Nicholas Bagley

Associated Law Professor

New York

Nicholas Bagley is an assistant professor of law at the University of Michigan Law School and an Associated Law Professor in Orrick’s Supreme Court and Appellate Litigation practice.

Nick was an attorney with the Appellate Staff in the Civil Division of the U.S. Department of Justice, where he argued a dozen cases before the U.S. Courts of Appeals and served as lead counsel in many more. Among many other matters, Nick successfully defended the Honest Leadership and Open Government Act before the D.C. Circuit (National Association of Manufacturers v. Taylor), served on the litigation team charged with defending the Family Smoking Prevention and Tobacco Control Act from a First Amendment challenge (Discount Tobacco City & Lottery v. United States), appeared before the Second Circuit in an important case involving the status of digital downloads under the copyright statutes (United States v. ASCAP), and represented the government in two significant False Claims Act suits in the Fifth Circuit (United States ex rel. Longhi v. Lithium Power Technologies, Inc.; United States v. Caremark).

Nick served as a law clerk to Justice John Paul Stevens of the U.S. Supreme Court and Judge David S. Tatel of the D.C. Circuit. Before getting a law degree at New York University Law School, he joined Teach for America and taught eighth-grade English at a public school in the South Bronx.

Nicholas teaches and writes in the areas of administrative law, regulatory theory, and health law. His work has appeared in Harvard Law Review, the Columbia Law Review, and the Georgetown Law Journal. 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. He won the law school’s teaching award in 2012.