Health Care Law and Ethics

Nicholas Bagley
  • Health Law
2024

“A Texas Judge Just Invalidated The Preventive Services Mandate. What Happens Next?”

Nicholas Bagley
  • Health Law
Health Affairs
2023

“Delegation at the Founding: A Response To The Critics”

Nicholas Bagley
  • Constitutional Law
  • Legal History
Columbia Law Review
2022

“Delegation at the Founding: A Response to the Critics”

Julian Davis Mortenson Nicholas Bagley
  • Constitutional Law
  • Legal History
Columbia Law Review
2022

“Constitutional Culture, Partisan Politics, and the Failed Campaign to Topple the Affordable Care Act”

Nicholas Bagley
  • Constitutional Law
ACS Supreme Court Review
2021

“Delegation at the Founding”

Julian Davis Mortenson Nicholas Bagley
  • Constitutional Law
  • Legal History
Columbia Law Review
2021

“Medicare Coverage of Aducanumab - Implications for State Budgets.”

Nicholas Bagley
  • Health Law
The New England Journal of Medicine
2021

“California v. Texas — Ending the Campaign to Undo the ACA in the Courts”

Nicholas Bagley
  • Constitutional Law
  • Health Law
The New England Journal of Medicine
2021

“Is Obamacare Really Unconstitutional?”

Nicholas Bagley
  • Health Law
New England Journal of Medicine
2020

“Executive Power and the Affordable Care Act”

Nicholas Bagley
  • Health Law
The Trillion Dollar Revolution: How the Affordable Care Act Transformed Politics, Law, and Health Care in America
2020

“Importing Prescription Drugs from Canada — Legal and Practical Problems with the Trump Administration’s Proposal”

Nicholas Bagley
  • Health Law
New England Journal of Medicine
2020

“What’s Left of the Affordable Care Act?”

Nicholas Bagley
  • Health Law
RSF: The Russell Sage Foundation Journal of the Social Sciences
2020

“The Coronavirus and the Risks to the Elderly in Long-Term Care”

Nicholas Bagley
Journal of Aging & Social Policy
2020

“The Procedure Fetish”

Nicholas Bagley
  • Administrative Law
Michigan Law Review
2019

“The Orphan Drug Act at 35: Observations and an Outlook for the Twenty-First Century”

Nicholas Bagley
Innovation Policy and the Economy
2019

“Are Medicaid Work Requirements Legal?”

Nicholas Bagley
  • Health Law
Journal of the American Medical Association
2018

“Reform at Risk — Mandating Participation in Alternative Payment Plans”

Nicholas Bagley
  • Health Law
New England Journal of Medicine
2018

Health Care Law and Ethics

Nicholas Bagley
  • Legal Ethics and Professional Responsibility
  • Health Law
2018

“Limiting State Flexibility in Drug Pricing”

Nicholas Bagley
  • Health Law
New England Journal of Medicine
2018

“Scientific Trials-In the Laboratories, Not the Courts”

Nicholas Bagley
  • Litigation
  • Health Law
JAMA Internal Medicine
2018

“Innovative Contracting for Pharmaceuticals and Medicaid’s Best-Price Rule”

Nicholas Bagley
  • Public Interest Law
  • Health Law
Journal of Health Politics, Policy and Law
2018

“Small Change, Big Consequences — Partial Medicaid Expansions under the ACA”

Nicholas Bagley
  • Health Law
New England Journal of Medicine
2017

“The Dubious Empirical and Legal Foundations of Wellness Programs”

Nicholas Bagley
  • Health Law
  • Labor and Employment Law
Health Matrix: Journal of Law-Medicine
2017

“Remedial Restraint in Administrative Law”

Nicholas Bagley
  • Administrative Law
Columbia Law Review
2017

“Federalism and the End of Obamacare”

Nicholas Bagley
  • Health Law
Yale Law Journal Forum
2017

“A Legal Setback for the Affordable Care Act”

Nicholas Bagley
  • Health Law
New England Journal of Medicine
2016

“Legal Limits and the Implementation of the Affordable Care Act”

Nicholas Bagley
  • Health Law
University of Pennsylvania Law Review
2016

“Trouble on the Exchanges — Does the United States Owe Billions to Health Insurers?”

Nicholas Bagley
  • Health Law
New England Journal of Medicine
2016

“Essential Health Benefits and the Affordable Care Act”

Nicholas Bagley
  • Health Law
The Future of Healthcare Reform in the United States
2016

“Transparency and the Supreme Court—Can Employers Refuse to Disclose How Much They Pay for Health Care?”

Nicholas Bagley
  • Health Law
  • Labor and Employment Law
New England Journal of Medicine
2015

Correcting Signals for Innovation in Health Care

Nicholas Bagley
2015

“Three Words and the Future of the Affordable Care Act”

Nicholas Bagley
  • Health Law
Journal of Health Politics, Policy and Law
2015

“Predicting the Fallout from King v. Burwell - Exchanges and the ACA”

Nicholas Bagley
  • Health Law
New England Journal of Medicine
2015

“Protection or Harm? Suppressing Substance-Use Data”

Nicholas Bagley
  • Health Law
New England Journal of Medicine
2015

“Medicine as a Public Calling”

Nicholas Bagley
  • Health Law
Michigan Law Review
2015

“No Good Options: Picking Up the Pieces After King v. Burwell”

Nicholas Bagley
  • Health Law
Yale Law Journal Forum
2015

“Essential Health Benefits and the Affordable Care Act: Law and Process”

Nicholas Bagley
  • Health Law
Journal of Health Politics, Policy and Law
2014

“The Legality of Delaying Key Elements of the ACA”

Nicholas Bagley
  • Health Law
New England Journal of Medicine
2014

“The Puzzling Presumption of Reviewability”

Nicholas Bagley
  • Administrative Law
Harvard Law Review
2014

“Bedside Bureaucrats: Why Medicare Reform Hasn’t Worked”

Nicholas Bagley
  • Health Law
Georgetown Law Journal
2013

“Why It’s Called the Affordable Care Act”

Nicholas Bagley
  • Health Law
Michigan Law Review First Impressions
2011

“Agency Hygiene”

Nicholas Bagley
  • Administrative Law
Texas Law Review See Also
2010

“Centralized Oversight of the Regulatory State”

Nicholas Bagley
  • Administrative Law
Columbia Law Review
2006

“Benchmarking, Critical Infrastructure Security, and the Regulatory War on Terror”

Nicholas Bagley
  • Administrative Law
Harvard Journal on Legislation
2006

“The Unwarranted Regulatory Preemption of Predatory Lending Laws”

Nicholas Bagley
  • Intellectual Property and Antitrust
New York University Law Review
2004