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9 Apr 2023, 5:44 am
There are hints of awareness of the broader level of this problem, but the threads that should be followed are only mentioned and ignored.There is this stop-gap quote from of University of Michigan conlawprof, Julian Davis Mortenson, who makes the point I have been making all along:“Law schools need to have plans and protocols in place for controversies like this, which are going to happen with increasing frequency. [read post]
2 Dec 2022, 9:30 pm by ernst
Clyne Professor of Law at the University of Michigan for a discussion of New Democracy: The Creation of the Modern American State on December 6, 4:30pm - 5:45pm EST.Congratulations to Julian Davis Mortenson and Nicholas Begley for winning the Administrative Law Scholarship Award of the ABA Administrative Law Section for "Delegation at the Founding," 121 Colum. [read post]
22 Sep 2022, 9:29 am by Christopher J. Walker
And this month’s reading list coincidentally has a University of Michigan Law School theme to it, with papers by my colleagues Leah Litman, Dan Deacon, Julian Mortenson, and Nick Bagley, along with a great paper on the major questions doctrine that is forthcoming in the Michigan Law Review. [read post]
29 Jul 2022, 7:16 am by Christine Corcos
Julian Davis Mortenson and Nicholas Bagley, both of the University of Michigan Law School, are publishing Delegation at the Founding: A Response to the Critics in the Columbia Law Review. [read post]
29 Jul 2022, 7:16 am
Julian Davis Mortenson and Nicholas Bagley, both of the University of Michigan Law School, are publishing Delegation at the Founding: A Response to the Critics in the Columbia Law Review. [read post]
1 Jul 2022, 5:30 am by Lawrence Solum
Julian Davis Mortenson (University of Michigan Law School) & Nicholas Bagley (University of Michigan Law School) have posted Delegation at the Founding: A Response to the Critics (Columbia Law Review, Forthcoming) on SSRN. [read post]
14 Feb 2022, 6:30 am by Howard Bashman
“Party Like It’s 1935”: You can access today’s new episode of the “Strict Scrutiny” podcast, in which law professors Kate Shaw, Melissa Murray, and Leah Litman are joined by their guests, law professors Julian Davis Mortenson and Nick Bagley, via this link. [read post]
3 Sep 2021, 9:30 pm by ernst
  H/t: Julian Davis Mortenson and Rachel Sheldon. [read post]
23 Apr 2021, 2:00 am by mes286
  University of Virginia School of Law – Julian Davis Mortenson, James G. [read post]
26 Mar 2021, 9:30 pm by ernst
  Julian Davis Mortenson and Nicholas Bagley discuss “Delegation at the Founding” with Mark Joseph Stern (Slate). [read post]
19 Mar 2021, 12:57 pm by Howard Bashman
The Columbia Law Review has posted online its newly published article by law professors Julian Davis Mortenson and Nicholas Bagley titled “Delegation at the Founding. [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]
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
There’s No Historical Justification for One of the Most Dangerous Ideas in American Law By Julian Davis Mortenson, James G. [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]
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]
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]
25 Feb 2020, 3:30 am by Richard Murphy
Julian Davis Mortenson, Article II Vests Executive Power, Not the Royal Prerogative, 119 Colum. [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]