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Bagley, Nicholas

Professor of Law

3238 South Hall

Professor Nicholas Bagley teaches and writes in the areas of administrative law, regulatory theory, and health law. Prior to joining the Law School faculty, he was an attorney with the appellate staff in the Civil Division at the U.S. Department of Justice, where he argued a dozen cases before the U.S. Courts of Appeals and acted as lead counsel in many more. Professor Bagley also served as a law clerk to Justice John Paul Stevens of the U.S. Supreme Court and to the Hon. David S. Tatel of the U.S. Court of Appeals, District of Columbia Circuit. Professor Bagley holds a BA in English from Yale University and received his JD, summa cum laude, from New York University School of Law. Before entering law school, he joined Teach For America and taught eighth-grade English at a public school in South Bronx. Professor Bagley's work has appeared in the Harvard Law Review, the Columbia Law Review, the Georgetown Law Journal, the New England Journal of Medicine, and the Journal of Health Politics, Policy, and Law. His article, "Centralized Oversight of the Regulatory State," which he coauthored with Richard Revesz, was selected as the best article in the field in 2006 by the American Bar Association's Section on Administrative Law and Regulatory Practice. In August 2010, Professor Bagley testified before the U.S. Senate Subcommittee on Administrative Oversight and the Courts about agency capture. In 2012, he was the recipient of the Law School's L. Hart Wright Award for Excellence in Teaching. He is a frequent contributor to The Incidental Economist​, a prominent health policy blog.

Visit Professor Bagley's homepage for more information.


Recent Publications

More Publications...

Co-author. "Innovative contracting for Pharmaceuticals and Medicaid's Best-Price Rule." D. Lakdawalla and R. Sachs, co-authors. J. Health Pol. Pol'y & L. (Forthcoming).
Full Text: SSRN

"Legal Limits and the Implementation of the Affordable Care Act." U. Pa. L. Rev. 164 (Forthcoming).​
Full Text: MLaw Repository | SSRN​​

Co-author. "The Dubious Empirical and Legal Foundations of Wellness Programs." A. McIntyre, A. Frakt, and A. Carroll, co-authors. Health Matrix 27, no. 1 (2017): 59-80.
Full Text: WWW

"Remedial Restraint in Administrative Law." Colum. L. Rev. 117, no. 2 (2017): 253-318.
Full Text: JSTOR (UMich users) | JSTOR | SSRN

"Trouble on the Exchanges -Does the United States Owe Billions to Health Insurers?" New Eng. J. Med. 375, no. 21 (2016): 2017-19.
Full Text: ProQuest (UMich users) | ProQuest

"Federalism and the End of Obamacare." Yale L. J. F. 127, no. 1 (2017): 1-26.
Full Text: SSRN

"A Legal Setback for the Affordable Care Act." New Eng. J. Med. 374 (June 16, 2016): 2307-9.
Full Text: ProQuest (UMich users) | ProQuest | WWW

"Co-author. "Transparency and the Supreme Court—Can Employers Refuse to Disclose How Much They Pay for Health Care?" C.Koller, co-author. New Eng. J. Med. 373 (2015): 1-3.
Full Text: ProQuest | WWW

"Three Words and the Future of the Affordable Care Act." J. Health Pol. Pol'y & L. 40, no. 3 (2015): 589-97.
Full Text: MLaw Repository | WWW

Co-author. "Protection or Harm? Suppressing Substance-Use Data." A. B. Frakt, co-author. New Eng. J. Med. 372, no. 20 (2015): 1879-81.
Full Text: ProQuest (UMich users) | ProQuest | WWW

Co-author. "Predicting the Fallout from King v. Burwell - Exchanges and the ACA." D. K. Jones and T. S. Jost, co-authors. New Eng. J. Med. 372, no. 2 (2015): 101-4.
Full Text: MLaw Repository | ProQuest (UMich users) | ProQuest | WWW

Co-author. "No Good Options: Picking Up the Pieces After King v. Burwell." D. K. Jones, co-author. Yale L. J. F. 125 (2015): 13-30.
Full Text: MLaw Repository | HEIN (UMich Users) | HEIN | WWW

"Medicine as a Public Calling." Mich. L. Rev. 114, no. 1 (2015): 57-106.
Full Text: MLaw Repository | HEIN (UMich users) | HEIN | Lexis | SSRN


Participated in the King v. Burwell and the Future of the Affordable Care Act conference hosted by The Petrie-Flom Center for Health Law Policy, Biotechnology, and Bioethics at Harvard Law School, April 2015.​

Participated in a panel discussion on King v. Burwell at the 2015 National Health Policy Confer​ence presented by America's Health Insurance Plans, Washington, D.C., March 2015. ​

Participated in a panel discussion on the Affordable Care Act at the Institute for Healthcare Policy and Innovation, University of Michigan, Ann Arbor, September 2014.​