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24 Oct 2020, 7:45 am by Howard Bashman
“The ACA Case Reveals the Politics of ‘Constitutionality’; The Court may well invalidate the law, but not without taking a considerable risk”: Law professor Nicholas Bagley has this essay online at The Atlantic. [read post]
16 Oct 2020, 6:30 am by ernst
But the past offers cold comfort for such delegation.A case in point is Delegation at the Founding by Professors Julian Davis Mortenson and Nicholas Bagley. [read post]
16 Oct 2020, 5:27 am by Jonathan H. Adler
These papers include: Julian Davis Mortensen & Nicholas Bagley, "Delegation at the Founding" (forthcoming in the Columbia Law Review). [read post]
9 Oct 2020, 1:45 pm by NCC Staff
A Warning from Michigan By Nicholas Bagley, Professor of Law, University of Michigan Law School Nicholas Bagley writes about how a recent Michigan Supreme Court decision, striking down the Governor’s state of emergency order and related restrictions as a violation of the nondelegation doctrine—the idea that legislatures cannot delegate lawmaking powers to the executive branch—was an ominous warning of what a conservative Supreme Court may do in… [read post]
7 Oct 2020, 3:30 am by Eli Nachmany
” In their recent article Delegation at the Founding, Professors Julian Mortenson and Nicholas Bagley argue that the framers originally understood the Constitution to permit such delegation. [read post]
24 Aug 2020, 1:15 pm by Jonathan H. Adler
Three amicus briefs feature contributions from VC bloggers: An academic amicus brief of Nicholas Bagley, Abbe Gluck, Ilya Somin and yours truly, arguing that the individual mandate is completely severable from the rest of the ACA. [read post]
29 May 2020, 9:30 pm by ernst
  Julian Davis Mortenson and Nicholas Bagley, Michigan Law, on the fopunders and the nondelegation doctrine (The Atlantic). [read post]
29 May 2020, 3:50 pm by NCC Staff
Phillipp Professor of Law, University of Michigan Law School and Nicholas Bagley, Professor of Law, University of Michigan Law School Julian Davis Mortenson and Nicholas Bagley argue that the Founders did not believe in the nondelegation doctrine—the idea that Congress cannot grant wide discretion to executive agencies to implement laws—and that there is no substantial historical support for originalists who promote the theory to claim otherwise. [read post]
26 May 2020, 8:00 pm by Howard Bashman
“There’s No Historical Justification for One of the Most Dangerous Ideas in American Law; The Founders didn’t believe that broad delegations of legislative power violated the Constitution, but conservative originalists keep insisting otherwise”: Law professors Julian Davis Mortenson and Nicholas Bagley have this essay online at The Atlantic. [read post]
14 May 2020, 7:15 pm by Jonathan H. Adler
As when the case was before the district court and Fifth Circuit, I have joined with Professors Nicholas Bagley, Abbe Gluck, and co-blogger Ilya Somin to file an amicus brief explaining why, whatever else courts conclude, the individual mandate is severable from what's left of the ACA. [read post]
8 May 2020, 9:30 pm by Dan Ernst
  We aren't scanning all 556 episodes but can report they include Christopher Tomlins, Nicholas Bagley and Julian Davis Mortenson  Alejandro de la Fuente and Ariela Gross, Thomas McSweeney, Elizabeth Katz, Taja-Nia Henderson and Lutie A. [read post]
24 Apr 2020, 9:30 pm by Dan Ernst
”  The latest episode announces Federal Crowdsourcing Webinar Series: A Match Made in History.Julian Mortenson and Nicholas Bagley’s attack on the originalist case for the nondelegation in American constitutional law has prompted two responses on SSRN by Ilan Wurman and Aaron Gordon. [read post]
10 Mar 2020, 3:50 am by Edith Roberts
At the Yale Journal on Regulation’s Notice & Comment blog, Nicholas Bagley highlights an amicus brief he and Samuel Bray submitted yesterday in Trump v. [read post]
28 Feb 2020, 9:01 pm by Milad Emamian
In a new paper, Julian Davis Mortenson and Nicholas Bagley of the University of Michigan Law School argue that the founders had no objection to Congress delegating the power to make rules, as long as it did not permanently abdicate its legislative responsibilities. [read post]
6 Feb 2020, 9:05 pm by Alana Bevan
Constitution limits Congress’s ability to delegate legislative authority to administrative agencies—cannot be squared with the founders’ original understanding of the Constitution, according to Julian Davis Mortenson and Nicholas Bagley of the University of Michigan Law School. [read post]
5 Feb 2020, 2:10 pm by ernst
Julian Davis Mortenson and Nicholas Bagley, University of Michigan Law School, have posted Delegation at the Founding:This article refutes the claim that the nondelegation doctrine was part of the original constitutional understanding. [read post]
6 Jan 2020, 6:30 am by Dan Ernst
Julian Davis Mortenson and Nicholas Bagley, University of Michigan Law School, have posted Delegation at the Founding:This article refutes the claim that the nondelegation doctrine was part of the original constitutional understanding. [read post]
2 Jan 2020, 9:05 pm by Alana Bevan
WHAT WE’RE READING THIS WEEK In an article published in the Michigan Law Review, Professor Nicholas Bagley of the University of Michigan Law School argued that certain procedural constraints within administrative law should be eliminated as counterproductive and unnecessary. [read post]
1 Jan 2020, 7:03 pm
University of Michigan’s Nicholas Bagley does a fine job of shredding the logic of the court’s opinion in an article posted online today by the New England Journal of Medicine. [read post]