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11 Feb 2017, 1:09 pm by Kim Krawiec
Administrative Law New Scholarship Roundtable Host Committee Nicholas Bagley, University of MichiganMichael Sant’Ambrogio, Michigan State UniversityMiriam Seifter, University of WisconsinPeter Shane, The Ohio State UniversityGlen Staszewski, Michigan State UniversityChristopher Walker, The Ohio State University [read post]
27 Jan 2017, 6:00 am by Guest Blogger
(I note here but cannot discuss Nick Bagley's superb demonstration that in U.S. administrative law anyway, the presumption in favor of judicial review is much less robust than conventional wisdom among administrative lawyers would have it; that argument fits seamlessly with my own claims about how administrative law has developed on the merits).Constitutional Theory            Let me turn now from these threshold issues to some… [read post]
17 Jan 2017, 3:30 am by Kathryn Watts
Nicholas Bagley, Remedial Restraint in Administrative Law, Columbia Law Review (forthcoming 2017), available via SSRN. [read post]
3 Dec 2016, 1:01 pm by Dean Freeman
Additional Resources: Passengers blame Disney Cruise Line for injuries, Nov. 11, 2016, By Jenie Mallari-Torres More Blog Entries: Bagley v. [read post]
20 Oct 2016, 6:26 am by Dennis Crouch
In TC Heartland, the accused infringer has asked the Supreme Court to reset the law of venue and give effect to the statutory statement that infringement actions be brought either (1) “in the judicial district where the defendant resides” or (2)” where the defendant has committed acts of infringement and has a regular and established place of business. [read post]
26 Aug 2016, 7:47 pm
Like so many plaintiffs before him, he went to court with the promises of untold riches whispered in his ear by his attorneys.His day in court.Justice, that elusive concept, would finally materialize.But Judge Bagley saw it different on Friday, ruling that Judge Bloch's lawsuit to toss his opponent off the ballot like some cheap suit a Hialeah courtroom hack dons  didn't have a leg or ballot box to stand on.Bloch had brought suit against one Marcia Del Rey, she of the failed… [read post]
1 Jul 2016, 9:56 am by Jonathan H. Adler
Nonetheless, I agree with Nicholas Bagley that the court was correct to conclude that West Virginia lacks standing to challenge the action. [read post]
20 Jun 2016, 3:12 am by Amy Howe
Escobar, in which the Court ruled on the circumstances in which the implied false certification theory can be a basis for liability under the False Claims Act, comes from Joan Krause, who at Hamilton and Griffin on Rights suggests that, although “both parties quickly claimed victory, in reality the decision is likely to satisfy no one and to raise as many questions as it answers”; Richard Samp, who at the Washington Legal Foundation’s Legal Pulse concludes that, although the… [read post]
6 Jun 2016, 4:24 pm by Eugene Volokh
During 500-year rain, debris builds up under railroad bridge, blocking drainage, which causes flooding in Bagley, Wisc. [read post]
30 May 2016, 8:00 am by Jeff Gittins
Dansie agreed to allow Bagley's water system to be connected to his well for a period of 10 years. [read post]
21 Apr 2016, 5:51 am by Amy Howe
” Briefly: At The Incidental Economist, Nicholas Bagley offers “a modest proposal” to “fix” the Court’s recent decision in Gobeille v. [read post]
29 Mar 2016, 7:38 am by Rory Little
Meanwhile, Montana argued that “speculative” concerns like possible rehabilitation programs and “anxiety” ought not count; and the federal government argued that the familiar “prejudice” standard from Strickland and Bagley ought to apply: a reasonable probability that the outcome would have been different (but only that it “puts the outcome in a different light,” not “that he would have received a different sentence”). [read post]
11 Feb 2016, 12:17 pm by Dave Maass
The chair claimed that it was more convenient for both committees to meet back-to-back on the same day, while the lawyer advising the committee said on record that no Bagley-Keene violation had occurred. [read post]
27 Jan 2016, 7:33 am by Jonathan H. Adler
”) Where Bagley finds admirable restraint, I suspect calculation. [read post]