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Samuel R. Bagenstos

Samuel R. Bagenstos

Frank G. Millard Professor of Law
Member of University of Michigan Law School Faculty 2009-


  • "The Personal Responsibility Pandemic." Lindsay F. Wiley, co-author. Democracy (Forthcoming, 2020).
  • "May Hospitals Withold Ventilators from COVID-19 Patients with Pre-Existing Disabilities? Notes on the Law and Ethics of Disability-Based Medical Rationing." Yale L.J. F. 130 (Forthcoming, 2020).
    Full Text: SSRN
  • "The ADA Amendments Act and the Projects of the American Disability Rights Movement" UDC L. Rev. (Forthcoming 2020).
  • "Legitimacy and Agency Implementation of Title IX." Harv J. L. & Gender 42 (Forthcoming, 2020).
    Full Text: SSRN
  • "Health Professions and the Law." In Disability as Diversity: A Guidebook for Inclusion in Medicine, Nursing, and the Health Professions, edited by Leslie Neal-Boylan and Lisa Meeks. Forthcoming, 2020.
  • "Disability and Reproductive Justice." Harv. L. & Pol'y Rev. 14 (Forthcoming, 2020).
  • "Consent, Coercion, and Employment Law." Harv. C.R.-C.L. L. Rev. 55 (Forthcoming, 2020).
    Full Text: SSRN
  • "Toward a Disability Urban Agenda." Fordham Urb. L. J. (Forthcoming).


  • Co-editor. A Nation of Widening Opportunities? The Civil Rights Act at Fifty. E. D. Katz, co-editor. Ann Arbor: Michigan Publishing, 2015.
    MLaw Catalog
    Full Text: MLaw Repository
  • Disability Rights Law: Cases and Materials. 2nd ed. University Casebook Series. St. Paul, Minn.: Foundation Press, 2014.
    MLaw Catalog
  • Disability Rights Law: Cases and Materials. University Casebook Series. New York: Foundation Press, 2010.
    MLaw Catalog
  • Law and the Contradictions of the Disability Rights Movement. New Haven, Conn.: Yale University Press, 2009.
    MLaw Catalog

Book Chapters

  • "Nevada Department of Human Resources v. Hibbs: Universalism and Reproductive Justice." In Reproductive Rights and Justice Stories, edited by Melissa Murray, Kate Shaw, and Reva Siegel, 183-204. Law Stories. St. Paul, Minn.: Foundation Press, 2019.
    MLaw Catalog
    Full Text: SSRN
  • "Educational Equality for Children with Disabilities: The 2016 Term Cases." In American Constitution Society Supreme Court Review 2016-2017, edited by S. D. Schwinn, 17-48. American Constitution Society, 2017.
    Full Text: SSRN | WWW
  • "On Class-Not-Race." In A Nation of Widening Opportunities? The Civil Rights Act at Fifty, edited by S. R. Bagenstos and E. D. Katz. Ann Arbor: Michigan Publishing, 2015.
    Full Text: MLaw Repository | SSRN
  • "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, 227-44. Oxford: Oxford University Press, 2013.
    MLaw Catalog
    Full Text: Oxford (UMich users) | Oxford | SSRN
  • "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, 121-41. Washington, D.C.: Brookings Institution Press, 2009.
    MLaw Catalog
  • "US Airways v. Barnett and the Limits of Disability Accommodation." In Civil Rights Stories, edited by M. E. Gilles and R. L. Goluboff, 323-45. New York: Foundation Press, 2008. (Work published when author not on Michigan Law faculty.)
    Full Text: MLaw Catalog | SSRN

Journal Articles


  • "This is What Democracy Looks Like: Title IX and the Legitimacy of the Administrative State." Review of The Transformation of Title IX: Regulating Gender Equality in Education, by R. Shep Melnick. Mich. L. Rev. 118, no. 6 (2020): 1053-72.
    Full Text: MLaw Repository | SSRN
  • "Racism Didn't Stop at Jim Crow." Review of The Color of Law: A Forgotten History of How Our Government Segregated America, by Richard Rothstein. Democracy 46 (2017).
    Full Text: MLaw Repository | WWW
  • "Who is Responsible for the Stealth Assault on Civil Rights?" Review of No Day in Court: Access to Justice and the Politics of Judicial Retrenchment, by S. Staszak. Mich. L. Rev. 114, no. 6 (2016): 893-911.
    Full Text: MLaw Repository | HEIN (UMich users) | HEIN | Lexis | Westlaw
  • "Social Change Litigation as Just Another Political Tool." Review of How Policy Shapes Politics: Rights, Courts Litigation, and the Struggle Over Injury Compensation, by J. Barnes and T. Burke, co-authors. New Rambler Rev. (2015).
    Full Text: WWW
  • "Bottlenecks and Antidiscrimination Theory." Review of Bottlenecks: A New Theory of Equal Opportunity, by J. Fishkin. Tex. L. Rev. 93, no. 2 (2014): 415-35.
    Full Text: MLaw Repository | HEIN (UMich users) | HEIN | Lexis | Westlaw | WWW

Reprints (Articles and other publications reprinted in full and Law Quadrangle)

  • "Hedonic Damages, Hedonic Adaptation, and Disability." M. Schlanger, co-author. Def. L.J. 58, no. 1 (2009): 91-149. (Originally published under the same title in Vand. L. Rev. 60, no. 3 (2007): 745-97.)
  • "The Structural Turn and the Limits of Antidiscrimination Law." C.R. Litig. & Att'y Fees Ann. Handbook 22 (2006): 7-1-7-56. (Originally published under the same title in Cal. L. Rev. 94, no. 1 (2006): 1-47. Work published when author not on Michigan Law faculty.)

Works in Progress & Working Papers

  • Consent, Coercion, and Employment Law Jurisprudence in the Roberts Court. Work in Progress.
    Full Text: SSRN

Revised 08/13/2020