Search for: "Nicholas Bagley"
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21 May 2021, 10:30 pm
More.New online from Law and History Review and Cambridge Core: The Conservative Press and the Interwar Origins of First Amendment Lochnerism, by Sam Lebovic; and The Enigma of a Taiping Fugitive: The Illusion of Justice and the Political Offence Exception” in Extradition from Hong Kong, by Jenny Huangfu Day.Nicholas Bagley, Philip Hamburger, Jennifer Mascott, Nicholas Parrillo, and Judge Neomi Rao discuss originalism and the nondelegation doctrine on the Federalist… [read post]
19 Apr 2021, 3:03 pm
Already posted are Jeff Pojanowski's introduction, and contributions from Ronald Levin, Kevin Stack, Mila Sohoni, Nicholas Bagley, Emily Bremer and Jennifer Mascott. [read post]
26 Mar 2021, 9:30 pm
Julian Davis Mortenson and Nicholas Bagley discuss “Delegation at the Founding” with Mark Joseph Stern (Slate). [read post]
19 Mar 2021, 12:57 pm
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]
13 Nov 2020, 3:22 pm
The Fallout of a SCOTUS Health-Care Decision Could Be Quick, Devastating, and Irreversible By Nicholas Bagley, Professor of Law, University of Michigan Law School Nicholas Bagley provides an overview of California v. [read post]
10 Nov 2020, 6:35 am
Texas (Jonathan Adler, The Volokh Conspiracy) The Fallout of a SCOTUS Health-Care Decision Could Be Quick, Devastating, and Irreversible (Nicholas Bagley, The Atlantic) ObamaCare Returns to the Supremes (Editorial Board, The Wall Street Journal) The Affordable Care Act Challenge and the Senate Runoff Elections in Georgia (Michael Dorf, Verdict) Invalidate entire Affordable Care Act (Devin Watkins, USA Today) Obamacare faces Supreme Court remade by Trump (Susannah Luthi, Politico)… [read post]
10 Nov 2020, 6:03 am
” Online at The Atlantic, law professor Nicholas Bagley has an essay titled “The Fallout of a SCOTUS Health-Care Decision Could Be Quick, Devastating, and Irreversible; Millions of Americans could lose their insurance — and neither Joe Biden nor the states will be in a good position to do much about it. [read post]
9 Nov 2020, 7:20 pm
Along with Abbe Gluck, Nicholas Bagley and Ilya Somin, I submitted a "strange bedfellows" amicus brief arguing that the mandate is severable from the rest of the Act under existing standing doctrine and plausible alternatives. [read post]
30 Oct 2020, 11:41 am
Republicans Don’t Know What to Do with Their Bad-Faith ACA Case By Nicholas Bagley, Professor of Law, University of Michigan Law School Nicholas Bagley compares the vigorous support the first Supreme Court case against the Affordable Care Act garnered from the conservative establishment and Republican party against the far weaker backing for the current case, California v. [read post]
24 Oct 2020, 7:45 am
“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
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
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
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
” 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
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
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
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
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]
