because of my blindness there may be a slight lag in my ability to read with my screen reader what is in the document. I think this would be the best solution. Let me know if you have any other ideas. Thank you. >> >> Warmly, >> Rahul >> >> Get Outlook for iOS >> _______________________________________________ >> BlindLaw mailing list >> BlindLaw at nfbnet.org >> http://nfbnet.org/mailman/listinfo/blindlaw_nfbnet.org >> To unsubscribe, change your list options or get your account info for BlindLaw: >> http://nfbnet.org/mailman/options/blindlaw_nfbnet.org/angie.matney%40gmail.com > > _______________________________________________ > BlindLaw mailing list > BlindLaw at nfbnet.org > http://nfbnet.org/mailman/listinfo/blindlaw_nfbnet.org > To unsubscribe, change your list options or get your account info for BlindLaw: > http://nfbnet.org/mailman/options/blindlaw_nfbnet.org/teresitarios22%40gmail.com From rahul.bajaj1038 at gmail.com Mon Oct 17 03:01:34 2022 From: rahul.bajaj1038 at gmail.com (Rahul Bajaj) Date: Mon, 17 Oct 2022 08:31:34 +0530 Subject: [blindLaw] Doing a page read with a client: request for inputs In-Reply-To: References: Message-ID: Hi. I seem to have inadvertnetly deleted the responses to my original post. COuld Angie and the other person who responded please reiterate their answers? I think Angie said that she does not prefer screen share, but I forget the rest of her response. What would be the best course of action for me to lead a meeting where I have to go over a document with a client, line by line, in a virtual meeting? Thanks. Rahul On Wed, 12 Oct 2022 at 10:31, Rahul Bajaj wrote: > Hi all, > > Good morning from India. I work at a boutique intellectual property and > civil litigation firm called Ira Law as an attorney. I recently encountered > the following difficulty. I was asked to take the lead on a meeting with a > client. The subject matter of the discussion was a questionnaire by a > government body to which we had submitted our responses on behalf of our > client. We were going to do a page read- a line by line analysis of the > document with the client, to ensure that we were ad idem on everything. One > of my colleagues suggested projecting the document by using the screen > share feature on her computer so that it would be on everyone’s screen. We > were using Google meet. The meeting was virtual. I realize that, despite > agreeing to this process, it was not an accessible approach for me. This > was because I could not see what everyone else was seeing on the screen and > hence could not be in sync with what they were reading. So I only gave a > broad outline of our comments to the questionnaire and then left it to my > colleague to lead a line by line discussion. > > I am wondering how I can avoid this result in future. What would be an > accessible way for me to take the lead on meetings of this nature? Should I > offer to share the screen myself? That would not be particularly easy, but > I would at least be able to have control over what everyone is reading and > can let the client know at the outset that because of my blindness there > may be a slight lag in my ability to read with my screen reader what is in > the document. I think this would be the best solution. Let me know if you > have any other ideas. Thank you. > > Warmly, > Rahul > > Get Outlook for iOS > -- -- Rahul Bajaj Attorney, Ira Law Senior Associate Fellow, Vidhi Centre for Legal Policy Rhodes Scholar (India and Linacre 2018), University of Oxford Co-Founder, Mission Accessibility Special Correspondent on the rights of persons with disabilities, Oxford Human Rights Hub Coordinator of the working group on accessibility, e-Committee, Supreme Court of India From rahul.bajaj1038 at gmail.com Mon Oct 17 03:23:48 2022 From: rahul.bajaj1038 at gmail.com (Rahul Bajaj) Date: Mon, 17 Oct 2022 08:53:48 +0530 Subject: [blindLaw] arguing matters in court: a roadblock and a possible way forward Message-ID: Hi, Good morning from New Delhi. I work as a practicing attorney at an IP and civil litigation firm in Delhi. In litigation, making regular appearances before judges is vital for gaining the confidence of the bar, the bench and the litigant public. I have clerked for a Supreme Court judge before and did some specialized litigation in my law firm job as a fresh law graduate. but this is my first actual experience of doing a hardcore litigation job - something I have always wanted to try. I am 4 months in. One challenge I have been facing is not having a mechanism to appear in court on my own and argue matters before judges. Part of the reason for this not happening is because it takes time to build experience and trust. but it also has to do with accessibility. Sharing below the key features of an exchange with a senior colleague at the firm I had recently apropos this. keen to hear any constructive suggestions on the way forward. I said to him: "Going forward, I am wondering what we can do to enable me to go solo to a court and do the needful in a given matter. For instance, this coming Monday, I think I would have been more useful to the firm if I were going to a court where no one else is able to go due to the volume of matters, as opposed to going to the high court [details of case redacted] where multiple people are anyway going, simply to observe proceedings. Of course, in a given day, if there is no such matter where there is scope to contribute more than merely observing the proceedings, then it makes sense to go just to observe matters. I guess what I am saying is that I would not like my choice of matters to be dictated by the accessibility of a court complex but instead by where the firm might need me most and where I can contribute most. Equally, I understand that it would be easier for me to go for a matter where I can tag along with a colleague or court clerks, as opposed to being on my own. And, of course, accessibility barriers cannot be simply wished away... That said, going forward, we should develop a system where I can take up assignments where the firm can rely on me to be its face for a matter. And where this choice is not guided by accessibility, but factors that are otherwise applicable, namely experience and trust. I am not sure how we can do this. I think the best way would be to hire an employee, part of whose express mandate would be to assist me, inter alia, in court and with accessibility challenges. I am sure we can work out the logistics and commercials in a mutually convenient fashion. What do you think? We had a good conversation about this. they shared that the reason why they were hesitant to send me alone for a matter to a court was because there wouldn't be a court staff or colleague to provide help. And that we needed to figure out a way to deal with this. and that I shouldn't think that this was a reflection on my abilities as a lawyer, but that it was a learning process for them also. I suggested hiring a fresh law graduate as my assistant, with the salary being shared 50-50 between me and the firm. that person can help me with barriers of this nature, most notably court appearances. I will await further correspondence. I understand that some litigation practices referenced above may be unfamiliar to you. but the broad contours of the issue should be fairly clear. Warmly, Rahul -- -- Rahul Bajaj Attorney, Ira Law Senior Associate Fellow, Vidhi Centre for Legal Policy Rhodes Scholar (India and Linacre 2018), University of Oxford Co-Founder, Mission Accessibility Special Correspondent on the rights of persons with disabilities, Oxford Human Rights Hub Coordinator of the working group on accessibility, e-Committee, Supreme Court of India From sanho817 at gmail.com Mon Oct 17 03:30:01 2022 From: sanho817 at gmail.com (Sanho Steele-Louchart) Date: Sun, 16 Oct 2022 22:30:01 -0500 Subject: [blindLaw] arguing matters in court: a roadblock and a possible way forward In-Reply-To: References: Message-ID: Rahul, Could you describe some of the in-court issues you might need help with? Warmth, Sanho On 10/16/22, Rahul Bajaj via BlindLaw wrote: > Hi, > > Good morning from New Delhi. I work as a practicing attorney at an IP and > civil litigation firm in Delhi. In litigation, making regular appearances > before judges is vital for gaining the confidence of the bar, the bench and > the litigant public. I have clerked for a Supreme Court judge before and > did some specialized litigation in my law firm job as a fresh law graduate. > but this is my first actual experience of doing a hardcore litigation job - > something I have always wanted to try. I am 4 months in. One challenge I > have been facing is not having a mechanism to appear in court on my own and > argue matters before judges. Part of the reason for this not happening is > because it takes time to build experience and trust. but it also has to do > with accessibility. Sharing below the key features of an exchange with a > senior colleague at the firm I had recently apropos this. keen to hear any > constructive suggestions on the way forward. > > I said to him: > "Going forward, I am wondering what we can do to enable me to go solo to a > court and do the needful in a given > matter. For instance, this coming Monday, I think I would have been more > useful to the firm if I were going to a court where no one else is able to > go > due to the volume of matters, as opposed to going to the high court > [details of case redacted] where multiple people are anyway going, simply > to observe proceedings. Of course, in a given day, if there is no such > matter where there is scope > to contribute more than merely observing the proceedings, then it makes > sense to go just to observe matters. I guess what I am saying is that I > would not > like my choice of matters to be dictated by the accessibility of a court > complex but instead by where the firm might need me most and where I can > contribute > most. Equally, I understand that it would be easier for me to go for a > matter where I can tag along with a colleague or court clerks, as opposed > to > being on my own. And, of course, accessibility barriers cannot be simply > wished away... That said, going forward, we should develop a system where > I can take up assignments where the firm can rely on me to be its face for > a > matter. And where this choice is not guided by accessibility, but factors > that are otherwise applicable, namely experience and trust. I am not sure > how > we can do this. I think the best way would be to hire an employee, part of > whose express mandate would be to assist me, inter alia, in court and with > accessibility > challenges. I am sure we can work out the logistics and commercials in a > mutually convenient fashion. What do you think? > > We had a good conversation about this. they shared that the reason why they > were hesitant to send me alone for a matter to a court was because there > wouldn't be a court staff or colleague to provide help. And that we needed > to figure out a way to deal with this. and that I shouldn't think that this > was a reflection on my abilities as a lawyer, but that it was a learning > process for them also. > > I suggested hiring a fresh law graduate as my assistant, with the salary > being shared 50-50 between me and the firm. that person can help me > with barriers of this nature, most notably court appearances. I will await > further correspondence. > > I understand that some litigation practices referenced above may be > unfamiliar to you. but the broad contours of the issue should be fairly > clear. > > Warmly, > Rahul > > > > > > > -- > -- > Rahul Bajaj > Attorney, Ira Law > Senior Associate Fellow, Vidhi Centre for Legal Policy > Rhodes Scholar (India and Linacre 2018), University of Oxford > Co-Founder, Mission Accessibility > Special Correspondent on the rights of persons with disabilities, Oxford > Human Rights Hub > Coordinator of the working group on accessibility, e-Committee, Supreme > Court of India > _______________________________________________ > BlindLaw mailing list > BlindLaw at nfbnet.org > http://nfbnet.org/mailman/listinfo/blindlaw_nfbnet.org > To unsubscribe, change your list options or get your account info for > BlindLaw: > http://nfbnet.org/mailman/options/blindlaw_nfbnet.org/sanho817%40gmail.com > -- He/Him From rahul.bajaj1038 at gmail.com Mon Oct 17 03:55:07 2022 From: rahul.bajaj1038 at gmail.com (Rahul Bajaj) Date: Mon, 17 Oct 2022 03:55:07 +0000 Subject: [blindLaw] arguing matters in court: a roadblock and a possible way forward In-Reply-To: References: Message-ID: With legal and non-legal aspects. On the legal side, I would need help in getting the person to read out verbatim certain extracts that I would like the judge to consider. to be able to pull out, in short order, relevant pages that the judge may ask a question about and be able to assist me the whole time in answering those questions. In general, I would need help in navigating the “complex, getting to the desired courtroom, being taken to the lectern, being able to speak with the court master if anything comes up and that kind of thing. Get Outlook for iOS ________________________________ From: BlindLaw on behalf of Sanho Steele-Louchart via BlindLaw Sent: Monday, October 17, 2022 9:00:01 AM To: Blind Law Mailing List Cc: Sanho Steele-Louchart Subject: Re: [blindLaw] arguing matters in court: a roadblock and a possible way forward Rahul, Could you describe some of the in-court issues you might need help with? Warmth, Sanho On 10/16/22, Rahul Bajaj via BlindLaw wrote: > Hi, > > Good morning from New Delhi. I work as a practicing attorney at an IP and > civil litigation firm in Delhi. In litigation, making regular appearances > before judges is vital for gaining the confidence of the bar, the bench and > the litigant public. I have clerked for a Supreme Court judge before and > did some specialized litigation in my law firm job as a fresh law graduate. > but this is my first actual experience of doing a hardcore litigation job - > something I have always wanted to try. I am 4 months in. One challenge I > have been facing is not having a mechanism to appear in court on my own and > argue matters before judges. Part of the reason for this not happening is > because it takes time to build experience and trust. but it also has to do > with accessibility. Sharing below the key features of an exchange with a > senior colleague at the firm I had recently apropos this. keen to hear any > constructive suggestions on the way forward. > > I said to him: > "Going forward, I am wondering what we can do to enable me to go solo to a > court and do the needful in a given > matter. For instance, this coming Monday, I think I would have been more > useful to the firm if I were going to a court where no one else is able to > go > due to the volume of matters, as opposed to going to the high court > [details of case redacted] where multiple people are anyway going, simply > to observe proceedings. Of course, in a given day, if there is no such > matter where there is scope > to contribute more than merely observing the proceedings, then it makes > sense to go just to observe matters. I guess what I am saying is that I > would not > like my choice of matters to be dictated by the accessibility of a court > complex but instead by where the firm might need me most and where I can > contribute > most. Equally, I understand that it would be easier for me to go for a > matter where I can tag along with a colleague or court clerks, as opposed > to > being on my own. And, of course, accessibility barriers cannot be simply > wished away... That said, going forward, we should develop a system where > I can take up assignments where the firm can rely on me to be its face for > a > matter. And where this choice is not guided by accessibility, but factors > that are otherwise applicable, namely experience and trust. I am not sure > how > we can do this. I think the best way would be to hire an employee, part of > whose express mandate would be to assist me, inter alia, in court and with > accessibility > challenges. I am sure we can work out the logistics and commercials in a > mutually convenient fashion. What do you think? > > We had a good conversation about this. they shared that the reason why they > were hesitant to send me alone for a matter to a court was because there > wouldn't be a court staff or colleague to provide help. And that we needed > to figure out a way to deal with this. and that I shouldn't think that this > was a reflection on my abilities as a lawyer, but that it was a learning > process for them also. > > I suggested hiring a fresh law graduate as my assistant, with the salary > being shared 50-50 between me and the firm. that person can help me > with barriers of this nature, most notably court appearances. I will await > further correspondence. > > I understand that some litigation practices referenced above may be > unfamiliar to you. but the broad contours of the issue should be fairly > clear. > > Warmly, > Rahul > > > > > > > -- > -- > Rahul Bajaj > Attorney, Ira Law > Senior Associate Fellow, Vidhi Centre for Legal Policy > Rhodes Scholar (India and Linacre 2018), University of Oxford > Co-Founder, Mission Accessibility > Special Correspondent on the rights of persons with disabilities, Oxford > Human Rights Hub > Coordinator of the working group on accessibility, e-Committee, Supreme > Court of India > _______________________________________________ > BlindLaw mailing list > BlindLaw at nfbnet.org > http://nfbnet.org/mailman/listinfo/blindlaw_nfbnet.org > To unsubscribe, change your list options or get your account info for > BlindLaw: > http://nfbnet.org/mailman/options/blindlaw_nfbnet.org/sanho817%40gmail.com > -- He/Him _______________________________________________ BlindLaw mailing list BlindLaw at nfbnet.org http://nfbnet.org/mailman/listinfo/blindlaw_nfbnet.org To unsubscribe, change your list options or get your account info for BlindLaw: http://nfbnet.org/mailman/options/blindlaw_nfbnet.org/rahul.bajaj1038%40gmail.com From angie.matney at gmail.com Mon Oct 17 07:40:36 2022 From: angie.matney at gmail.com (Angie Matney) Date: Mon, 17 Oct 2022 03:40:36 -0400 Subject: [blindLaw] Doing a page read with a client: request for inputs In-Reply-To: References: Message-ID: Rahul, this is my prior response: Hello Rahul, My preference is not to share my own screen. I have sometimes asked the client to share a screen. Then, either the client or I will read a bit of each item as we advance to make sure we are in sync. "i will also sometimes ask an associate or paralegal to screen share and "tee up" each item. I know it is not always possible to have another person on a call, but I find that when I can do this, it helps me concentrate more on the substance of the discussion. Of course, each situation is different. I think your approach would work also—it is just not how I have aproached this. Best, Angie On 10/16/22, Rahul Bajaj via BlindLaw wrote: > Hi. > > I seem to have inadvertnetly deleted the responses to my original post. > COuld Angie and the other person who responded please reiterate their > answers? I think Angie said that she does not prefer screen share, but I > forget the rest of her response. > > What would be the best course of action for me to lead a meeting where I > have to go over a document with a client, line by line, in a virtual > meeting? Thanks. > > Rahul > > On Wed, 12 Oct 2022 at 10:31, Rahul Bajaj wrote: > >> Hi all, >> >> Good morning from India. I work at a boutique intellectual property and >> civil litigation firm called Ira Law as an attorney. I recently >> encountered >> the following difficulty. I was asked to take the lead on a meeting with a >> client. The subject matter of the discussion was a questionnaire by a >> government body to which we had submitted our responses on behalf of our >> client. We were going to do a page read- a line by line analysis of the >> document with the client, to ensure that we were ad idem on everything. >> One >> of my colleagues suggested projecting the document by using the screen >> share feature on her computer so that it would be on everyone’s screen. We >> were using Google meet. The meeting was virtual. I realize that, despite >> agreeing to this process, it was not an accessible approach for me. This >> was because I could not see what everyone else was seeing on the screen >> and >> hence could not be in sync with what they were reading. So I only gave a >> broad outline of our comments to the questionnaire and then left it to my >> colleague to lead a line by line discussion. >> >> I am wondering how I can avoid this result in future. What would be an >> accessible way for me to take the lead on meetings of this nature? Should >> I >> offer to share the screen myself? That would not be particularly easy, >> but >> I would at least be able to have control over what everyone is reading and >> can let the client know at the outset that because of my blindness there >> may be a slight lag in my ability to read with my screen reader what is in >> the document. I think this would be the best solution. Let me know if you >> have any other ideas. Thank you. >> >> Warmly, >> Rahul >> >> Get Outlook for iOS >> > > > -- > -- > Rahul Bajaj > Attorney, Ira Law > Senior Associate Fellow, Vidhi Centre for Legal Policy > Rhodes Scholar (India and Linacre 2018), University of Oxford > Co-Founder, Mission Accessibility > Special Correspondent on the rights of persons with disabilities, Oxford > Human Rights Hub > Coordinator of the working group on accessibility, e-Committee, Supreme > Court of India > _______________________________________________ > BlindLaw mailing list > BlindLaw at nfbnet.org > http://nfbnet.org/mailman/listinfo/blindlaw_nfbnet.org > To unsubscribe, change your list options or get your account info for > BlindLaw: > http://nfbnet.org/mailman/options/blindlaw_nfbnet.org/angie.matney%40gmail.com > From angie.matney at gmail.com Mon Oct 17 09:33:18 2022 From: angie.matney at gmail.com (Angie Matney) Date: Mon, 17 Oct 2022 05:33:18 -0400 Subject: [blindLaw] Doing a page read with a client: request for inputs In-Reply-To: References: Message-ID: I should also add that sometimes, the version of the document I am working from is not the "client-friendly" version. I often use redlining software to create alternate redlines that are easier for me to work with. In these cases, sharing my own screen is not practical. On 10/17/22, Angie Matney wrote: > Rahul, this is my prior response: > > Hello Rahul, > > My preference is not to share my own screen. I have sometimes asked > the client to share a screen. Then, either the client or I will read a > bit of each item as we advance to make sure we are in sync. "i will > also sometimes ask an associate or paralegal to screen share and "tee > up" each item. I know it is not always possible to have another person > on a call, but I find that when I can do this, it helps me concentrate > more on the substance of the discussion. Of course, each situation is > different. I think your approach would work also—it is just not how I > have aproached this. > > Best, > > Angie > > On 10/16/22, Rahul Bajaj via BlindLaw wrote: >> Hi. >> >> I seem to have inadvertnetly deleted the responses to my original post. >> COuld Angie and the other person who responded please reiterate their >> answers? I think Angie said that she does not prefer screen share, but I >> forget the rest of her response. >> >> What would be the best course of action for me to lead a meeting where I >> have to go over a document with a client, line by line, in a virtual >> meeting? Thanks. >> >> Rahul >> >> On Wed, 12 Oct 2022 at 10:31, Rahul Bajaj >> wrote: >> >>> Hi all, >>> >>> Good morning from India. I work at a boutique intellectual property and >>> civil litigation firm called Ira Law as an attorney. I recently >>> encountered >>> the following difficulty. I was asked to take the lead on a meeting with >>> a >>> client. The subject matter of the discussion was a questionnaire by a >>> government body to which we had submitted our responses on behalf of our >>> client. We were going to do a page read- a line by line analysis of the >>> document with the client, to ensure that we were ad idem on everything. >>> One >>> of my colleagues suggested projecting the document by using the screen >>> share feature on her computer so that it would be on everyone’s screen. >>> We >>> were using Google meet. The meeting was virtual. I realize that, despite >>> agreeing to this process, it was not an accessible approach for me. This >>> was because I could not see what everyone else was seeing on the screen >>> and >>> hence could not be in sync with what they were reading. So I only gave >>> a >>> broad outline of our comments to the questionnaire and then left it to >>> my >>> colleague to lead a line by line discussion. >>> >>> I am wondering how I can avoid this result in future. What would be an >>> accessible way for me to take the lead on meetings of this nature? >>> Should >>> I >>> offer to share the screen myself? That would not be particularly easy, >>> but >>> I would at least be able to have control over what everyone is reading >>> and >>> can let the client know at the outset that because of my blindness there >>> may be a slight lag in my ability to read with my screen reader what is >>> in >>> the document. I think this would be the best solution. Let me know if >>> you >>> have any other ideas. Thank you. >>> >>> Warmly, >>> Rahul >>> >>> Get Outlook for iOS >>> >> >> >> -- >> -- >> Rahul Bajaj >> Attorney, Ira Law >> Senior Associate Fellow, Vidhi Centre for Legal Policy >> Rhodes Scholar (India and Linacre 2018), University of Oxford >> Co-Founder, Mission Accessibility >> Special Correspondent on the rights of persons with disabilities, Oxford >> Human Rights Hub >> Coordinator of the working group on accessibility, e-Committee, Supreme >> Court of India >> _______________________________________________ >> BlindLaw mailing list >> BlindLaw at nfbnet.org >> http://nfbnet.org/mailman/listinfo/blindlaw_nfbnet.org >> To unsubscribe, change your list options or get your account info for >> BlindLaw: >> http://nfbnet.org/mailman/options/blindlaw_nfbnet.org/angie.matney%40gmail.com >> > From ThomasDukeman at outlook.com Tue Oct 18 21:22:53 2022 From: ThomasDukeman at outlook.com (Thomas Dukeman) Date: Tue, 18 Oct 2022 21:22:53 +0000 Subject: [blindLaw] Help understanding SCOTUS responses & Authority Message-ID: Hello fellow legal beagles! I know that SCOTUS only gets involved in legal questions concerning the Constitution, and they can overturn a State court’s decision if asked, and that they only do a certain number a year, what happens to the court cases they send back? Are those decisions still considered legally binding for a time until they get brought to SCOTUS for consideration again, or is it only allowed one attempt at being sent to them and if it gets rejected, that’s it until they change their minds? Thanks in advance, Tom Sent from Mail for Windows From sai at fiatfiendum.org Wed Oct 19 01:09:43 2022 From: sai at fiatfiendum.org (Sai) Date: Wed, 19 Oct 2022 02:09:43 +0100 Subject: [blindLaw] Help understanding SCOTUS responses & Authority In-Reply-To: References: Message-ID: > I know that SCOTUS only gets involved in legal questions concerning the Constitution Not true. They primarily take cases that involve a circuit split. It needn't be a constitutional question. There are also a small number of cases that don't go on cert, but on appeal as of right or original jurisdiction — e.g. some habeas appeals & state vs state lawsuits. Most of them are denied without precedent also, though. > what happens to the court cases they send back? Are those decisions still considered legally binding for a time Denied cert has no effect whatever other than denying cert. The lower court (probably federal circuit court of appeals) decision stands, but it is not affirmed; it has no greater or lesser precedential value than it did before the cert petition. > is it only allowed one attempt at being sent to them and if it gets rejected, that’s it until they change their minds? That would be impossible. They can't change their minds without being presented a case, and cert is how you ask them to take a case. So if this were true, they would never have the opportunity to change their minds about a legal issue. However, denial of cert does mean that's it for that appeal. You cannot ask them to reconsider cert. (However however, a given case can go on multiple different appeals over the years, and sometimes — rarely — a case has had multiple trips to SCOTUS too. But that's just like having multiple appellate cases.) You seem to be confusing cert petition in a given case vs decision of a legal issue that might recur in another case later on. Sincerely, Sai President, Fiat Fiendum, Inc., a 501(c)(3) Sent from my mobile phone; please excuse the concision and autocorrect errors. On Tue, 18 Oct 2022, 22:24 Thomas Dukeman via BlindLaw, wrote: > Hello fellow legal beagles! > > I know that SCOTUS only gets involved in legal questions concerning the > Constitution, and they can overturn a State court’s decision if asked, and > that they only do a certain number a year, what happens to the court cases > they send back? Are those decisions still considered legally binding for a > time until they get brought to SCOTUS for consideration again, or is it > only allowed one attempt at being sent to them and if it gets rejected, > that’s it until they change their minds? > > Thanks in advance, > Tom > > Sent from Mail for Windows > > _______________________________________________ > BlindLaw mailing list > BlindLaw at nfbnet.org > http://nfbnet.org/mailman/listinfo/blindlaw_nfbnet.org > To unsubscribe, change your list options or get your account info for > BlindLaw: > http://nfbnet.org/mailman/options/blindlaw_nfbnet.org/sai%40fiatfiendum.org > From teresitarios22 at gmail.com Wed Oct 19 18:32:47 2022 From: teresitarios22 at gmail.com (Teresita Rios) Date: Wed, 19 Oct 2022 14:32:47 -0400 Subject: [blindLaw] Do any of you use an Overhead book scanner? Message-ID: Hello frieds, I am writing a research paper and many large books are not digital. I have already given the accessibility office several to scan and they are taking a wile. I have other books where I only need one or two chapters. To speed up the process I was looking into overhead book scanners as an early Christmas present. The benefits are that I do not have to cut the book up, and they seem less cumbersome than using my phone to scan binded books. As I will not have to hold the phone and also hold the large books as flat as possible. The drawbacks are that I have to turn the pages wile it scans, and the price. I was wondering if any of you have used any Overhead book scanners like the: Fujitsu ScanSnap SV600 Overhead Book and Document Scanner Link: https://www.amazon.com/dp/B01FW17FGI?tag=georiot-us-default-20&th=1&ascsubtag=dcw-us-1276987266392841500-20&geniuslink=true Please let me know how you guys have approached the issue, if you guys have used an Overhead scanner, how was your experience, and which one you used. Warmly, Teresita Rios. J. D. Candidate, University of Notre Dame Law School 2023. From NSingh at cov.com Wed Oct 19 18:51:41 2022 From: NSingh at cov.com (Singh, Nandini) Date: Wed, 19 Oct 2022 18:51:41 +0000 Subject: [blindLaw] Do any of you use an Overhead book scanner? In-Reply-To: References: Message-ID: One other option is to ask your law library to assist with scanning. I did this frequently during school for both textbooks and research materials. Since you are asking for relatively short excerpts, I imagine that a staff member could handle in an hour or so depending on the equipment that the library has. Usually libraries have good and fast scanners since a request for scanned materials happens more than you think. I otherwise defer to others re: overhead scanner. I have never had the occasion to use one. -----Original Message----- From: BlindLaw On Behalf Of Teresita Rios via BlindLaw Sent: Wednesday, October 19, 2022 2:33 PM To: Blind Law Mailing List Cc: Teresita Rios Subject: [blindLaw] Do any of you use an Overhead book scanner? [EXTERNAL] Hello frieds, I am writing a research paper and many large books are not digital. I have already given the accessibility office several to scan and they are taking a wile. I have other books where I only need one or two chapters. To speed up the process I was looking into overhead book scanners as an early Christmas present. The benefits are that I do not have to cut the book up, and they seem less cumbersome than using my phone to scan binded books. As I will not have to hold the phone and also hold the large books as flat as possible. The drawbacks are that I have to turn the pages wile it scans, and the price. I was wondering if any of you have used any Overhead book scanners like the: Fujitsu ScanSnap SV600 Overhead Book and Document Scanner Link: https://www.amazon.com/dp/B01FW17FGI?tag=georiot-us-default-20&th=1&ascsubtag=dcw-us-1276987266392841500-20&geniuslink=true Please let me know how you guys have approached the issue, if you guys have used an Overhead scanner, how was your experience, and which one you used. Warmly, Teresita Rios. J. D. Candidate, University of Notre Dame Law School 2023. _______________________________________________ BlindLaw mailing list BlindLaw at nfbnet.org http://nfbnet.org/mailman/listinfo/blindlaw_nfbnet.org To unsubscribe, change your list options or get your account info for BlindLaw: http://nfbnet.org/mailman/options/blindlaw_nfbnet.org/nsingh%40cov.com From wmiller at bwspllc.com Thu Oct 20 14:14:28 2022 From: wmiller at bwspllc.com (William Miller) Date: Thu, 20 Oct 2022 14:14:28 +0000 Subject: [blindLaw] STANDSCAN, RE: Do any of you use an Overhead book scanner? / RE: BlindLaw Digest, Vol 221, Issue 11 In-Reply-To: References: Message-ID: <3a7b8f8c2e324add990118e5174f9215@bwspllc.com> If you are going to use an overhead scanner then the Standscan is a much less expensive but effective solution than overhead scanning equipment. It is basically a 3-sided box with a small hole in the top. You place your smartphone on top of the ScanStand so that your camera lens is pointed down toward the bottom of the box. You place your document inside the box and an OCR app on your phone can be used to scan it. There are raised, adhesive strips that can be permanently positioned on top of the StandScan that you place your phone inside of so that you don't have to struggle to get your phone in the proper position where the camera lens is placed directly over the hole. So it automatically positions your smartphone to capture the four corners of the document while also freeing up both of your hands. It is roughly 9" x 12", about 12" tall, and costs about $55. It is very light, portable, and can be easily disassembled and folded into the size of a legal notepad. . Assembling it is challenging the first few times you put it together, but it's easy once you get the hang of it. The ScanStand Pro includes built-in LED lighting. It is difficult to find for purchase online (I just tried), but here's a link to a similar product: https://www.scanjig.com/shop. Here's a link to another competitor: https://www.giraffe-reader.com/. Definitely worth a try before you buy an expensive piece of equipment! Good luck. Best regards, William T. Miller Attorney Brinkley Walser Stoner, PLLC 10 LSB PLAZA P.O. Box 1657 Lexington, North Carolina 27293-1657 Telephone: (336) 249-2101 Fax: (336) 249-4572 Email: wmiller at bwspllc.com Website: www.brinkleywalserstoner.com Greensboro Location: First Citizens Bank Building 620 Green Valley Road, Suite 306 Greensboro, North Carolina 27408 Telephone: (336) 235-2941 IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. tax advice contained in this communication (or in any attachment) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or communication (or in any attachment). CONFIDENTIALITY NOTICE: The information contained in this electronic mail is legally privileged and confidential information intended only for the use of the individual or entity to which it is addressed. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this message is strictly prohibited. If you have received this communication in error, please delete it and notify us immediately. Thank you. -----Original Message----- From: BlindLaw On Behalf Of blindlaw-request at nfbnet.org Sent: Thursday, October 20, 2022 8:00 AM To: blindlaw at nfbnet.org Subject: BlindLaw Digest, Vol 221, Issue 11 Send BlindLaw mailing list submissions to blindlaw at nfbnet.org To subscribe or unsubscribe via the World Wide Web, visit https://link.edgepilot.com/s/1ce474ce/YWvZPR6sg0SMjZloM24WNw?u=http://nfbnet.org/mailman/listinfo/blindlaw_nfbnet.org or, via email, send a message with subject or body 'help' to blindlaw-request at nfbnet.org You can reach the person managing the list at blindlaw-owner at nfbnet.org When replying, please edit your Subject line so it is more specific than "Re: Contents of BlindLaw digest..." Today's Topics: 1. Do any of you use an Overhead book scanner? (Teresita Rios) 2. Re: Do any of you use an Overhead book scanner? (Singh, Nandini) ---------------------------------------------------------------------- Message: 1 Date: Wed, 19 Oct 2022 14:32:47 -0400 From: Teresita Rios To: Blind Law Mailing List Subject: [blindLaw] Do any of you use an Overhead book scanner? Message-ID: Content-Type: text/plain; charset=us-ascii Hello frieds, I am writing a research paper and many large books are not digital. I have already given the accessibility office several to scan and they are taking a wile. I have other books where I only need one or two chapters. To speed up the process I was looking into overhead book scanners as an early Christmas present. The benefits are that I do not have to cut the book up, and they seem less cumbersome than using my phone to scan binded books. As I will not have to hold the phone and also hold the large books as flat as possible. The drawbacks are that I have to turn the pages wile it scans, and the price. I was wondering if any of you have used any Overhead book scanners like the: Fujitsu ScanSnap SV600 Overhead Book and Document Scanner Link: https://link.edgepilot.com/s/079605b5/A6xaxMfgvEeptNAcOIQz9A?u=https://www.amazon.com/dp/B01FW17FGI?tag=georiot-us-default-20%26th=1%26ascsubtag=dcw-us-1276987266392841500-20%26geniuslink=true Please let me know how you guys have approached the issue, if you guys have used an Overhead scanner, how was your experience, and which one you used. Warmly, Teresita Rios. J. D. Candidate, University of Notre Dame Law School 2023. ------------------------------ Message: 2 Date: Wed, 19 Oct 2022 18:51:41 +0000 From: "Singh, Nandini" To: Blind Law Mailing List Subject: Re: [blindLaw] Do any of you use an Overhead book scanner? Message-ID: Content-Type: text/plain; charset="us-ascii" One other option is to ask your law library to assist with scanning. I did this frequently during school for both textbooks and research materials. Since you are asking for relatively short excerpts, I imagine that a staff member could handle in an hour or so depending on the equipment that the library has. Usually libraries have good and fast scanners since a request for scanned materials happens more than you think. I otherwise defer to others re: overhead scanner. I have never had the occasion to use one. -----Original Message----- From: BlindLaw On Behalf Of Teresita Rios via BlindLaw Sent: Wednesday, October 19, 2022 2:33 PM To: Blind Law Mailing List Cc: Teresita Rios Subject: [blindLaw] Do any of you use an Overhead book scanner? [EXTERNAL] Hello frieds, I am writing a research paper and many large books are not digital. I have already given the accessibility office several to scan and they are taking a wile. I have other books where I only need one or two chapters. To speed up the process I was looking into overhead book scanners as an early Christmas present. The benefits are that I do not have to cut the book up, and they seem less cumbersome than using my phone to scan binded books. As I will not have to hold the phone and also hold the large books as flat as possible. The drawbacks are that I have to turn the pages wile it scans, and the price. I was wondering if any of you have used any Overhead book scanners like the: Fujitsu ScanSnap SV600 Overhead Book and Document Scanner Link: https://link.edgepilot.com/s/079605b5/A6xaxMfgvEeptNAcOIQz9A?u=https://www.amazon.com/dp/B01FW17FGI?tag=georiot-us-default-20%26th=1%26ascsubtag=dcw-us-1276987266392841500-20%26geniuslink=true Please let me know how you guys have approached the issue, if you guys have used an Overhead scanner, how was your experience, and which one you used. Warmly, Teresita Rios. J. D. Candidate, University of Notre Dame Law School 2023. _______________________________________________ BlindLaw mailing list BlindLaw at nfbnet.org https://link.edgepilot.com/s/1ce474ce/YWvZPR6sg0SMjZloM24WNw?u=http://nfbnet.org/mailman/listinfo/blindlaw_nfbnet.org To unsubscribe, change your list options or get your account info for BlindLaw: https://link.edgepilot.com/s/59580cc6/kPzqGd55cky3bqArqVVvDg?u=http://nfbnet.org/mailman/options/blindlaw_nfbnet.org/nsingh%2540cov.com ------------------------------ Subject: Digest Footer _______________________________________________ BlindLaw mailing list BlindLaw at nfbnet.org https://link.edgepilot.com/s/1ce474ce/YWvZPR6sg0SMjZloM24WNw?u=http://nfbnet.org/mailman/listinfo/blindlaw_nfbnet.org ------------------------------ End of BlindLaw Digest, Vol 221, Issue 11 ***************************************** From tim at timeldermusic.com Fri Oct 21 02:45:22 2022 From: tim at timeldermusic.com (tim at timeldermusic.com) Date: Thu, 20 Oct 2022 19:45:22 -0700 Subject: [blindLaw] Section 508 Enforcement Hearing Message-ID: <027601d8e4f7$2c1442d0$843cc870$@timeldermusic.com> Hear is the DC Circuit argument on whether Section 508 can be enforced in U.S. federal courts. It is an important issue for the accessibility of all workplace technology. It was a privilege to work with Karla Gilbride and Albert Elia on this appeal. https://youtu.be/Y_GQ1I9_Kj4?t=4 From ThomasDukeman at outlook.com Fri Oct 21 03:54:27 2022 From: ThomasDukeman at outlook.com (Thomas Dukeman) Date: Fri, 21 Oct 2022 03:54:27 +0000 Subject: [blindLaw] Help understanding SCOTUS responses & Authority In-Reply-To: References: Message-ID: What I meant by change their minds is that they first refuse a case on Cert then when given the same case later on down the line, then decided to hear it then, can they do it at that time they choose to, or do they need to wait some prescribed time between denial of appeal and resubmission before accepting to hear it the second time, because they only hear a certain number of cases per term but feel it is worth hearing and set it aside for a later undisclosed time? Sent from Mail for Windows From: Sai via BlindLaw Sent: Tuesday, October 18, 2022 9:15 PM To: Blind Law Mailing List Cc: Sai Subject: Re: [blindLaw] Help understanding SCOTUS responses & Authority > I know that SCOTUS only gets involved in legal questions concerning the Constitution Not true. They primarily take cases that involve a circuit split. It needn't be a constitutional question. There are also a small number of cases that don't go on cert, but on appeal as of right or original jurisdiction — e.g. some habeas appeals & state vs state lawsuits. Most of them are denied without precedent also, though. > what happens to the court cases they send back? Are those decisions still considered legally binding for a time Denied cert has no effect whatever other than denying cert. The lower court (probably federal circuit court of appeals) decision stands, but it is not affirmed; it has no greater or lesser precedential value than it did before the cert petition. > is it only allowed one attempt at being sent to them and if it gets rejected, that’s it until they change their minds? That would be impossible. They can't change their minds without being presented a case, and cert is how you ask them to take a case. So if this were true, they would never have the opportunity to change their minds about a legal issue. However, denial of cert does mean that's it for that appeal. You cannot ask them to reconsider cert. (However however, a given case can go on multiple different appeals over the years, and sometimes — rarely — a case has had multiple trips to SCOTUS too. But that's just like having multiple appellate cases.) You seem to be confusing cert petition in a given case vs decision of a legal issue that might recur in another case later on. Sincerely, Sai President, Fiat Fiendum, Inc., a 501(c)(3) Sent from my mobile phone; please excuse the concision and autocorrect errors. On Tue, 18 Oct 2022, 22:24 Thomas Dukeman via BlindLaw, wrote: > Hello fellow legal beagles! > > I know that SCOTUS only gets involved in legal questions concerning the > Constitution, and they can overturn a State court’s decision if asked, and > that they only do a certain number a year, what happens to the court cases > they send back? Are those decisions still considered legally binding for a > time until they get brought to SCOTUS for consideration again, or is it > only allowed one attempt at being sent to them and if it gets rejected, > that’s it until they change their minds? > > Thanks in advance, > Tom > > Sent from Mail for Windows > > _______________________________________________ > BlindLaw mailing list > BlindLaw at nfbnet.org > http://nfbnet.org/mailman/listinfo/blindlaw_nfbnet.org > To unsubscribe, change your list options or get your account info for > BlindLaw: > http://nfbnet.org/mailman/options/blindlaw_nfbnet.org/sai%40fiatfiendum.org > _______________________________________________ BlindLaw mailing list BlindLaw at nfbnet.org http://nfbnet.org/mailman/listinfo/blindlaw_nfbnet.org To unsubscribe, change your list options or get your account info for BlindLaw: http://nfbnet.org/mailman/options/blindlaw_nfbnet.org/thomasdukeman%40outlook.com From rothmanjd at gmail.com Fri Oct 21 04:52:37 2022 From: rothmanjd at gmail.com (rothmanjd at gmail.com) Date: Fri, 21 Oct 2022 00:52:37 -0400 Subject: [blindLaw] Section 508 Enforcement Hearing In-Reply-To: <027601d8e4f7$2c1442d0$843cc870$@timeldermusic.com> References: <027601d8e4f7$2c1442d0$843cc870$@timeldermusic.com> Message-ID: <015401d8e508$f1ad86d0$d5089470$@gmail.com> Karla, Tim, Al, and company did an outstanding job on this. It was a privilllege to be able to be at the argument, and their arguments were well-reasoned, on-point, and quite persuasive. Please go do listen to the hearing - you won't regret it! Ronza Othman, President National Federation of the Blind of Maryland 443-426-4110 Pronouns: she, her, hers -----Original Message----- From: BlindLaw On Behalf Of Tim Elder via BlindLaw Sent: Thursday, October 20, 2022 10:45 PM To: blindlaw at nfbnet.org Cc: tim at timeldermusic.com Subject: [blindLaw] Section 508 Enforcement Hearing Hear is the DC Circuit argument on whether Section 508 can be enforced in U.S. federal courts. It is an important issue for the accessibility of all workplace technology. It was a privilege to work with Karla Gilbride and Albert Elia on this appeal. https://youtu.be/Y_GQ1I9_Kj4?t=4 _______________________________________________ BlindLaw mailing list BlindLaw at nfbnet.org http://nfbnet.org/mailman/listinfo/blindlaw_nfbnet.org To unsubscribe, change your list options or get your account info for BlindLaw: http://nfbnet.org/mailman/options/blindlaw_nfbnet.org/rothmanjd%40gmail.com From rodalcidonis at gmail.com Fri Oct 21 08:08:55 2022 From: rodalcidonis at gmail.com (rodalcidonis at gmail.com) Date: Fri, 21 Oct 2022 04:08:55 -0400 Subject: [blindLaw] Section 508 Enforcement Hearing In-Reply-To: <015401d8e508$f1ad86d0$d5089470$@gmail.com> References: <027601d8e4f7$2c1442d0$843cc870$@timeldermusic.com> <015401d8e508$f1ad86d0$d5089470$@gmail.com> Message-ID: <002d01d8e524$5db55d60$19201820$@gmail.com> I agree. Great job by all involved. Rod, -----Original Message----- From: BlindLaw On Behalf Of Ronza Othman via BlindLaw Sent: Friday, October 21, 2022 12:53 AM To: 'Blind Law Mailing List' Cc: rothmanjd at gmail.com; tim at timeldermusic.com Subject: Re: [blindLaw] Section 508 Enforcement Hearing Karla, Tim, Al, and company did an outstanding job on this. It was a privilllege to be able to be at the argument, and their arguments were well-reasoned, on-point, and quite persuasive. Please go do listen to the hearing - you won't regret it! Ronza Othman, President National Federation of the Blind of Maryland 443-426-4110 Pronouns: she, her, hers -----Original Message----- From: BlindLaw On Behalf Of Tim Elder via BlindLaw Sent: Thursday, October 20, 2022 10:45 PM To: blindlaw at nfbnet.org Cc: tim at timeldermusic.com Subject: [blindLaw] Section 508 Enforcement Hearing Hear is the DC Circuit argument on whether Section 508 can be enforced in U.S. federal courts. It is an important issue for the accessibility of all workplace technology. It was a privilege to work with Karla Gilbride and Albert Elia on this appeal. https://youtu.be/Y_GQ1I9_Kj4?t=4 _______________________________________________ BlindLaw mailing list BlindLaw at nfbnet.org http://nfbnet.org/mailman/listinfo/blindlaw_nfbnet.org To unsubscribe, change your list options or get your account info for BlindLaw: http://nfbnet.org/mailman/options/blindlaw_nfbnet.org/rothmanjd%40gmail.com _______________________________________________ BlindLaw mailing list BlindLaw at nfbnet.org http://nfbnet.org/mailman/listinfo/blindlaw_nfbnet.org To unsubscribe, change your list options or get your account info for BlindLaw: http://nfbnet.org/mailman/options/blindlaw_nfbnet.org/rodalcidonis%40gmail.c om From jeffjayjohnston at gmail.com Fri Oct 21 21:35:13 2022 From: jeffjayjohnston at gmail.com (JJ Johnston) Date: Fri, 21 Oct 2022 14:35:13 -0700 Subject: [blindLaw] STANDSCAN, RE: Do any of you use an Overhead book scanner? / RE: BlindLaw Digest, Vol 221, Issue 11 In-Reply-To: <3a7b8f8c2e324add990118e5174f9215@bwspllc.com> References: <3a7b8f8c2e324add990118e5174f9215@bwspllc.com> Message-ID: <01f701d8e595$00ffedd0$02ffc970$@gmail.com> The scanning stand I much prefer is Fopydo. It too folds up about the size of a notepad. Assembly/disassembly takes maybe 2-3 seconds. I like that it has no sides so no additional light source is needed. If ambient light is insufficient, just turn on your phone's flashlight. I bought mine before tablets were a thing; it's possible that the manufacturer has since made a beefier version to support iPads. Jay Johnston -----Original Message----- From: BlindLaw On Behalf Of William Miller via BlindLaw Sent: Thursday, October 20, 2022 7:14 AM To: blindlaw at nfbnet.org Cc: William Miller Subject: [blindLaw] STANDSCAN, RE: Do any of you use an Overhead book scanner? / RE: BlindLaw Digest, Vol 221, Issue 11 If you are going to use an overhead scanner then the Standscan is a much less expensive but effective solution than overhead scanning equipment. It is basically a 3-sided box with a small hole in the top. You place your smartphone on top of the ScanStand so that your camera lens is pointed down toward the bottom of the box. You place your document inside the box and an OCR app on your phone can be used to scan it. There are raised, adhesive strips that can be permanently positioned on top of the StandScan that you place your phone inside of so that you don't have to struggle to get your phone in the proper position where the camera lens is placed directly over the hole. So it automatically positions your smartphone to capture the four corners of the document while also freeing up both of your hands. It is roughly 9" x 12", about 12" tall, and costs about $55. It is very light, portable, and can be easily disassembled and folded into the size of a legal notepad. . Assembling it is challenging the first few times you put it together, but it's easy once you get the hang of it. The ScanStand Pro includes built-in LED lighting. It is difficult to find for purchase online (I just tried), but here's a link to a similar product: https://www.scanjig.com/shop. Here's a link to another competitor: https://www.giraffe-reader.com/. Definitely worth a try before you buy an expensive piece of equipment! Good luck. Best regards, William T. Miller Attorney Brinkley Walser Stoner, PLLC 10 LSB PLAZA P.O. Box 1657 Lexington, North Carolina 27293-1657 Telephone: (336) 249-2101 Fax: (336) 249-4572 Email: wmiller at bwspllc.com Website: www.brinkleywalserstoner.com Greensboro Location: First Citizens Bank Building 620 Green Valley Road, Suite 306 Greensboro, North Carolina 27408 Telephone: (336) 235-2941 IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. tax advice contained in this communication (or in any attachment) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or communication (or in any attachment). 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Thank you. -----Original Message----- From: BlindLaw On Behalf Of blindlaw-request at nfbnet.org Sent: Thursday, October 20, 2022 8:00 AM To: blindlaw at nfbnet.org Subject: BlindLaw Digest, Vol 221, Issue 11 Send BlindLaw mailing list submissions to blindlaw at nfbnet.org To subscribe or unsubscribe via the World Wide Web, visit https://link.edgepilot.com/s/1ce474ce/YWvZPR6sg0SMjZloM24WNw?u=http://nfbnet .org/mailman/listinfo/blindlaw_nfbnet.org or, via email, send a message with subject or body 'help' to blindlaw-request at nfbnet.org You can reach the person managing the list at blindlaw-owner at nfbnet.org When replying, please edit your Subject line so it is more specific than "Re: Contents of BlindLaw digest..." Today's Topics: 1. Do any of you use an Overhead book scanner? (Teresita Rios) 2. Re: Do any of you use an Overhead book scanner? (Singh, Nandini) ---------------------------------------------------------------------- Message: 1 Date: Wed, 19 Oct 2022 14:32:47 -0400 From: Teresita Rios To: Blind Law Mailing List Subject: [blindLaw] Do any of you use an Overhead book scanner? Message-ID: Content-Type: text/plain; charset=us-ascii Hello frieds, I am writing a research paper and many large books are not digital. I have already given the accessibility office several to scan and they are taking a wile. I have other books where I only need one or two chapters. To speed up the process I was looking into overhead book scanners as an early Christmas present. The benefits are that I do not have to cut the book up, and they seem less cumbersome than using my phone to scan binded books. As I will not have to hold the phone and also hold the large books as flat as possible. The drawbacks are that I have to turn the pages wile it scans, and the price. I was wondering if any of you have used any Overhead book scanners like the: Fujitsu ScanSnap SV600 Overhead Book and Document Scanner Link: https://link.edgepilot.com/s/079605b5/A6xaxMfgvEeptNAcOIQz9A?u=https://www.a mazon.com/dp/B01FW17FGI?tag=georiot-us-default-20%26th=1%26ascsubtag=dcw-us- 1276987266392841500-20%26geniuslink=true Please let me know how you guys have approached the issue, if you guys have used an Overhead scanner, how was your experience, and which one you used. Warmly, Teresita Rios. J. D. Candidate, University of Notre Dame Law School 2023. ------------------------------ Message: 2 Date: Wed, 19 Oct 2022 18:51:41 +0000 From: "Singh, Nandini" To: Blind Law Mailing List Subject: Re: [blindLaw] Do any of you use an Overhead book scanner? Message-ID: Content-Type: text/plain; charset="us-ascii" One other option is to ask your law library to assist with scanning. I did this frequently during school for both textbooks and research materials. Since you are asking for relatively short excerpts, I imagine that a staff member could handle in an hour or so depending on the equipment that the library has. Usually libraries have good and fast scanners since a request for scanned materials happens more than you think. I otherwise defer to others re: overhead scanner. I have never had the occasion to use one. -----Original Message----- From: BlindLaw On Behalf Of Teresita Rios via BlindLaw Sent: Wednesday, October 19, 2022 2:33 PM To: Blind Law Mailing List Cc: Teresita Rios Subject: [blindLaw] Do any of you use an Overhead book scanner? [EXTERNAL] Hello frieds, I am writing a research paper and many large books are not digital. I have already given the accessibility office several to scan and they are taking a wile. I have other books where I only need one or two chapters. To speed up the process I was looking into overhead book scanners as an early Christmas present. The benefits are that I do not have to cut the book up, and they seem less cumbersome than using my phone to scan binded books. As I will not have to hold the phone and also hold the large books as flat as possible. The drawbacks are that I have to turn the pages wile it scans, and the price. I was wondering if any of you have used any Overhead book scanners like the: Fujitsu ScanSnap SV600 Overhead Book and Document Scanner Link: https://link.edgepilot.com/s/079605b5/A6xaxMfgvEeptNAcOIQz9A?u=https://www.a mazon.com/dp/B01FW17FGI?tag=georiot-us-default-20%26th=1%26ascsubtag=dcw-us- 1276987266392841500-20%26geniuslink=true Please let me know how you guys have approached the issue, if you guys have used an Overhead scanner, how was your experience, and which one you used. Warmly, Teresita Rios. J. D. Candidate, University of Notre Dame Law School 2023. _______________________________________________ BlindLaw mailing list BlindLaw at nfbnet.org https://link.edgepilot.com/s/1ce474ce/YWvZPR6sg0SMjZloM24WNw?u=http://nfbnet .org/mailman/listinfo/blindlaw_nfbnet.org To unsubscribe, change your list options or get your account info for BlindLaw: https://link.edgepilot.com/s/59580cc6/kPzqGd55cky3bqArqVVvDg?u=http://nfbnet .org/mailman/options/blindlaw_nfbnet.org/nsingh%2540cov.com ------------------------------ Subject: Digest Footer _______________________________________________ BlindLaw mailing list BlindLaw at nfbnet.org https://link.edgepilot.com/s/1ce474ce/YWvZPR6sg0SMjZloM24WNw?u=http://nfbnet .org/mailman/listinfo/blindlaw_nfbnet.org ------------------------------ End of BlindLaw Digest, Vol 221, Issue 11 ***************************************** _______________________________________________ BlindLaw mailing list BlindLaw at nfbnet.org http://nfbnet.org/mailman/listinfo/blindlaw_nfbnet.org To unsubscribe, change your list options or get your account info for BlindLaw: http://nfbnet.org/mailman/options/blindlaw_nfbnet.org/jeffjayjohnston%40gmai l.com From sai at fiatfiendum.org Sat Oct 22 10:37:35 2022 From: sai at fiatfiendum.org (Sai) Date: Sat, 22 Oct 2022 11:37:35 +0100 Subject: [blindLaw] Help understanding SCOTUS responses & Authority In-Reply-To: References: Message-ID: That doesn't happen; like I said, there's no such thing as a reconsideration of denial of cert. They do not give a fuck if they deny cert in a case that maybe they would've wanted to take, because they don't care about the individual case in the first place, only about the legal issues. And legal issues will come up again in some other case presented eventually. If anything, the opposite happens: sometimes (rarely) they grant cert but then — after briefing and possibly even after oral argument — retract it ("denied as improvidently granted"). That lets them consider a case but then not rule on it either way, just as if they'd never granted cert. If they're unsure whether or not they want to grant cert, they just sit on it for months. They have no deadline at all. Neither do any other federal courts. There is no "lazy judge" rule. For permissive appeals, they can also take however many or however few cases they want to. Same is true for all the federal appellate courts. Unless there's a legal right to appeal — in which case there's no request for permission to appeal (like cert) in the first place — the court can say yes or no however it wants. You seem to be under the impression that SCOTUS is bound by rules. It isn't. It is at the top of the hierarchy, so for the most part it only has to obey Article 3 of the Constitution, and it interprets that for itself without anyone else having review of its interpretation. There are also a (very very) few laws that mandate how SCOTUS operates. Mostly, it makes its own rules however it pleases, and the actual rules they make mostly only apply to other people. They just do what they want. I strongly recommend you go read the entirety of the SCOTUS rules (which, remember, they set themselves): https://www.law.cornell.edu/rules/supct It's not that long, and well worth the read given your curiosity. I suggest you also read the Federal Rules of Appellate Procedure: https://www.law.cornell.edu/rules/frap Those are set by the Administrative Office of the United States Courts, with approval by the Supreme Court, under the Rules Enabling Act: https://www.uscourts.gov/rules-policies/about-rulemaking-process If you find rules that you think should be changed, other than SCOTUS' (which they don't have jurisdiction over), you're confident you understand what they currently are, and you can make a good argument for why and how to change them, do so — just email with your write-up (preferably in a nicely formatted PDF). AOUSC is extremely conservative (in the judicial sense), but some suggestions do get approved. I've actually submitted multiple proposals to AOUSC myself. One tiny one got approved a few years ago (removing the SSN question from the appellate IFP form). Two others (one about pro se use of CM/ECF, the other about radically limiting and standardizing the civil, bankruptcy, & appellate IFP forms & rules) currently have dedicated subcommittees assigned to them taking them seriously (albeit very slowly and not as strongly as I think is proper, it's extremely unusual for them to assign a dedicated subcommittee at all). I have others in draft that I've not submitted yet. You can read my suggestions, and others', at https://www.uscourts.gov/rules-policies/records-rules-committees/rules-suggestions Here's the summary of mine (several are given multiple IDs): 15-AP-E, 15-BK-I, 15-CV-EE, 15-CR-D re pro se & IFP — part approved, part denied, part still pending https://www.uscourts.gov/rules-policies/archives/suggestions/sai-15-ap-e 15-CV-GG re forms post Iqbal/Twombly, denied https://www.uscourts.gov/rules-policies/archives/suggestions/sai-15-cv-gg 19-AP-C, 19-CR-A, 19-CV-Q re IFP rules, still pending https://www.uscourts.gov/rules-policies/archives/suggestions/sai-19-ap-c 19-AP-D, 19-BK-G, 19-CR-B, 19-CV-R re calculation of filing deadlines, denied https://www.uscourts.gov/rules-policies/archives/suggestions/sai-19-ap-d 19-AP-G, 19-CV-FF re naming official capacity parties, denied https://www.uscourts.gov/rules-policies/archives/suggestions/sai-19-ap-g 20-AP-B, 20-CV-G re dismissal of meritless cases & sanctions, denied https://www.uscourts.gov/rules-policies/archives/suggestions/sai-20-ap-b 20-AP-D, follow-up re IFP rules, still pending https://www.uscourts.gov/rules-policies/archives/suggestions/sai-20-ap-d 20-AP-E, 20-CV-Y re "relation forward" rules, still pending https://www.uscourts.gov/rules-policies/archives/suggestions/sai-20-ap-e 21-AP-B follow-up re IFP forms https://www.uscourts.gov/rules-policies/archives/suggestions/sai-21-ap-b 21-BK-H re electronic signatures, denied https://www.uscourts.gov/rules-policies/archives/suggestions/sai-21-bk-h 21-CV-I re service on government parties & cleaning up FRCP 4(I), still pending https://www.uscourts.gov/rules-policies/archives/suggestions/sai-21-cv-i 21-AP-E, 21-BK-I, 21-CR-E, 21-CV-J re pro se electronic filing, still pending https://www.uscourts.gov/rules-policies/archives/suggestions/sai-21-ap-e 21-CV-K re AAJ's proposal re "snap removals", denied https://www.uscourts.gov/rules-policies/archives/suggestions/sai-21-cv-k Sincerely, Sai President, Fiat Fiendum, Inc., a 501(c)(3) Sent from my mobile phone; please excuse the concision and autocorrect errors. On Fri, 21 Oct 2022, 04:55 Thomas Dukeman via BlindLaw, wrote: > What I meant by change their minds is that they first refuse a case on > Cert then when given the same case later on down the line, then decided to > hear it then, can they do it at that time they choose to, or do they need > to wait some prescribed time between denial of appeal and resubmission > before accepting to hear it the second time, because they only hear a > certain number of cases per term but feel it is worth hearing and set it > aside for a later undisclosed time? > > Sent from Mail for Windows > > From: Sai via BlindLaw > Sent: Tuesday, October 18, 2022 9:15 PM > To: Blind Law Mailing List > Cc: Sai > Subject: Re: [blindLaw] Help understanding SCOTUS responses & Authority > > > I know that SCOTUS only gets involved in legal questions concerning the > Constitution > > Not true. They primarily take cases that involve a circuit split. It > needn't be a constitutional question. > > There are also a small number of cases that don't go on cert, but on appeal > as of right or original jurisdiction — e.g. some habeas appeals & state vs > state lawsuits. Most of them are denied without precedent also, though. > > > what happens to the court cases they send back? Are those decisions still > considered legally binding for a time > > Denied cert has no effect whatever other than denying cert. > > The lower court (probably federal circuit court of appeals) decision > stands, but it is not affirmed; it has no greater or lesser precedential > value than it did before the cert petition. > > > is it only allowed one attempt at being sent to them and if it gets > rejected, that’s it until they change their minds? > > That would be impossible. They can't change their minds without being > presented a case, and cert is how you ask them to take a case. So if this > were true, they would never have the opportunity to change their minds > about a legal issue. > > However, denial of cert does mean that's it for that appeal. You cannot ask > them to reconsider cert. > > (However however, a given case can go on multiple different appeals over > the years, and sometimes — rarely — a case has had multiple trips to SCOTUS > too. But that's just like having multiple appellate cases.) > > You seem to be confusing cert petition in a given case vs decision of a > legal issue that might recur in another case later on. > > Sincerely, > Sai > President, Fiat Fiendum, Inc., a 501(c)(3) > > Sent from my mobile phone; please excuse the concision and autocorrect > errors. > > On Tue, 18 Oct 2022, 22:24 Thomas Dukeman via BlindLaw, < > blindlaw at nfbnet.org> > wrote: > > > Hello fellow legal beagles! > > > > I know that SCOTUS only gets involved in legal questions concerning the > > Constitution, and they can overturn a State court’s decision if asked, > and > > that they only do a certain number a year, what happens to the court > cases > > they send back? Are those decisions still considered legally binding for > a > > time until they get brought to SCOTUS for consideration again, or is it > > only allowed one attempt at being sent to them and if it gets rejected, > > that’s it until they change their minds? > > > > Thanks in advance, > > Tom > > > > Sent from Mail for > Windows > > > > _______________________________________________ > > BlindLaw mailing list > > BlindLaw at nfbnet.org > > http://nfbnet.org/mailman/listinfo/blindlaw_nfbnet.org > > To unsubscribe, change your list options or get your account info for > > BlindLaw: > > > http://nfbnet.org/mailman/options/blindlaw_nfbnet.org/sai%40fiatfiendum.org > > > _______________________________________________ > BlindLaw mailing list > BlindLaw at nfbnet.org > http://nfbnet.org/mailman/listinfo/blindlaw_nfbnet.org > To unsubscribe, change your list options or get your account info for > BlindLaw: > > http://nfbnet.org/mailman/options/blindlaw_nfbnet.org/thomasdukeman%40outlook.com > > _______________________________________________ > BlindLaw mailing list > BlindLaw at nfbnet.org > http://nfbnet.org/mailman/listinfo/blindlaw_nfbnet.org > To unsubscribe, change your list options or get your account info for > BlindLaw: > http://nfbnet.org/mailman/options/blindlaw_nfbnet.org/sai%40fiatfiendum.org > From Noel.Nightingale at ed.gov Mon Oct 24 20:43:26 2022 From: Noel.Nightingale at ed.gov (Nightingale, Noel) Date: Mon, 24 Oct 2022 20:43:26 +0000 Subject: [blindLaw] =?windows-1252?q?Blind_to_Problems=3A_How_VA=92s_Elec?= =?windows-1252?q?tronic_Record_System_Shuts_Out_Visually_Impaired_Patient?= =?windows-1252?q?s_-_Government_Executive_-_OCTOBER_21=2C_2022?= In-Reply-To: References: Message-ID: The below article about 508 noncompliance may be of interest… https://www.govexec.com/technology/2022/10/blind-problems-how-vas-electronic-record-system-shuts-out-visually-impaired-patients/378733/ Blind to Problems: How VA’s Electronic Record System Shuts Out Visually Impaired Patients By Darius Tahir Government Executive OCTOBER 21, 2022 Veterans Affairs’ electronic health records aren’t friendly to blind- and low-vision users, whether they’re patients or employees. It’s a microcosm of America’s health care system. Sarah Sheffield, a nurse practitioner at a Veterans Affairs clinic in Eugene, Oregon, had a problem. Her patients — mostly in their 70s and beyond — couldn’t read computer screens. It’s not an unusual problem for older people, which is why you might think Oracle Cerner, the developers of the agency’s new digital health record system, would have anticipated it. But they didn’t. Federal law requires government resources to be accessible to patients with disabilities. But patients can’t easily enlarge the text. “They all learned to get strong reading glasses and magnifying glasses,” said Sheffield, who retired in early October. The difficulties are everyday reminders of a dire reality for patients in the VA system. More than a million patients are blind or have low vision. They rely on software to access prescriptions or send messages to their doctors. But often the technology fails them. Either the screens don’t allow users to zoom in on the text, or screen-reader software that translates text to speech isn’t compatible. “None of the systems are accessible” to these patients, said Donald Overton, executive director of the Blinded Veterans Association. Patients often struggle even to log into websites or enter basic information needed to check in for hospital visits, Overton said: “We find our community stops trying, checks out, and disengages. They become dependent on other individuals; they give up independence.” Now, the developing VA medical record system, already bloated by outsize costs, has been delayed until June 2023. So far, the project has threatened to exacerbate those issues. While users in general have been affected by numerous incidents of downtime, delayed care, and missing information, barriers to access are particularly acute for blind and low-vision users — whether patients or workers within the health system. At least one Oregon-based employee has been offered aid — a helper assigned to read and click buttons — to navigate the system. Over 1,000 Section 508 complaints are in a backlog to be assessed, or assigned to Oracle Cerner to fix, Veterans Affairs spokesperson Terrence Hayes confirmed. That section is part of federal law guaranteeing people with disabilities access to government technology. Hayes said the problems described by these complaints don’t prevent employees and patients with disabilities from using the system. The complaints — 469 of which have been assigned to Oracle Cerner to fix, he said — mean that users’ disabilities make it more difficult, to the point of requiring mitigation. The project is under new management with big promises. North Kansas City, Missouri-based developer Cerner, which originally landed the VA contract, was recently taken over by database technology giant Oracle, which plans to overhaul the software, company executive Mike Sicilia said during a September Senate hearing. “We intend to rewrite” the system, he said. “We have found nothing that can’t be addressed in relatively short order.” But that will happen under continued scrutiny. Rep. Mark Takano (D-Calif.), chair of the House Veterans Affairs Committee, said his panel would continue to oversee the department’s compliance with accessibility standards. “Whether they work for VA or receive health care and benefits, the needs of veterans must be addressed by companies that want to work with the VA,” he said. Takano, along with fellow Democrats Sens. Bob Casey of Pennsylvania and Jon Tester of Montana, sent a letter Oct. 7 to VA Secretary Denis McDonough noting the significant gaps in the agency’s systems, and urging VA to engage with all disabled veterans, not merely those who are blind. VA was alerted early and often that Cerner’s software posed problems for blind- and low-vision users, interviews and a review of records show. As early as 2015, when the Department of Defense and VA were exploring purchasing new systems, the National Federation of the Blind submitted letters to both departments, and Cerner, expressing concerns that the product would be unusable for clinicians and patients. Alerts also came from inside VA. “We pointed out to Cerner that their system was really dependent on vision and that it was a major problem. The icons are really, really small,” said Dr. Art Wallace, a VA anesthesiologist who participated in one of the agency’s user groups to provide input for the eventual design of the system. The Cerner system, he told the agency and KHN, is user-unfriendly. On the clinician side, it requires multiple high-resolution monitors to display a patient’s entire record, and VA facilities don’t always enjoy that wealth of equipment. “It would be very hard for visually impaired people, or normal people wearing bifocals, to use,” he concluded. Before the software was rolled out, the system also failed a test with an employee working with a team at Oregon’s White City VA Medical Center devoted to helping blind patients develop skills and independence, said Carolyn Schwab, president of the American Federation of Government Employees Local 1042. In the testing, the system didn’t work with adaptive equipment, like text-to-speech software, she said. Despite receiving these complaints about the system, VA and Cerner “implemented it anyway.” Recently, when a regional AFGE president asked VA why they used the software — despite the federal mandates — he received no response, Schwab said. Some within the company also thought there would be struggles. Two former Cerner employees said the standard medical record system was getting long in the tooth when VA signed an agreement to purchase and customize the product. Because it was built on old code, the software was difficult to patch when problems were discovered, the employees said. What’s more, according to the employees, Cerner took a doggedly incremental approach to fixing errors. If someone complained about a malfunctioning button on a page filled with other potholes, the company would fix just that button — not the whole page, the employees said. VA spokesperson Hayes denied the claims, saying the developer and department try to address problems holistically. Cerner did not respond to multiple requests for comment. Accessibility errors are as present in private sector medical record systems as public. Cerner patched up a bug with the Safari web browser’s rendering of its patient portal when the Massachusetts Institute of Technology’s student clinic threatened legal action, the former employees said. (“MIT Medical does not, as a general practice, discuss individual vendor contracts or services,” said spokesperson David Tytell.) Legal threats — with hospital systems and medical record systems routinely facing lawsuits — are the most obvious symptom of a lack of accessibility within the U.S. health care system. Deep inaccessibility plagues the burgeoning telehealth sector. A recent survey from the American Federation for the Blind found that 57% of respondents struggled to use providers’ proprietary telehealth platforms. Some resorted to FaceTime. Many said they were unable to log in or couldn’t read information transmitted through chat sidebars. Existing federal regulations could, in theory, be used to enforce higher standards of accessibility in health technology. The Department of Health and Human Services Office for Civil Rights issued guidance during the pandemic on making telehealth technologies easier to use for patients with disabilities. And other agencies could start leaning on hospitals, because they are recipients of government dollars or federal vendors, to make sure their offerings work for such patients. That might not happen. These regulations could prove toothless, advocates warn. While there are several laws on the books, the advocates argue that enforcement and tougher regulations have not been forthcoming. “The concern from stakeholders is: Are you going to slow-walk this again?” said Joe Nahra, director of government relations at Powers Law, a Washington, D.C., law firm. Building in accessibility has historically benefited all users. Voice assistance technology was originally developed to help blind- and low-vision users before winning widespread popularity with gadgets like Siri and Alexa. Disability advocates believe vendors often push technology ahead without properly considering the impact on the people who will rely on it. “In the rush to be the first one, they put accessibility on the back burner,” said Eve Hill, a disability rights attorney with Brown, Goldstein & Levy, a civil rights law firm. KHN (Kaiser Health News) is a national newsroom that produces in-depth journalism about health issues. Together with Policy Analysis and Polling, KHN is one of the three major operating programs at KFF (Kaiser Family Foundation). KFF is an endowed nonprofit organization providing information on health issues to the nation. From Noel.Nightingale at ed.gov Tue Oct 25 22:08:18 2022 From: Noel.Nightingale at ed.gov (Nightingale, Noel) Date: Tue, 25 Oct 2022 22:08:18 +0000 Subject: [blindLaw] TOMORROW | Equity in the Workplace: Disabled Lawyers Share Their Experiences In-Reply-To: <1139434858642.1134152316292.1819441358.0.571219JL.2002@scheduler.constantcontact.com> References: <1139434858642.1134152316292.1819441358.0.571219JL.2002@scheduler.constantcontact.com> Message-ID: From: ABA Section of Civil Rights and Social Justice Sent: Tuesday, October 25, 2022 9:22 AM Subject: TOMORROW | Equity in the Workplace: Disabled Lawyers Share Their Experiences Check out the latest programs and initiatives of CRSJ! [https://r20.rs6.net/on.jsp?ca=559fbe43-6ec6-483f-997e-5a57d771e631&a=1134152316292&c=d7edb4c4-79f6-11ea-b8a3-d4ae5275b546&ch=d812596e-79f6-11ea-b8a3-d4ae5275b546] [https://files.constantcontact.com/485feb01801/c6e34267-3976-42a2-acc7-8dc0a3200ad8.png]   The Latest Civil Rights Programming! The Section thanks its 2022 Thurgood Marshall Award Celebration sponsors for their generous support and is grateful for our Mission Partners - Paul, Weiss, Rifkind, Wharton & Garrison LLP and Lieff Cabraser Heimann & Bernstein, LLP - and to our Advocate sponsor - Goodwin Procter - for contributing significantly to advance CRSJ goals, projects, and initiatives. Equity in the Workplace: Disabled Lawyers Share Their Experiences Wednesday, October 26, 2022 4:00 p.m. - 5:00 p.m. ET Register [https://files.constantcontact.com/485feb01801/154f5db5-515a-4cb2-adfd-aaf8069d4beb.png] An equitable workplace is one that provides each employee with access to the support, resources, treatment, and opportunities that they individually need to succeed in the workplace. Our panel of disabled lawyers will provide a brief overview of what equity means in the legal workplace. They will then share some of the inequities they have encountered because of their disabilities and suggest some ways that these systemic barriers can be addressed. PLEASE NOTE: THIS PROGRAM IS NOT FOR CLE CREDIT. · Lauren E. Clements – Associate, Littler Mendelson P.C. · Spencer A. Hill, Jr. – Associate, Manko, Gold, Katcher & Fox, LLP · Ann Motl – Associate, Greenberg Traurig, LLP · Michael A. 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From Noel.Nightingale at ed.gov Fri Oct 28 21:15:16 2022 From: Noel.Nightingale at ed.gov (Nightingale, Noel) Date: Fri, 28 Oct 2022 21:15:16 +0000 Subject: [blindLaw] Washington Department of Health position opening: hearing examiner In-Reply-To: References: Message-ID: From: Thieme, Andrea I (DOH) Sent: Friday, October 28, 2022 1:10 PM Subject: WA Department of Health position opening: Hello, Please consider sharing this open position within the Washington State Medical Commission. It is an interesting role that will serve the mission of WMC to protect the health and safety of the people in Washington by delivering quality legal services. Below is a link to the full job posting and a small piece of information about the work. Position: Hearings Examiner 3 (HE3) DOH6921 Division: Washington Medical Commission Location: Tumwater, WA Opens: October 27, 2022 Closes: November 17, 2022 Salary: $6105– $8013 Monthly This is a full-time, permanent Hearings Examiner 3 (HE3) position, located within the Washington State Medical Commission. This role – commonly referred to as a staff attorney – analyzes facts and law, recommending appropriate action or combination of actions for the Commission to take, conducts legal research requiring knowledge of current state and federal legislation, case law, and administrative decisions, and drafts legal documents, pleadings, correspondence, memoranda, and briefs. This position works with Commission members to negotiate settlements of disciplinary issues and assists the Commission with general legal issues or special projects. The incumbent may be located anywhere within the State of Washington. Telework (mobile work) is currently expected. When approved, the incumbent will work with their supervisor to identify an appropriate work schedule and balance including telework and reporting to the Tumwater, WA duty station for work activities as needed. Once the initial orientation for the position has been completed which could be approximately 2 months depending on incumbent need. It is anticipated that the incumbent would be expected to report to the Tumwater duty station for work activities for 2 days a week, approximately every six weeks for Commission meetings. If you have further questions, please contact me directly and I will do my best to assist you. Thank you for your time. Andrea Thieme Gender Pronouns: she/her (learn more) Human Resources Consultant 3 Office of Human Resources Washington State Department of Health Andrea.Thieme at doh.wa.gov 360-918-6601| www.doh.wa.gov [cid:image001.png at 01D8EACD.3D85BE00] Subscribe to DOH Job Alerts -------------- next part -------------- A non-text attachment was scrubbed... Name: image001.png Type: image/png Size: 5202 bytes Desc: image001.png URL: From laurenbishop96 at icloud.com Mon Oct 31 00:51:41 2022 From: laurenbishop96 at icloud.com (Lauren Bishop) Date: Sun, 30 Oct 2022 20:51:41 -0400 Subject: [blindLaw] Accommodations for bar exam Message-ID: <76013167-E6F9-4CCE-835B-9B247D65937D@icloud.com> Good evening All, Have any of you had success with advocating for an accessible electronic version of your bar exam, and the ability to use jaws? I was looking at the Florida accommodations petition, and I noticed that the only formats that they listed or braille, large, print, or audio CD. The petition doesn’t say anything about the use of a screen reader, and, although I am proficient in braille, I need to be able to type my essays because I’ve never worked with a scribe before. Also, I use jaws more than I use braille, and in past standardized, test administrations, I have use the screen reader to take the test. I’m also noticing that none of the petition documents are fillable I a person using a screen reader. If any of you have information regarding this, I would really appreciate it. Lauren. Sent from my iPhone From sanho817 at gmail.com Mon Oct 31 02:01:14 2022 From: sanho817 at gmail.com (Sanho Steele-Louchart) Date: Sun, 30 Oct 2022 21:01:14 -0500 Subject: [blindLaw] Accommodations for bar exam In-Reply-To: <76013167-E6F9-4CCE-835B-9B247D65937D@icloud.com> References: <76013167-E6F9-4CCE-835B-9B247D65937D@icloud.com> Message-ID: Lauren: In my case, the accommodations request form wasn't even available on their website. I dashed off an email to my board of bar examiners with a list of what I needed and the fact that I'm blind. They wrote back to ask if I'd test an electronic practice exam from the NCBE. They delivered the practice exam. It worked perfectly. I showed up on the first day of testing an hour early just in case, set up my computer and headphones, and a sighted proctor sat with me all day to make sure I didn't cheat. It could not have gone smoother. I can't say enough good things about the accommodations request process for my state. It was the first time in my life as a blind person that I was treated as an equal in that process, and it allowed me to focus exclusively on adequate preparation. You might try the same. Fingers crossed! Sanho On 10/30/22, Lauren Bishop via BlindLaw wrote: > Good evening All, > Have any of you had success with advocating for an accessible electronic > version of your bar exam, and the ability to use jaws? I was looking at the > Florida accommodations petition, and I noticed that the only formats that > they listed or braille, large, print, or audio CD. The petition doesn’t say > anything about the use of a screen reader, and, although I am proficient in > braille, I need to be able to type my essays because I’ve never worked with > a scribe before. Also, I use jaws more than I use braille, and in past > standardized, test administrations, I have use the screen reader to take the > test. I’m also noticing that none of the petition documents are fillable I > a person using a screen reader. > If any of you have information regarding this, I would really appreciate it. > Lauren. > > Sent from my iPhone > _______________________________________________ > BlindLaw mailing list > BlindLaw at nfbnet.org > http://nfbnet.org/mailman/listinfo/blindlaw_nfbnet.org > To unsubscribe, change your list options or get your account info for > BlindLaw: > http://nfbnet.org/mailman/options/blindlaw_nfbnet.org/sanho817%40gmail.com > -- He/Him From jtfetter at yahoo.com Mon Oct 31 03:45:53 2022 From: jtfetter at yahoo.com (James Fetter) Date: Sun, 30 Oct 2022 23:45:53 -0400 Subject: [blindLaw] Accommodations for bar exam In-Reply-To: <76013167-E6F9-4CCE-835B-9B247D65937D@icloud.com> References: <76013167-E6F9-4CCE-835B-9B247D65937D@icloud.com> Message-ID: Lauren, I would suggest doing the following ASAP: 1. Gather all, and I do mean all, proof of accommodations you received on prior standardized tests, in college and law school, and whatever else they ask for. 2. Find someone you trust to help fill out inaccessible forms. Is this remotely fair or ADA compliant? No. Do boards of law examiners care? Also no. 3. Include in your application a letter detailing your requested accommodations and justifying each with reference to accommodations you received in the past. 4. Read, very carefully, any correspondence from your state board. And push back hard, if they don’t give you what you need to do your best. You absolutely should get an accessible electronic exam/Jaws and the ability to write essays on your computer, but your MBE answers will likely be recorded by a scribe. This is pretty standard. Good luck! I went through the accommodations process in two different states. I still have PTSD from the Kafkaesque process in one of these states. Sent from my iPhone > On Oct 30, 2022, at 8:53 PM, Lauren Bishop via BlindLaw wrote: > > Good evening All, > Have any of you had success with advocating for an accessible electronic version of your bar exam, and the ability to use jaws? I was looking at the Florida accommodations petition, and I noticed that the only formats that they listed or braille, large, print, or audio CD. The petition doesn’t say anything about the use of a screen reader, and, although I am proficient in braille, I need to be able to type my essays because I’ve never worked with a scribe before. Also, I use jaws more than I use braille, and in past standardized, test administrations, I have use the screen reader to take the test. I’m also noticing that none of the petition documents are fillable I a person using a screen reader. > If any of you have information regarding this, I would really appreciate it. > Lauren. > > Sent from my iPhone > _______________________________________________ > BlindLaw mailing list > BlindLaw at nfbnet.org > http://nfbnet.org/mailman/listinfo/blindlaw_nfbnet.org > To unsubscribe, change your list options or get your account info for BlindLaw: > http://nfbnet.org/mailman/options/blindlaw_nfbnet.org/jtfetter%40yahoo.com From NSingh at cov.com Mon Oct 31 13:32:13 2022 From: NSingh at cov.com (Singh, Nandini) Date: Mon, 31 Oct 2022 13:32:13 +0000 Subject: [blindLaw] Accommodations for bar exam In-Reply-To: References: <76013167-E6F9-4CCE-835B-9B247D65937D@icloud.com> Message-ID: <338fe501a9d4488eab5b51b7e21e2abb@cov.com> Lauren, I second James' documentation recommendations. Demonstrating a history of using what is for you a standard set of accommodations usually goes a long way (excluding the LSAC) in convincing the powers that be to approve accommodation requests. At this point, I am not quite remembering my process when I was working on getting accommodations for NY. I imagine some forms were involved, with a place to submit extra documentation. I also remained in close email contact with whoever was the testing accommodations coordinator. That individual was fantastic and really helped things go smoothly: my accommodations were approved, and aside for a completely random family emergency the day before, the exam days went well. I had an electronic exam, probably Word or HTML. I could use JAWS on my own laptop. I also used a Braille note taker to write out essays that I uploaded to a Word document via a card reader and memory card. I believe that the oddest item was having to announce my answers to my proctor/scribe, but it was not a big deal, as I had to do this for the MPRE. The proctor, as Sanho similarly described, got up from her chair from time to time to check that I was not doing anything untoward. Most of the time, she read a novel or worked on a crossword to pass the many hours in the exam room. Regards, Nikki -----Original Message----- From: BlindLaw On Behalf Of James Fetter via BlindLaw Sent: Sunday, October 30, 2022 11:46 PM To: Blind Law Mailing List Cc: James Fetter Subject: Re: [blindLaw] Accommodations for bar exam [EXTERNAL] Lauren, I would suggest doing the following ASAP: 1. Gather all, and I do mean all, proof of accommodations you received on prior standardized tests, in college and law school, and whatever else they ask for. 2. Find someone you trust to help fill out inaccessible forms. Is this remotely fair or ADA compliant? No. Do boards of law examiners care? Also no. 3. Include in your application a letter detailing your requested accommodations and justifying each with reference to accommodations you received in the past. 4. Read, very carefully, any correspondence from your state board. And push back hard, if they don’t give you what you need to do your best. You absolutely should get an accessible electronic exam/Jaws and the ability to write essays on your computer, but your MBE answers will likely be recorded by a scribe. This is pretty standard. Good luck! I went through the accommodations process in two different states. I still have PTSD from the Kafkaesque process in one of these states. Sent from my iPhone > On Oct 30, 2022, at 8:53 PM, Lauren Bishop via BlindLaw wrote: > > Good evening All, > Have any of you had success with advocating for an accessible electronic version of your bar exam, and the ability to use jaws? I was looking at the Florida accommodations petition, and I noticed that the only formats that they listed or braille, large, print, or audio CD. The petition doesn’t say anything about the use of a screen reader, and, although I am proficient in braille, I need to be able to type my essays because I’ve never worked with a scribe before. Also, I use jaws more than I use braille, and in past standardized, test administrations, I have use the screen reader to take the test. I’m also noticing that none of the petition documents are fillable I a person using a screen reader. > If any of you have information regarding this, I would really appreciate it. > Lauren. > > Sent from my iPhone > _______________________________________________ > BlindLaw mailing list > BlindLaw at nfbnet.org > http://nfbnet.org/mailman/listinfo/blindlaw_nfbnet.org > To unsubscribe, change your list options or get your account info for BlindLaw: > http://nfbnet.org/mailman/options/blindlaw_nfbnet.org/jtfetter%40yahoo.com _______________________________________________ BlindLaw mailing list BlindLaw at nfbnet.org http://nfbnet.org/mailman/listinfo/blindlaw_nfbnet.org To unsubscribe, change your list options or get your account info for BlindLaw: http://nfbnet.org/mailman/options/blindlaw_nfbnet.org/nsingh%40cov.com From Noel.Nightingale at ed.gov Mon Oct 31 14:03:12 2022 From: Noel.Nightingale at ed.gov (Nightingale, Noel) Date: Mon, 31 Oct 2022 14:03:12 +0000 Subject: [blindLaw] Equal Employment Opportunity (EEO) Investigators-- King County Washington In-Reply-To: <04c301d8ecba$4e9d6640$ebd832c0$@comcast.net> References: <16931079.257@subscriptions.kingcounty.gov> <04c301d8ecba$4e9d6640$ebd832c0$@comcast.net> Message-ID: From: King County, WA > Sent: Monday, October 24, 2022 2:46 PM Subject: Equal Employment Opportunity (EEO) Investigators Equal Employment Opportunity (EEO) Investigators 10/24/2022 02:13 PM PDT [https://secure.neogov.com/images/AgencyImages/jobposting/1255/jobpostings/image/Banner1.png] The Department of Human Resources (DHR) seeks two experienced, results-oriented, self-starters to serve as Equal Employment Opportunity (EEO) Investigators (Project/Program Manager IV). The EEO Investigators are part of the Workforce Equity Team and report to the Investigations Manager. They will help promote compliance with King County policies and accountability for diversity, equity, inclusion, and belonging by processing complaints and performing workplace investigations into allegations of discrimination, harassment, inappropriate conduct, retaliation, and other workplace issues. This work will be completed in a thorough, efficient, and professional manner in partnership with human resource professionals; Equity, Inclusion, and Belonging Managers; managers; and supervisors. DHR supports King County in the creation of a highly engaged and culturally responsive workforce where every employee is treated fairly and with respect, has equitable access to development and advancement opportunities, can be safe and healthy at work, and receives a fair and competitive compensation package. Who May Apply This recruitment is open to King County employees and the public, and will be used to fill two career service Equal Employment Opportunity (EEO) Investigators (Project/Program Manager IV). Commitment to Racial Equity & Social Justice As the only county in the United States named after Dr. Martin Luther King, Jr., one of the most influential civil rights leaders in our nation’s history, King County is a vibrant international community with residents that represent countries from around the world. It is a diverse region that cherishes the artistic and social traditions of many cultures. Applying racial equity and social justice principles is a daily responsibility and a foundational expectation for all King County employees. The EEO Investigators will apply racial equity and social justice principles that exemplify shared values, behaviors, and practices in all aspects of the work. To learn more, please visit: http://www.kingcounty.gov/elected/executive/equity-social-justice.aspx Other Position Information These positions are exempt from the provisions of the Fair Labor Standards Act and are not eligible for overtime. Employees are paid on a bi-weekly schedule, every other Thursday, comprising a 40-hour workweek, normally 8:00 a.m.-5:00 p.m., Monday through Friday. These positions are not represented by a union and are classified as Project/Program Managers IV; class code: 2441400. [https://www.kingcounty.gov/~/media/about/logo/homelogo.ashx?la=en] [Facebook] [Twitter] Unsubscribe | Preferences | Contact Us Privacy Policy | Help Having trouble viewing this email? View it as a Web page. . [https://s-install.avcdn.net/ipm/preview/icons/icon-envelope-tick-round-orange-animated-no-repeat-v1.gif] Virus-free.www.avast.com From sanho817 at gmail.com Mon Oct 31 14:08:46 2022 From: sanho817 at gmail.com (Sanho Steele-Louchart) Date: Mon, 31 Oct 2022 09:08:46 -0500 Subject: [blindLaw] Accommodations for bar exam In-Reply-To: <338fe501a9d4488eab5b51b7e21e2abb@cov.com> References: <76013167-E6F9-4CCE-835B-9B247D65937D@icloud.com> <338fe501a9d4488eab5b51b7e21e2abb@cov.com> Message-ID: Ugh. Disappointing, but not surprising, to hear that James had the polar opposite experience than I did. I wonder if the board of bar examiners pulled my accommodation documentation directly from my school. I suspect I signed a release of information somewhere along the way. In response to Nikki's scantron issue, I just typed my answers in a Word document that was saved onto a USB and filled out for me after the exam was finished. The essay answers were saved and submitted just as though they'd been hand-written. Warmth, Sanho On 10/31/22, Singh, Nandini via BlindLaw wrote: > Lauren, > > I second James' documentation recommendations. Demonstrating a history of > using what is for you a standard set of accommodations usually goes a long > way (excluding the LSAC) in convincing the powers that be to approve > accommodation requests. At this point, I am not quite remembering my process > when I was working on getting accommodations for NY. I imagine some forms > were involved, with a place to submit extra documentation. I also remained > in close email contact with whoever was the testing accommodations > coordinator. That individual was fantastic and really helped things go > smoothly: my accommodations were approved, and aside for a completely random > family emergency the day before, the exam days went well. I had an > electronic exam, probably Word or HTML. I could use JAWS on my own laptop. I > also used a Braille note taker to write out essays that I uploaded to a Word > document via a card reader and memory card. I believe that the oddest item > was having to announce my answers to my proctor/scribe, but it was not a big > deal, as I had to do this for the MPRE. The proctor, as Sanho similarly > described, got up from her chair from time to time to check that I was not > doing anything untoward. Most of the time, she read a novel or worked on a > crossword to pass the many hours in the exam room. > > Regards, > Nikki > > -----Original Message----- > From: BlindLaw On Behalf Of James Fetter via > BlindLaw > Sent: Sunday, October 30, 2022 11:46 PM > To: Blind Law Mailing List > Cc: James Fetter > Subject: Re: [blindLaw] Accommodations for bar exam > > [EXTERNAL] > > Lauren, > I would suggest doing the following ASAP: > 1. Gather all, and I do mean all, proof of accommodations you received on > prior standardized tests, in college and law school, and whatever else they > ask for. > 2. Find someone you trust to help fill out inaccessible forms. Is this > remotely fair or ADA compliant? No. Do boards of law examiners care? Also > no. > 3. Include in your application a letter detailing your requested > accommodations and justifying each with reference to accommodations you > received in the past. > 4. Read, very carefully, any correspondence from your state board. And push > back hard, if they don’t give you what you need to do your best. You > absolutely should get an accessible electronic exam/Jaws and the ability to > write essays on your computer, but your MBE answers will likely be recorded > by a scribe. This is pretty standard. > Good luck! I went through the accommodations process in two different > states. I still have PTSD from the Kafkaesque process in one of these > states. > > Sent from my iPhone > >> On Oct 30, 2022, at 8:53 PM, Lauren Bishop via BlindLaw >> wrote: >> >> Good evening All, >> Have any of you had success with advocating for an accessible electronic >> version of your bar exam, and the ability to use jaws? I was looking at >> the Florida accommodations petition, and I noticed that the only formats >> that they listed or braille, large, print, or audio CD. The petition >> doesn’t say anything about the use of a screen reader, and, although I am >> proficient in braille, I need to be able to type my essays because I’ve >> never worked with a scribe before. Also, I use jaws more than I use >> braille, and in past standardized, test administrations, I have use the >> screen reader to take the test. I’m also noticing that none of the >> petition documents are fillable I a person using a screen reader. >> If any of you have information regarding this, I would really appreciate >> it. >> Lauren. >> >> Sent from my iPhone >> _______________________________________________ >> BlindLaw mailing list >> BlindLaw at nfbnet.org >> http://nfbnet.org/mailman/listinfo/blindlaw_nfbnet.org >> To unsubscribe, change your list options or get your account info for >> BlindLaw: >> http://nfbnet.org/mailman/options/blindlaw_nfbnet.org/jtfetter%40yahoo.com > > > _______________________________________________ > BlindLaw mailing list > BlindLaw at nfbnet.org > http://nfbnet.org/mailman/listinfo/blindlaw_nfbnet.org > To unsubscribe, change your list options or get your account info for > BlindLaw: > http://nfbnet.org/mailman/options/blindlaw_nfbnet.org/nsingh%40cov.com > _______________________________________________ > BlindLaw mailing list > BlindLaw at nfbnet.org > http://nfbnet.org/mailman/listinfo/blindlaw_nfbnet.org > To unsubscribe, change your list options or get your account info for > BlindLaw: > http://nfbnet.org/mailman/options/blindlaw_nfbnet.org/sanho817%40gmail.com > -- He/Him From seifs at umich.edu Mon Oct 31 15:46:31 2022 From: seifs at umich.edu (Seif-Eldeen Saqallah) Date: Mon, 31 Oct 2022 11:46:31 -0400 Subject: [blindLaw] Accommodations for bar exam In-Reply-To: References: <76013167-E6F9-4CCE-835B-9B247D65937D@icloud.com> <338fe501a9d4488eab5b51b7e21e2abb@cov.com> Message-ID: Hello, Lauren and all. I remember this stressful process too. Some jurisdictions are better than others. NY updated their forms (I also told them which parts were not accessible) to allow for pdf formfields and digital signatures. I think they removed the notarization requirement and other things? I submitted all that I could, including pre-colledge (school) IEPs/accommodations, accommodations from law school, medical documentation, etc. Some requested extended time, an electronic test, JAWS, a laptop/braillenote, a way to print/transfer data, spellcheck, etc. For me, I had to read my multiple-choice answers alowd and then had them confirmed back to me so they could be scantron-entered. Attached is a sample accommodations letter (I had to reformat so I could redact). Let me know if I can help with anything. Sincerely, Seif -- Seif Saqallah (Mr.) University of Michigan Juris Doctor/ Masters in Middle Eastern and North African Studies J.D/M.A Graduate | 2020 International Studies, Arabic Studies, and Judaic Studies; Law, Justice, and Social Change B.A | 2017 248-325-7091 | seifs at umich.edu The information in this transmittal, including any attachments, is confidential and may contain privileged information protected from disclosure by law. If you are not the intended recipient, please notify the sender immediately by reply email, delete this communication, and destroy all copies of the transmittal, including any attachments. Receipt of this message is not intended to waive any applicable legal privilege. -------------- next part -------------- A non-text attachment was scrubbed... Name: NY Accommodations Sample Letter.docx Type: application/vnd.openxmlformats-officedocument.wordprocessingml.document Size: 24055 bytes Desc: not available URL: From michael.mcglashon at comcast.net Mon Oct 31 15:52:32 2022 From: michael.mcglashon at comcast.net (MIKE MCGLASHON) Date: Mon, 31 Oct 2022 10:52:32 -0500 Subject: [blindLaw] Accommodations for bar exam In-Reply-To: References: <76013167-E6F9-4CCE-835B-9B247D65937D@icloud.com> Message-ID: Dear Ms. Lauren: I would add one more thing to my application; (very important); A "medical diagnosis" from a physician. Make sure he includes his CV, and a very detailed history of your diagnosis. Next, I would have the diagnosing physician specifically request the accommodations that you wish; according to the Bar Examiners, he is in the best position believe it or not to justify your requesting accommodations. Make sure you go over with your medical provider what accommodations you desire. Also, if you really want to get in the ear of the committee for providing inaccessible forms to fill out, I would have a "friend/judge" assist me in filling out these forms. The reason for this is that if a judge comments on how inaccessible the forms are and that the only way you could get them filled out is with assistance, then the Bar Examiners can hardly ignore a judge completely. If a judge brings it to their attention, the examiners are less likely to blatantly ignore it. Please advise as you like. Mike M. Mike mcglashon Email: Michael.mcglashon at comcast.net Ph: 618 783 9331 -----Original Message----- From: BlindLaw On Behalf Of James Fetter via BlindLaw Sent: Sunday, October 30, 2022 10:46 PM To: Blind Law Mailing List Cc: James Fetter Subject: Re: [blindLaw] Accommodations for bar exam Lauren, I would suggest doing the following ASAP: 1. Gather all, and I do mean all, proof of accommodations you received on prior standardized tests, in college and law school, and whatever else they ask for. 2. Find someone you trust to help fill out inaccessible forms. Is this remotely fair or ADA compliant? No. Do boards of law examiners care? Also no. 3. Include in your application a letter detailing your requested accommodations and justifying each with reference to accommodations you received in the past. 4. Read, very carefully, any correspondence from your state board. And push back hard, if they don’t give you what you need to do your best. You absolutely should get an accessible electronic exam/Jaws and the ability to write essays on your computer, but your MBE answers will likely be recorded by a scribe. This is pretty standard. Good luck! I went through the accommodations process in two different states. I still have PTSD from the Kafkaesque process in one of these states. Sent from my iPhone > On Oct 30, 2022, at 8:53 PM, Lauren Bishop via BlindLaw wrote: > > Good evening All, > Have any of you had success with advocating for an accessible electronic version of your bar exam, and the ability to use jaws? I was looking at the Florida accommodations petition, and I noticed that the only formats that they listed or braille, large, print, or audio CD. The petition doesn’t say anything about the use of a screen reader, and, although I am proficient in braille, I need to be able to type my essays because I’ve never worked with a scribe before. Also, I use jaws more than I use braille, and in past standardized, test administrations, I have use the screen reader to take the test. I’m also noticing that none of the petition documents are fillable I a person using a screen reader. > If any of you have information regarding this, I would really appreciate it. > Lauren. > > Sent from my iPhone > _______________________________________________ > BlindLaw mailing list > BlindLaw at nfbnet.org > http://nfbnet.org/mailman/listinfo/blindlaw_nfbnet.org > To unsubscribe, change your list options or get your account info for BlindLaw: > http://nfbnet.org/mailman/options/blindlaw_nfbnet.org/jtfetter%40yahoo.com _______________________________________________ BlindLaw mailing list BlindLaw at nfbnet.org http://nfbnet.org/mailman/listinfo/blindlaw_nfbnet.org To unsubscribe, change your list options or get your account info for BlindLaw: http://nfbnet.org/mailman/options/blindlaw_nfbnet.org/michael.mcglashon%40comcast.net From laurenbishop96 at icloud.com Mon Oct 31 16:00:22 2022 From: laurenbishop96 at icloud.com (Lauren Bishop) Date: Mon, 31 Oct 2022 12:00:22 -0400 Subject: [blindLaw] Accommodations for bar exam In-Reply-To: References: Message-ID: <323E99C6-E355-441B-AC27-68119CCBD200@icloud.com> Hello all, Thank you all so much for this information. I really appreciate it, when do you recommend somebody request for a February 2024 exam? From sanho817 at gmail.com Mon Oct 31 16:31:44 2022 From: sanho817 at gmail.com (Sanho Steele-Louchart) Date: Mon, 31 Oct 2022 11:31:44 -0500 Subject: [blindLaw] Accommodations for bar exam In-Reply-To: <323E99C6-E355-441B-AC27-68119CCBD200@icloud.com> References: <323E99C6-E355-441B-AC27-68119CCBD200@icloud.com> Message-ID: This link says that your filing deadline is the same as everyone else's, and that accommodation requests will be processed once all paperwork has been received. You probably want records to be within a year of the test administration, but as far out as possible to give providers plenty of time to submit. https://www.floridabarexam.org/__85257bfe0055eb2c.nsf/52286ae9ad5d845185257c07005c3fe1/4483d394bda239a685257c0c00779f16 On 10/31/22, Lauren Bishop via BlindLaw wrote: > Hello all, > Thank you all so much for this information. I really appreciate it, when do > you recommend somebody request for a February 2024 exam? > _______________________________________________ > BlindLaw mailing list > BlindLaw at nfbnet.org > http://nfbnet.org/mailman/listinfo/blindlaw_nfbnet.org > To unsubscribe, change your list options or get your account info for > BlindLaw: > http://nfbnet.org/mailman/options/blindlaw_nfbnet.org/sanho817%40gmail.com > -- He/Him