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Washington University in St. Louis News & Information > Faculty Experts at Washington University in St. Louis >

Associate Dean for Research and Faculty Development and
Expertise: constitutional law, Americans with Disabilities Act, Supreme Court, civil rights
Bio:
Sam Bagenstos is a leading authority in the field of disability law and The Americans with Disabilities Act. His current scholarship compares the antidiscrimination approach to disabilities law with social welfare law, as means of achieving the goals of the disability rights movement, including increased employment and greater social integration. For an illustrative article, see The Americans with Disabilities Act as Risk Regulation, 101 Colum. L. Rev. 1479 (2001).
WUSTL Contact Information:
Education:
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B.A. at University of North Carolina
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J.D. at Harvard University

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Media advisory- Fighting for the right to vote on Feb. 12
 Professor to challenge MO voting ban for all disabled adults under full guardianship before Justice O'Connor and the Eighth Circuit

Feb. 8,
2007 -- Samuel Bagenstos, professor of law at Washington University in St. Louis and antidiscrimination law expert, will argue Missouri Protection and Advocacy Services v. Carnahan before Justice Sandra Day O'Connor and the Eighth Circuit on Feb. 12. This case involves a challenge to the Missouri constitutional and statutory provisions that disenfranchise individuals who are under full guardianship, even if they have the capacity to vote.

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Supreme Court victory for WUSTL law professor
 Georgia inmate represented by Samuel Bagenstos prevails in disability rights case

Jan. 10,
2006 --
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The United States Supreme Court ruled unanimously on January 9 in favor of a Georgia inmate in a disability rights case, United States v. Georgia. Samuel R. Bagenstos, J.D., professor of law, argued the case on behalf of the inmate, Tony Goodman. The ruling paves the wave for Goodman to seek damages against the state of Georgia. According to the ruling, Goodman's "more serious allegations" were that he was "confined for 23-to-24 hours per day in a 12-by-3-foot cell, in which he could not turn his wheelchair around" and that "the lack of accessible facilities rendered him unable to use the toilet and shower without assistance, which was often denied."

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Perfectly Happy
The Boston Globe

May 12,
2009 -- The new science of measuring happiness has transformed self-help. Now scholars suggest it could transform society — from tort law to urban planning to medical care. WUSTL law professors Samuel Bagenstos and Margo Schlanger co-wrote a law review article in 2007 suggesting that the emphasis on lost enjoyment of life in jury awards actually makes it harder for the plaintiff to recover.

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Houston area schools don't expect ruling to have major impact
Houston Chronicle

July 2,
2007 -- School leaders in the Houston area said Thursday they're not expecting a shake-up in how they assign students to campuses after a Supreme Court decision that limits the use of race.
WUSTL law professor Samuel Bagenstos comments on the ruling.

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Former Supreme Court justice to hear cases in St. Louis
Associated Press State & Local Wire
and 2 others

Feb. 14,
2007 -- Friday story on retired U.S. Supreme Court Justice Sandra Day O'Connor who will be part of a three-judge appellate court panel in St. Louis hearing two high-profile cases this week.
One case she'll hear involves a challenge to Missouri election law that opponents say denies voting rights to some who are mentally ill.
WUSTL law professor and anti-discrimination law expert Samuel Bagenstos says a dozen states allow for individual assessments of mentally ill people under guardianship.

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Additional Background: Bagenstos served as an attorney in the Civil Rights Division of the U.S. Department of Justice. He has argued numerous cases in the federal appellate courts and has participated as counsel in a number of significant Supreme Court cases involving disability rights.
Recent Publications:
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Subordination, Stigma, and "Disability," 86 Va. L. Rev. 397 (2000)
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The Americans with Disabilities Act as Risk Regulation, 101 Colum. L. Rev. 1479 (2001)
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The Americans with Disabilities Act as Welfare Reform, 44 Wm. & Mary L. Rev. 921 (2003)
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Antidiscrimination, Accommodation, and the Politics of (Disability) Civil Rights, 89 Va. L. Rev. 825 (2003)
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Justice Ginsburg and the Judicial Role in Expanding "We the People": The Disability Rights Cases, 104 Colum. L. Rev. 49 (2004)
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The Supreme Court, the Americans with Disabilities Act, and Rational Discrimination, 55 Ala. L. Rev. 923 (2004)
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The Future of Disability Law, 114 Yale L.J. (forthcoming 2004)
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Has the Americans with Disabilities Act Reduced Employment for People with Disabilities? , 25 Berkeley J. Emp. & Lab. L. (forthcoming 2004)
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