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31 Mar 2019, 9:24 am by Neil Siegel
But regardless of whether one is persuaded by the Chief Justice's answer--that (as Sam Bagenstos has interpreted his opinion) coercion exists when Congress conditions continued receipt of a huge amount of federal money in an entrenched program on the agreement by states to participate in a separate and independent program--there is again no reason to believe that the Chief Justice was doing anything other than struggling toward his own best understanding of the Constitution. [read post]
19 Jan 2018, 8:05 am by Jonathan H. Adler
" Speakers will include legal academics, such as Martin Redish, Tamara Piety, Samuel Bagenstos, Gus Hurwitz, David Vladeck, and Shep Melnick, in addition to practitioners and policy experts, such as Coleen Klasmeier, Andrew McLaughlin, Mike Godwin, Alan Butler, and Harold Kim, as well as Volokh Conspirators Eugene Volokh and David Bernstein. [read post]
29 Sep 2017, 5:45 am by Corinne Segal
Samuel Bagenstos, a University of Michigan law professor and former Justice Department official, called the switch in a longstanding position “stunning” because it reversed a view held for more than 20 years by Republican and Democratic administrations alike. [read post]
27 Sep 2017, 4:03 am by Edith Roberts
United States, which asks whether a guilty plea waives a defendant’s right to appeal the constitutionality of the law At Take Care, Samuel Bagenstos argues that in Husted v. [read post]
3 Mar 2017, 4:09 am by Edith Roberts
In The Wall Street Journal, Jess Bravin reports that “Justices Clarence Thomas and Samuel Alito agreed with part or all of the result on narrow grounds, but each filed a separate opinion expressing discomfort with voting-rights precedents protecting minority political power. [read post]
27 Dec 2015, 9:25 pm by Sara Bodnar
“When…employers can charge you a couple thousand dollars more for refusing to give private medical information, that doesn’t sound very voluntary to me,” Samuel Bagenstos, a University of Michigan Law School professor, reportedly said. [read post]
25 Nov 2015, 8:15 am by Paul Horwitz
But here is my con law jot on Samuel Bagenstos's excellent article "The Unrelenting Libertarian Challenge to Public Accommodations Law. [read post]
7 Nov 2015, 9:52 am by Andrew M. Ironside
The title of this post comes from this intriguing paper by Professor Samuel Bagenstos, the abstract of which states: At least since the Supreme Court’s 2009 decision in Ricci v. [read post]
28 Aug 2015, 6:58 am by Steve Clowney
Samuel Bagenstos (Michigan) has posted Disparate Impact and the Role of Classification and Motivation in Equal Protection Law after Inclusive Communities (Cornell Law Review) on SSRN. [read post]