National Association for Rights Protection and Advocacy


Sam Bagenstos, J.D.


Samuel Bagenstos is Professor of Law at the University of Michigan School of Law. He specializes in constitutional and civil rights litigation. From 2009-2011, 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.

He is author of numerous law review articles and of Law and the Contradictions of the Disability Rights Movement (Yale University Press, 2009) and Disability Rights Law: Cases and Materials (Foundation Press, 2010).

Today, he frequently consults with civil rights organizations and remains an active appellate and Supreme Court litigator in civil rights and federalism cases. 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 University of Michigan, Bagenstos was on the law faculties at Harvard and Washington University. And prior to joining academia, he clerked for Judge Stephen Reinhardt on the Ninth Circuit and Justice Ruth Bader Ginsburg of the U.S. Supreme Court. He earned his BA with highest honors and highest distinction from the University of North Carolina and his J.D. magna cum laude from Harvard Law School.


Recent Publications


Co-editor. A Nation of Widening Opportunities? The Civil Rights Act at Fifty. E. D. Katz, co-editor. Ann Arbor, MI: University of Michigan Press, Forthcoming, 2014.

 

"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, MI: University of Michigan Press, Forthcoming.
Full Text:
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"Universalism and Civil Rights (with Notes on Voting Rights after Shelby)." Yale L. J. 123 (2014): 2838-76.
Full Text: MLaw Repository | SSRN | WWW
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"The Unrelenting Libertarian Challenge to Public Accommodations Law." Stan. L. Rev. 66, no. 6 (2014): 1-33.
Full Text: MLaw Repository | SSRN |
WWW

 

"Formalism and Employer Liability Under Title VII." U. Chi. Legal F. 2014 (Forthcoming, 2014).
Full Text: MLaw Repository |
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"Viva Conditional Federal Spending!" Harv. J. L. & Pub. Pol'y 37, no. 1 (2014): 93-9. (Adapted from panel remarks given at the 2013 Federalist Society Annual Student Symposium on March 1, 2013, at the University of Texas School of Law in Austin, Texas.)
Full Text: MLaw Repository | HEIN (UMich users) | HEIN | Lexis | Westlaw |
WWW

 

"The Anti-Leveraging Principle and the Spending Clause after NFIB." Geo. L. J. 101, no. 4 (2013): 861-921.
Full Text: MLaw Repository | 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, 227-44. Oxford: Oxford Univ. Press, 2013.
Full Text:
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"Employment Law and Social Equality." Mich L. Rev. 112, no. 2 (2013): 225-73.
Full Text: MLaw Repository | SSRN | Lexis | Westlaw |
WWW

 

Disability Rights Law: Cases and Materials. 2nd ed. University Casebook Series. St. Paul: Foundation Press, 2014.

 

"The Past and Future of Deinstitutionalization Litigation." Cardozo L. Rev. 34, no. 1 (2012): 1-52.
Full Text: MLaw Repository | SSRN | HEIN (Umich users) | HEIN | 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.

 

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