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24 Apr 2020, 9:30 pm by Dan Ernst
”  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]
10 Mar 2020, 3:50 am by Edith Roberts
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]
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]
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]
6 Jan 2020, 6:30 am by Dan 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]
2 Jan 2020, 9:05 pm by Alana Bevan
WHAT WE’RE READING THIS WEEK In an article published in the Michigan Law Review, Professor Nicholas Bagley of the University of Michigan Law School argued that certain procedural constraints within administrative law should be eliminated as counterproductive and unnecessary. [read post]
1 Jan 2020, 7:03 pm
University of Michigan’s Nicholas Bagley does a fine job of shredding the logic of the court’s opinion in an article posted online today by the New England Journal of Medicine. [read post]
21 Oct 2019, 10:20 am by mes286
Harvard Law School –The Petrie-Flom Center— Nicholas Bagley, Professor of Law, University of Michigan Law, presents today as part of the Health Law Workshop Series: The ACA and Executive Power, Ten Years In. [read post]
8 Jul 2019, 8:09 pm by Jonathan H. Adler
—4/1/19 Fifth Circuit Adds New Wrinkle to Texas ACA Case—6/26/19 The ACA Cases Continue, 7/1/19 University of Michigan law professor Nicholas Bagley, with whom I sparred regularly over King v. [read post]
1 Jul 2019, 8:09 am by Jonathan H. Adler
Nicholas Bagley has more background on these cases here. [read post]
23 Jun 2019, 3:28 am by SHG
Michigan Lawprof Nicholas Bagley raises the alarm that, based upon the Supreme Court’s decision in Gundy v. [read post]
21 Jun 2019, 7:14 pm by Howard Bashman
” Law professor Nicholas Bagley will have this essay in the Sunday Review section of this upcoming Sunday’s edition of The New York Times. [read post]
19 Jun 2019, 9:05 pm by Simone Hussussian
In an opinion piece from 2018, Professor Nicholas Bagley of the University of Michigan Law School and Gluck argued that a federal court would have the ability to set aside the challenged actions under the take care clause. [read post]
1 Apr 2019, 7:12 pm by Jonathan H. Adler
While our brief did not go into the standing issues, I have addressed them previously on this blog here and here, and Nicholas Bagley addressed them for The Atlantic. [read post]
1 Apr 2019, 7:12 pm by Jonathan H. Adler
Earlier today, I joined three other academics — Nicholas Bagley, Abbe Gluck, and the VC’s own Ilya Somin — in submitting an amicus brief to the U.S. [read post]
29 Mar 2019, 6:22 am by Howard Bashman
Online at The New York Times, law professor Nicholas Bagley has an essay titled “Why Trump’s New Push to Kill Obamacare Is So Alarming: It’s not just the potential damage to the health care system and the people who depend on it; It’s also the threat, in the administration’s legal logic, to the rule of law. [read post]