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Bagenstos, Samuel

Professor of Law

439 Hutchins Hall
734.647.7584
E-mail sambagen@umich.edu
Prof. Samuel Bagenstos, who serves as professor of law, specializes in civil rights law, public law, and litigation. From 2009-2011, he was a political appointee in the U.S. Department of Justice, where he served as the Principal Deputy Assistant Attorney General for Civil Rights, the number-two official in the Civil Rights Division. His accomplishments included the promulgation of the 2010 Americans with Disabilities Act regulations—the first comprehensive update of those regulations since they were first promulgated in 1991—and the reinvigoration of the Civil Rights Division's enforcement of the Supreme Court's decision in Olmstead v. L.C., which guarantees people with disabilities the right to live and receive services in the most integrated setting appropriate. He led the negotiations of significant Olmstead settlements with the states of Delaware and Georgia, which guarantee appropriate, community-based services to thousands of people with disabilities. He also personally argued major cases in federal district courts and courts of appeals.

As an academic, Prof. Bagenstos has published articles in journals such as the Yale Law Journal, the Columbia Law Review, the California Law Review, the Virginia Law Review, and many others. He also has published two books: Law and the Contradictions of the Disability Rights Movement (2009, Yale University Press); and Disability Rights Law: Cases and Materials (2010, Foundation Press). In his "spare time," Prof. Bagenstos remains an active appellate and Supreme Court litigator in civil rights and federalism cases. In one of the most notable cases he has argued, United States v. Georgia, 546 U.S. 151 (2006), the U.S. Supreme Court upheld, as applied to his client's case, the constitutionality of Title II of the Americans with Disabilities Act. Prof. Bagenstos has also testified before Congress on several occasions, including in support of the Fair Pay Restoration Act, the ADA Amendments Act, the Employment Non-Discrimination Act, and the Convention on the Elimination of All Forms of Discrimination Against Women, as well as on the application of the ADA to advancing technology and the problem of mental illness in prisons.

Prior to joining the Michigan Law faculty, Prof. Bagenstos was a professor of law, and, from 2007 to 2008, also associate dean for research and faculty development at Washington University School of Law. He has been on the faculty of Harvard Law School, and was a visiting professor at UCLA School of Law. He clerked for Judge Stephen Reinhardt on the Ninth Circuit for one year, and then joined the Civil Rights Division of the U.S. Department of Justice. Following that position, he served as law clerk for Justice Ruth Bader Ginsburg of the U.S. Supreme Court. In 1993, Prof. Bagenstos earned his JD, magna cum laude, from Harvard, where he received the Fay Diploma and was articles office co-chair for the Harvard Law Review.

Read Prof. Bagenstos's Disability Law blog.

Recent Publications

More Publications...


"Employment Law and Social Equality." Mich L. Rev. 112, no. 2 (Forthcoming).
Full Text: SSRN | BePress

"The Anti-Leveraging Principle and the Spending Clause after NFIB." Geo. L. J. 101, no. 4 (2013): 861-921.
Full Text: SSRN | WWW

"Federalism by Waiver After the Health Care Case." In The Health Care Case: The Supreme Court's Decision and its Implications, edited by G. Metzger, T. Morrison, and N. Persily. Oxford: Oxford Univ. Press, 2013.
Full Text: SSRN

"The Past and Future of Deinstitutionalization Litigation." Cardozo L. Rev. 34, no. 1 (2012): 1-51.
Full Text: SSRN | HEIN (Umich users) | HEIN | Lexis | Westlaw

Disability Rights Law: Cases and Materials. University Casebook Series. New York: Foundation Press, 2010.

"The Judiciary's Now-Limited Role in Special Education." In From Schoolhouse to Courthouse: The Judiciary's Role in American Education, edited by J. Dunn and M. R. West. [Washington, D.C.]: Brookings Institution Press, 2009.

Law and the Contradictions of the Disability Rights Movement. New Haven, Conn.: Yale University Press, 2009.
Professor

Activities

Testified before the House Committee on the Judiciary on "Mismanagement at the Civil Rights Division of the Department of Justice," April 16, 2013.

Spoke on the U.S. Supreme Court's health-care decision at the Association of American Law Schools Annual Meeting, Jan. 6, 2013.

Presented the paper, "Federalism by Waiver After the Healthcare Cases," during a conference on the Supreme Court's health care decision and its implications at Columbia Law School, Sept. 28, 2012.

Presented "The Anti-Leveraging Principle and the Spending Clause After NFIB" at a faculty workshop at American University Washington College of Law, Sept. 21, 2012.

Presented "Employment Law and Anticommodification" at the annual Labor and Employment Law Colloquium jointly hosted by the Loyola and Northwestern law schools, Chicago, Sept. 14, 2012.

 
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