Search for: "Nicholas Bagley"
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23 Dec 2022, 1:16 pm
” Nicholas Bagley said O’Connor’s ruling was “about as naked a piece of judicial activism as I have ever seen; I don’t even think it’s close. [read post]
21 Apr 2016, 5:51 am
” Briefly: At The Incidental Economist, Nicholas Bagley offers “a modest proposal” to “fix” the Court’s recent decision in Gobeille v. [read post]
3 Jul 2014, 4:00 am
” At The Incidental Economist, Nicholas Bagley considers the decision and why the ACA “require[s] employers to cover birth control for women in the first place,” and at the Constitutional Law Prof Blog Steven Schwinn and Ruthann Robson discuss a possible response by Congress to the decision. [read post]
17 Feb 2015, 6:47 am
” Nicholas Bagley weighs in on the standing issue at The Incidental Economist, expressing “serious doubts about the standing of” three of the four challengers. [read post]
24 Feb 2015, 4:13 am
” At The Incidental Economist, Nicholas Bagley agrees that “Jost and Engstrand are on exactly the right track: they’re building a statutory case, premised on the text of the ACA as a whole, in favor of the government’s interpretation. [read post]
10 Nov 2014, 5:09 am
Lyle Denniston covered the grant for this blog; contributors to our “snap symposium” on the grant included Nicholas Bagley, Abbe Gluck, and Jonathan H. [read post]
31 Jan 2022, 9:03 pm
The work of scholars such as Nicholas Bagley, Daniel Birk, Julian Mortensen, Nicolas Parrillo, and Jed Shugerman, as well as that of their critics, have made me realize that originalist arguments for presidential appointments and removal power and nondelegation positions are not only debatable, but in some cases really shaky. [read post]
20 Jan 2015, 4:07 am
At The Incidental Economist, Nicholas Bagley weighs in on King v. [read post]
21 Jan 2016, 6:18 am
At Balkinization, Marty Lederman and Neil Kinkopf focus on the Take Care Clause issue, while Nicholas Bagley discusses the Administrative Procedure Act issue. [read post]
20 Jun 2016, 3:12 am
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]
16 Feb 2025, 3:49 pm
Nicholas Bagley, University of Michigan Law School Prof. [read post]
1 Feb 2015, 10:35 am
Rather textualism requires the Court to consider the meaning of particular provisions in light of the entire text of the law.A brieffiled by Thomas Merrill, Gillian Metzger, Abbe Gluck, and Nicholas Bagley discusses the different forms of federalism represented in government programs and demonstrates that a prohibition on premium tax credits for federal exchanges is inconsistent with the kind of cooperative federalism program represented by the ACA marketplaces. [read post]
23 Jun 2015, 7:31 am
At The Incidental Economist, Nicholas Bagley discusses the possibility that the Court “tipped its hand” in King v. [read post]
18 Jun 2022, 10:19 pm
Indeed, As Professor Nicholas Bagley noted, at oral argument, Justices Samuel Alito and Neil Gorsuch asked whether it was time to overrule the doctrine. [read post]
15 Apr 2010, 8:04 pm
Patrick Byrne can't hold his liquor In a similar move, CEO Patrick Byrne from Overstock.com (NASDAQ: OSTK) sent his paid cyberstalker Judd Bagley to interfere with my divorce proceeding. [read post]
30 Jun 2015, 4:00 am
In a post at The Incidental Economist, Nicholas Bagley weighs in on yesterday’s grant in Gobeille v. [read post]
7 Jun 2022, 4:27 pm
Klein cites a recent law review article by Nicholas Bagley at University of Michigan that one key problem is that we focus too much on process in deciding whether and how to build things, and this focus on process undermines our ability to do major projects. [read post]
6 Mar 2015, 7:18 am
” Nicholas Bagley also focuses on federalism at The Incidental Economist, arguing that “established interpretive principles would allow the Court to protect federalism values without wading into uncertain and contested constitutional terrain. [read post]
26 Jul 2023, 9:03 pm
I’d like to thank the members of the SEC staff who worked on these final rules, including: Mellissa Duru, Elizabeth Murphy, Luna Bloom, Nabeel Cheema, Ian Greber-Raines, Valian Afshar, Katherine Bagley, Irene Paik, Adam Turk, Rolaine Bancroft, Arthur Sandel, Michael Coco, Thomas Kluck, Chris Windsor, Robert Errett, Pearl Crawley, Terrance Brown, Erick Negron, and Nicholas Walters in the Division of Corporation Finance; Erin Smith, Vlad Ivanov, Albert Sheen, Connor Hurley,… [read post]
24 Jan 2016, 9:30 pm
In a presentation at the University of Pennsylvania Law Review’s recent symposium, Professor Nicholas Bagley of the University of Michigan Law School examined this question by focusing on the Obama Administration’s implementation of the Affordable Care Act. [read post]
