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9 Oct 2020, 1:45 pm
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 the future. [read post]
7 Oct 2020, 3:30 am
” 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]
6 Oct 2020, 7:17 am
” Subsequently, District Judge Carol Bagley Amon adopted the recommendations and granted Plaintiffs’ motion for sanctions and entered a default judgment against the H&H Defendants. [read post]
6 Oct 2020, 7:17 am
” Subsequently, District Judge Carol Bagley Amon adopted the recommendations and granted Plaintiffs’ motion for sanctions and entered a default judgment against the H&H Defendants. [read post]
6 Oct 2020, 7:17 am
” Subsequently, District Judge Carol Bagley Amon adopted the recommendations and granted Plaintiffs’ motion for sanctions and entered a default judgment against the H&H Defendants. [read post]
4 Oct 2020, 6:30 am
Rick Hills The Michigan supreme court has just held that Governor Whitmer’s emergency order addressing COVID19 risks is not authorized by the 1945 Michigan Emergency Powers of the Governor Act because that statute is unconstitutional under Article III, §2 of the 1963 Michigan Constitution. [read post]
24 Sep 2020, 10:16 pm
The Supreme Court on Thursday declined to postpone the execution of Christopher André Vialva, who was sentenced to death for the 1999 murders and carjacking of Todd and Stacie Bagley, two youth ministers from Iowa who had agreed to give Vialva a ride after stopping to use a pay phone in Texas. [read post]
24 Aug 2020, 1:15 pm
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]
18 Aug 2020, 5:57 am
Maybe you read Professor Bruce Bagley’s book on drug trafficking, money laundering, and organized crime? [read post]
3 Jun 2020, 7:25 am
Bagley now faces the possibility of a long tenure in prison. [read post]
29 May 2020, 9:30 pm
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
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
“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
Professors Gluck and Bagley are prominent defenders of the ACA, having argued in defense of the law's constitutionality and wisdom. [read post]
8 May 2020, 9:30 pm
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]
29 Apr 2020, 9:13 pm
Nick Bagley and I submitted an amicus brief almost two months ago, and when posting about it here at the Volokh Conspiracy I mentioned that I would call attention to any opposing briefs on this question. [read post]
24 Apr 2020, 9:30 pm
” 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]
16 Mar 2020, 12:31 pm
Code §§ 54950 et seq.) and Bagley-Keene Act (Govt. [read post]
16 Mar 2020, 6:30 am
As an administrative law scholar, I naturally turn to procedure as a constraint on government discretion (perhaps with too much faith, as Nick Bagley argues). [read post]
10 Mar 2020, 3:50 am
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]
