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Having just shared with a coauthor the latest draft of our piece, I'm declaring my work done for this (fill in your preferred adjective) year. So I thought I'd do one of those this-year's-work-in-review threads that I've seen so many share on this website.
I published a lot of pieces this year. My favorite was Consent, Coercion, and Employment Law, in the @HarvardCRCL -- https://harvardcrcl.org/wp-content/uploads/sites/10/2020/10/Bagenstos.pdf. It's about how we can better understand SCOTUS's current employment jurisprudence if we return to the old Legal Realists.
I'd like to thank @EconomicPolicy for commissioning me to write a more policy-oriented version of the same argument, Lochner Lives On, for their Unequal Power project. Read that piece here: https://www.epi.org/unequalpower/publications/lochner-undermines-constitution-law-workplace-protections/
With the COVID pandemic leading to a threat of rationing life-saving medical care -- and many states having policies on the books that would deny disabled people that care -- I quickly wrote this piece, which I was happy @YaleLJournal quickly published: https://www.yalelawjournal.org/forum/who-gets-the-ventilator
I also spoke at a couple of conferences in honor of the 20th Anniv. of the Supreme Court's Olmstead decision, the Brown v. Board of disability rights jurisprudence. This piece, Taking Choice Seriously in Olmstead Jurisprudence, was the keynote at one: https://www.dropbox.com/s/kpderzgy6qfxjn4/Taking%20Choice%20Seriously%20--%20Final%20as%20Published.pdf?dl=0
And here, in @PovertyLaw_Jrnl , you can read a transcript of a discussion I moderated with the lawyers who litigated the Olmstead case in the Supreme Court: https://www.law.georgetown.edu/poverty-journal/in-print/volume-27-issue-ii-winter-2020/panel-olmstead-v-l-c-the-supreme-court-case/
I also published a couple of pieces about Title IX: one in @michlawreview ( http://michiganlawreview.org/wp-content/uploads/2020/05/118MichLRev1053_Bagenstos.pdf) and one in @harvardjlg ( https://harvardjlg.com/wp-content/uploads/sites/19/2020/09/HLG203_crop.pdf).
And I published a couple of pieces occasioned by the 30th Anniversary of the ADA, including this one published by the @SMULawReview : https://scholar.smu.edu/cgi/viewcontent.cgi?article=1010&context=smulrforum and
Oh, last scholarly piece -- this one on Disability and Reproductive Justice published by @hlpronline : https://harvardlpr.com/wp-content/uploads/sites/20/2020/11/Bagenstos.pdf
Also in the world of disability law, I published the (updated and expanded!) Third Edition of my casebook, Disability Rights Law: Cases and Materials, with Foundation Press.
And I published a chapter in this book for health systems and health-professions schools to try to get them to be more inclusive of people with disabilities: https://www.springer.com/gp/book/9783030461867
And one more scholarly piece -- this one in Mayo Clinic Proceedings (see mom, I may not have become a doctor, but I publish in medical journals!), on Disorders of Consciousness and Disability Law (w/ great coauthors Joe Fins & Megan Wright): https://www.mayoclinicproceedings.org/article/S0025-6196(20)30156-7/fulltext
Also in a medical-adjacent journal, the amazing @haroldpollack asked me to work with him on this piece in @JAMAHealthForum on the Hidden Disability Consensus in the 2020 [Democratic] Campaign -- https://jamanetwork.com/channels/health-forum/fullarticle/2760999
It was also a big year of public-intellectual writing for me. @Dahlialithwick was kind enough to ask me to work with her on this piece @Slate arguing that Trump was using COVID as the occasion for a shock doctrine serving a right-wing agenda: https://slate.com/news-and-politics/2020/03/trump-coronavirus-response-authoritarian.html
And @sjdemas was kind enough to invite me to write on COVID @MichiganAdvance, where I talked about the erosion of solidarity and the rise of Reagan-Thatcher individualism, and how the pandemic laid bare the consequences: https://www.michiganadvance.com/2020/04/01/samuel-r-bagenstos-from-jobs-to-health-care-covid-19-reveals-the-moral-bankruptcy-of-conservative-politics/
With Neil Romano (Trump's appointee to the @NatCounDis !), I published this in the @washingtonpost arguing against denying life-saving treatment to COVID patients based on pre-existing disabilities. https://www.washingtonpost.com/outlook/2020/04/06/coronavirus-ventilators-disabled-people/ . .
(Thanks to @EricMGarcia for publishing that one!)
With the terrific @ProfLWiley, I wrote this piece on how employment law rules undermine public health in the pandemic. Thanks to @mtomasky for publishing it in @DemJournal . https://democracyjournal.org/magazine/how-the-law-harms-public-health/
(Look for Lindsay's and my longer, footnoted, law-review iteration of the argument coming out soon!)
With Joe Fins again, I published this ADA-in-the-time-of-COVID piece in recognition of the statute's 30th Anniversary: https://theconversation.com/the-americans-with-disabilities-act-at-30-a-cause-for-celebration-during-covid-19-143399
With the lovely and talented @mjschlanger , I published this piece in @slate, criticizing the Trump Administration for using civil rights enforcement in bad faith to attack political opponents for their COVID responses: https://slate.com/news-and-politics/2020/08/doj-covid-nursing-home-inquiry-trump-corruption.html
(Speaking of @mjschlanger, @BRIANDDICKERSON at the @freep did this nice interview with the two of us on the very sad occasion of RBG's death: https://www.freep.com/story/opinion/columnists/brian-dickerson/2020/09/24/ruth-bader-ginsburg-marriage-supreme-court-trump/3496261001/)
And speaking of RBG's death, @sjdemas asked me to offer some thoughts about the Justice for the @MichiganAdvance, which I did here: https://www.michiganadvance.com/2020/10/06/samuel-r-bagenstos-ruth-bader-ginsburg-dedicated-her-life-to-expanding-the-circle-of-we-the-people/
I spent a lot of time before and after Election Day dealing with various shenanigans from the Trump side. Here @_justinlevitt_ and I argued that the Board of State Canvassers had an obligation to certify the election results (which they, thankfully, did): https://www.freep.com/story/opinion/contributors/2020/11/23/michigan-canvassers-who-could-face-felony-charges/6388235002/
I also published this piece in @DissentMag , which reviews a really terrific book but also puts in writing some of my long-developing thoughts on social change litigation: https://www.dissentmagazine.org/article/litigation-for-the-people
And I did some serious litigation this year, including arguing my third Sixth Circuit appeal in the cases arising out of the Flint Water Crisis. Our victory ( https://casetext.com/case/waid-v-earley-in-re-flint-water-cases) was a crucial step leading up to the more-than-$600-million settlement.
And I got to argue in the MI SCt in defense of @GovWhitmer's COVID orders. Thanks to @ChrisGreigMI37 and @MIHouseDems for retaining me (the free price was right!), and to @NathanTriplett for being such a great cocounsel. The 3-and-a-half-hour argument:
Also a bunch of other litigation, but I'm tired and this thread has gone on long enough. Happy New Year, everyone! Here's hoping, as Counting Crows said, this next year will be better than the last.
