Assistant professor @UChicagoLaw, writing (mostly) about federalism.
Joined March 2011
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If I weren’t (hopefully) days away from having a baby, I would have been speedier about promoting my new Article. But I don’t want to miss a chance to invite conversation with others interested in these issues.
In her Article, @BridgetFahey (@UChicagoLaw) begins to unearth the administrative law of cooperative federalism, elaborating the distinctive cross-governmental rulemaking that shapes our most important cooperative regulatory programs: yalelawjournal.org/article/c…
Bridget Fahey retweeted
This @BridgetFahey paper on how the administrative law of cooperative federalism programs like Medicaid actually works is so good. If you're at all interested in federalism, administrative law, law generally, or public policy more broadly, it's a must read yalelawjournal.org/article/c…
If you write about federalism or administrative law, I hope you’ll find something to like here; and if you do, I hope you’ll reach out. Thank you to Hannah Vester and rest of the editorial team @YaleLJournal for giving this piece such a welcome home.
I was fortunate to read and learn from @PAhdout's article on Enforcement Lawmaking in its early stages. I’m beyond delighted to stand shoulder-to-shoulder with her terrific finished product in this issue of the @HarvLRev. Look for a piece we’re working on together coming soon.
So happy to be published alongside my friend, the incomparable @BridgetFahey ,in the February issue of the @HarvLRev. Data Federalism is a must read.
We think federalism divides power between governments. My new article, Data Federalism, out in @HarvLRev argues that sprawling practices of intergovernmental data exchange invert that assumption by facilitating the aggregation of enormous data stores for all governments to access
Private data markets make the headlines, but our governments, too, gather and trade terabytes of our most intimate data. @BridgetFahey analyzes intergovernmental data markets and the unorthodox administrative institutions that have arisen to govern them. harvardlawreview.org/2022/02…
And while I’m at it, it’s such a privilege to be published alongside Roseanna Sommers’s (@rosesomm) paradigm-shifting tour through the psychology of consent yalelawjournal.org/article/c…
My new article, Federalism by Contract, is out today in the @YaleLJournal. The article documents a sprawling web of contract-like agreements among our domestic governments – something of a treaty practice (and treaty law) for American federalism. 1/
yalelawjournal.org/article/f…
The puzzle of the federal police reform bill is that it (mostly) uses conditions on federal funding for traditional policing to encourage local reforms. Salutary restrictions on federal funding for traditional policing still means federal funding for traditional policing.
I’ve been thinking this week about Rachel Harmon’s work showing that federal police grants don't just add $ to local police budgets; they encourage a particular kind of policing: more arrests, stops, surveillance, and militarization; more integration w/ immigration enforcement.
Her 2015 article should be required reading for reformers and law writers at the federal level. papers.ssrn.com/sol3/papers.…