Bridget A. Fahey

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Coordinated Rulemaking and Cooperative Federalism’s Administrative Law

Distilling patterns across cooperative federalism programs, this Article uncovers the distinctive cross-governmental administrative law—and the unusual rulemaking it facilitates—in our most consequential federal-state collaborations.

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Federalism by Contract

Just as private parties use contracts to facilitate joint projects and nation-states use treaties to organize joint undertakings, our domestic governments use written instruments to formally coordinate their activities. This Article analyzes these distinctive contract-like instruments in which both parties are governments and the mutual objective is public governance.

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Health Care Exchanges and the Disaggregation of States in the Implementation of the Affordable Care Act