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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

Perfectly Happy

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.

References:
- May 10,
2009
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Perfectly Happy
in the The Boston Globe
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Houston area schools don't expect ruling to have major impact
 Samuel Bagenstos of the School of Law comments on the recent Supreme Court decision on schools and race.

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.

References:
- June 28,
2007
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Houston area schools don't expect ruling to have major impact
in the Houston Chronicle
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Former Supreme Court justice to hear cases in St. Louis
 School of Law professor Sam Bagenstos comments on the case to be argued before former Supreme Court Justice O'Connor.

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.

References:
- Feb. 9,
2007
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Former Supreme Court justice to hear cases in St. Louis
in the Associated Press State & Local Wire
and 2 others.
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Supreme Court allows disabled Georgia inmate to proceed with suit against state

WUSTL law professor Samuel Bagenstos, comments on a case he argued in front of the Supreme Court. In the case, a paraplegic prison inmate sued the State of Georgia under the Americans with Disabilities Act. The Supreme Court, in its first federalism decision since John Roberts became chief justice, ruled that Congress acted within its constitutional authority when it stripped states of immunity from some suits for damages by disabled prison inmates.

References:
- Jan. 11,
2006
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Supreme Court allows disabled Georgia inmate to proceed with suit against state
in the The New York Times
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Roberts court hears its first case in federalism debate

The case of a disabled Georgia prisoner is one of the most important states' rights case facing the court this year and will further define how the disabilities act is applied throughout the nation.
WUSTL law professor Samuel Bagenstos. who was representing the inmate, comments.

References:
- Nov. 10,
2005
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Roberts Court Hears Its First Case in Federalism Debate
in the New York Times
- Nov. 10,
2005
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Court Hears Paraplegic Inmate's Case
in the Washington Post
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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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