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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. 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. "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

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 | WWW

"Medicine as a Public Calling." Mich. L. Rev. 114, no. 1 (2015): 57-106.
Full Text: SSRN

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 | NEJM (UMich users) | NEJM

"The Puzzling Presumption of Reviewability." Harv. L. Rev. 127, no. 5 (2014): 1285-340.
Full Text: MLaw Repository | HEIN (UMich users) | HEIN

​"The Legality of Delaying Key Elements of the ACA." New Eng. J. Med. ​370, no. 21 (2014): 1967-9.
Full Text: WWW

Co-author. "Essential Health Benefits and the Affordable Care Act: Law and Process." H. Levy, co-author. J. Health Pol. Pol'y & L. 39, no. 2 (2014): 441-65.
Full Text: MLaw Repository |WWW

"Bedside Bureaucrats: Why Medicare Reform Hasn't Worked." Geo. L. J. 101, no. 3 (2013): 519-80.
Full Text: MLaw Repository | SSRN | WWW


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.​

Presented "Bedside Bureaucrats: Why Medicare Reform Hasn't Worked" at Vanderbilt Law School's Faculty Workshop, October 2012.

Presented "Bedside Bureaucrats: Why Medicare Reform Hasn't Worked" at Harvard Law's Petrie-Flom Center for Health Law Policy, Biotechnology, and Bioethics, September 2012.

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