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Bagley, Nicholas

Professor of Law

3238 Jeffries 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. 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...

"Trade Barriers and Antimicrobial Resistance." Donald H. Regan, co-author. (Work in Progress).

"The Orphan Drug Act at 35: Observations and Outlook for the 21st Century." Amitabh Chandra et al., co-authors. (Work in Progress).

"Delegation at the Founding." Julian Davis Mortenson, co-author. Colum. L. Rev. 121, no. 2 (2021): 277-368.
Full Text: MLaw Repository | SSRN | WWW

"What's Left of the Affordable Care Act? A Progress Report." Helen Levy and Andrew Ying, co-authors. RSF: Russell Sage Found. J. Soc. Sci. 6, no. 2 (2020): 42-66.
Full Text: WWW

"Is Obamacare Really Unconstitutional?" New Eng. J. Med. 382, no. 5 (2020): 400-1.
Full Text: WWW

"Importing Prescription Drugs from Canada — Legal and Practical Problems with the Trump Administration's Proposal." Richard E. Sachs, co-author. New Eng. J. Med. 382, no. 19 (2020): 1777-9.
Full Text: WWW

"Executive Power and the Affordable Care Act." In The Trillion Dollar Revolution: How the Affordable Care Act Transformed Politics, Law, and Health Care in America, edited by Abbe R. Gluck and Ezekiel J. Emanuel. 2020.

"The Procedure Fetish." Mich. L. Rev. 118, no. 3 (2019): 345-401.
Full Text: MLaw Repository | Lexis | SSRN

"Scientific Trials-In the Laboratories, Not the Courts." A. Carroll and P. A. Cohen, co-authors. JAMA Internal Med. 178, no. 1 (2018): 7-8.
Full Text: MLaw Repository | WWW

"Reform at Risk — Mandating Participation in Alternative Payment Plans." Scott Levy and Rahul Rajkumar, co-authors. New Eng. J. Med. 378, no. 18 (2018): 1663-5.
Full Text: MLaw Repository | WWW

"Limiting State Flexibility in Drug Pricing." Rachel E. Sachs, co-author. New Eng. J. Med. 379, no. 11 (2018): 1002-4.
Full Text: MLaw Repository | WWW

"Innovative Contracting for Pharmaceuticals and Medicaid's Best-Price Rule." Rachel Sachs and Darius N. Lakdawalla, co-authors. J. Health Pol. Pol'y & L. 43, no. 1 (2018): 5-18.
Full Text: SSRN | WWW

Health Care Law and Ethics. 9th ed. Mark A. Hall et al., co-authors. Aspen Casebook Series. Alphen aan den Rijn, The Netherlands: Wolters Kluwer, 2018.

"Are Medicaid Work Requirements Legal?" JAMA 319, no. 8 (2018): 763-4.
Full Text: MLaw Repository | WWW

"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: MLaw Repository | HEIN (UMich users) | HEIN | Westlaw | LegalTrac (UMich users) | LegalTrac | WWW

"Small Change, Big Consequences — Partial Medicaid Expansions under the ACA." Adrianna McIntyre and Allan M. Joseph, co-authors. New Eng. J. Med. 377, no. 11 (2017): 1004-6.
Full Text: MLaw Repository | WWW

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

"Federalism and the End of Obamacare." Yale L.J. F. 127, no. 1 (2017): 1-26.
Full Text: MLaw Repository | HEIN (UMich users) | HEIN | Lexis | Westlaw | 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

"Legal Limits and the Implementation of the Affordable Care Act." U. Pa. L. Rev. 164, no. 7 (2016): 1715-52.
Full Text: MLaw Repository | HEIN (UMich users) | HEIN | Lexis | Westlaw | 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