Nicole Huberfeld

Boston University School of Law

765 Commonwealth Avenue

Boston, MA 02215

United States

Boston University - School of Public Health

Professor

715 Albany Street

Boston, MA 02118

United States

SCHOLARLY PAPERS

40

DOWNLOADS
Rank 19,614

SSRN RANKINGS

Top 19,614

in Total Papers Downloads

4,896

SSRN CITATIONS
Rank 43,807

SSRN RANKINGS

Top 43,807

in Total Papers Citations

14

CROSSREF CITATIONS

7

Scholarly Papers (40)

1.

Plunging Into Endless Difficulties: Medicaid and Coercion in National Federation of Independent Businesses v. Sebelius

93 B.U.L. Rev. 1 (2013), Boston Univ. School of Law, Public Law Research Paper No. 12-40
Number of pages: 89 Posted: 13 Aug 2012 Last Revised: 02 Oct 2015
Nicole Huberfeld, Elizabeth Weeks and Kevin Outterson
Boston University School of Law, University of Georgia School of Law and Boston University School of Law
Downloads 671 (74,347)
Citation 1

Abstract:

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coercion, Tenth Amendment, Medicaid, spending power

2.

What is Federalism in Health Care for?

Stanford Law Review, Vol. 70, 2018, Yale Law School, Public Law Research Paper No. 630
Number of pages: 115 Posted: 01 Mar 2018 Last Revised: 11 Jul 2018
Abbe R. Gluck and Nicole Huberfeld
Yale University - Law School and Boston University School of Law
Downloads 588 (87,776)

Abstract:

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Federalism, ACA, Obamacare, Health Care, Health Law, Statutes, Regulation

3.

Federalism Complicates the Response to the COVID-19 Health and Economic Crisis: What Can Be Done?

Journal of Health Politics, Policy and Law, Forthcoming, Boston Univ. School of Law, Public Law Research Paper No. 20-39
Number of pages: 19 Posted: 26 Sep 2020
Nicole Huberfeld, Sarah Gordon and David K. Jones
Boston University School of Law, Boston University and Boston University (deceased)
Downloads 411 (135,152)
Citation 4

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Affordable Care Act, federalism, Medicaid, health reform, coronavirus, COVID-19, state health policy

4.

Federalizing Medicaid

University of Pennsylvania Journal of Constitutional Law, Vol. 14, No. 2, 2011
Number of pages: 54 Posted: 06 Jun 2011 Last Revised: 29 Nov 2011
Nicole Huberfeld
Boston University School of Law
Downloads 335 (169,511)

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federalism, Medicaid, health care reform

5.

Tackling the Evils of Interlocking Directorates in Healthcare Nonprofits

Nebraska Law Review, March 2007
Number of pages: 47 Posted: 12 Jul 2006
Nicole Huberfeld
Boston University School of Law
Downloads 262 (218,751)

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healthcare, nonprofit, corporation, board, director, fiduciary

6.

Is Medicare for All the Answer? Assessing the Health Reform Gestalt as the ACA Turns 10

Houston Journal of Health Law and Policy, 2020
Number of pages: 64 Posted: 06 Mar 2020 Last Revised: 28 Apr 2021
Nicole Huberfeld
Boston University School of Law
Downloads 221 (258,051)
Citation 1

Abstract:

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health reform, Federalism, ACA, Obamacare, Health Care, Health Law, Statutes, Regulation

7.

Health Care and the Myth of Self-Reliance

Boston College Law Review, Vol. 57, No. 1, 2016
Number of pages: 61 Posted: 22 Aug 2015 Last Revised: 02 Feb 2016
Nicole Huberfeld and Jessica L. Roberts
Boston University School of Law and Emory University School of Law
Downloads 220 (259,131)
Citation 2

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Affordable Care Act, ACA, King v. Burwell, Medicaid, health care reform, subsidies, health insurance, public health

8.

High Stakes, Bad Odds: Health Laws and the Revived Federalism Revolution

UC Davis Law Review, Vol. 57, No. 2, 2023, Boston Univ. School of Law Research Paper No. 4387667
Number of pages: 82 Posted: 18 Mar 2023 Last Revised: 04 Mar 2024
Nicole Huberfeld
Boston University School of Law
Downloads 189 (297,720)
Citation 2

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Supreme Court; health law; federalism; ACA; health reform; Medicaid; public health; COVID-19; administrative law

9.

Dynamic Expansion

Number of pages: 11 Posted: 24 Nov 2013
Nicole Huberfeld
Boston University School of Law
Downloads 178 (313,969)

Abstract:

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health reform, Medicaid, federalism, ACA, expansion, NFIB

10.

Bizarre Love Triangle: The Spending Clause, Section 1983, and Medicaid Entitlements

UC Davis Law Review, Winter 2008
Number of pages: 57 Posted: 14 Mar 2008 Last Revised: 29 Nov 2011
Nicole Huberfeld
Boston University School of Law
Downloads 156 (351,805)

Abstract:

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Spending Clause, Section 1983, Medicaid

11.

Federalism in Health Care Reform

Holes in the Safety Net: Federalism and Poverty, 2019
Number of pages: 24 Posted: 01 Apr 2020
Nicole Huberfeld
Boston University School of Law
Downloads 135 (394,904)

Abstract:

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federalism, poverty, Medicaid, health reform, ACA, health care, health law, Obamacare

12.

Where There is a Right, There Must Be a Remedy (Even in Medicaid)

Kentucky Law Journal, Forthcoming
Number of pages: 25 Posted: 02 Oct 2013
Nicole Huberfeld
Boston University School of Law
Downloads 96 (506,350)

Abstract:

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Health Care Law, Health Reform, Affordable Care Act, Obamacare, Federalism, Medicaid, 1983, private right of action

13.

Conditional Spending and Compulsory Maternity

University of Illinois Law Review, 2010
Number of pages: 48 Posted: 10 Apr 2009 Last Revised: 29 Nov 2011
Nicole Huberfeld
Boston University School of Law
Downloads 95 (509,868)

Abstract:

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14.

Brief of Amici Curiae Health Law & Policy Scholars and Prescriptions Policy Choices in Support of Respondents on the Constitutional Validity of the Medicaid Expansion in State of Florida v. Department of Health and Human Services

Boston Univ. School of Law, Public Law Research Paper No. 12-27, Boston Univ. School of Law, Law and Economics Research Paper No. 12-27
Number of pages: 61 Posted: 30 May 2012
Boston University School of Law, Mitchell Hamline School of Law, Boston University School of Law, University of Georgia School of Law, George Washington University - Department of Health Policy and affiliation not provided to SSRN
Downloads 92 (520,318)

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Medicaid, Section 2001(a)(1)(C) of the Patient Protection and Affordable Care Act, The Patient Protection and Affordable Care Act, health care coverage, South Dakota v. Dole (483 U.S. 203 (1987))

15.

The Universality of Medicaid at Fifty

Yale Journal of Health Policy, Law, and Ethics, Forthcoming
Number of pages: 17 Posted: 24 Dec 2014
Nicole Huberfeld
Boston University School of Law
Downloads 90 (527,613)
Citation 2

Abstract:

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Medicaid, health care reform, fragmentation, universality, federalism, ACA, Affordable Care Act, Obamacare

16.

An Empirical Perspective on Medicaid as Social Insurance

University of Toledo Law Review, Forthcoming
Number of pages: 11 Posted: 02 Dec 2014
Nicole Huberfeld and Jessica L. Roberts
Boston University School of Law and Emory University School of Law
Downloads 90 (527,613)

Abstract:

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Medicaid, ACA, health reform, PPACA, Obamacare, working poor, universal, universality

17.

Medicaid Expansion as Completion of the Great Society

1 Ill. L. Rev. Slip Ops. 1 (2014), University of Illinois Law Review, Vol. 1, No. 1, 2014
Number of pages: 8 Posted: 15 Oct 2014 Last Revised: 26 Nov 2014
Nicole Huberfeld and Jessica L. Roberts
Boston University School of Law and Emory University School of Law
Downloads 90 (527,613)
Citation 1

Abstract:

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Medicaid, Medicaid expansion, health-care reform, Affordable Care Act, civil rights, universal vulnerability, Great Society

18.

Heed Not the Umpire (Justice Ginsburg Called NFIB)

University of Pennsylvania Journal of Constitutional Law Heightened Scrutiny, Vol. 15, No. 43, 2013
Number of pages: 14 Posted: 08 Feb 2013
Nicole Huberfeld
Boston University School of Law
Downloads 90 (527,613)

Abstract:

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Supreme Court, NFIB v. Sebelius, Medicaid, federalism, health reform

19.

Rural Health, Universality, and Legislative Targeting

Harvard Law & Policy Review, Vol. 12, 2018
Number of pages: 31 Posted: 31 Jul 2018 Last Revised: 28 Feb 2019
Nicole Huberfeld
Boston University School of Law
Downloads 83 (554,538)

Abstract:

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health reform, ACA, Obamacare, rural, universal, targeted, legislation, statutes, health law

20.

With Liberty and Access for Some: The ACA's Disconnect for Women's Health

Fordham Urban Law Journal, Vol. XL, No. 4, 2013
Number of pages: 37 Posted: 01 Oct 2013
Nicole Huberfeld
Boston University School of Law
Downloads 82 (558,523)

Abstract:

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ACA, health, women, spending, abortion, NFIB v. Sebelius

21.

Teaching the Law of American Health Care

St. Louis University Law Journal, Vol. 61, 2017, University of Georgia School of Law Legal Studies Research Paper No. 2017-19
Number of pages: 11 Posted: 30 Jun 2017
Elizabeth Weeks, Nicole Huberfeld and Kevin Outterson
University of Georgia School of Law, Boston University School of Law and Boston University School of Law
Downloads 80 (566,803)

Abstract:

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health care law, teaching, law school, legal education, Affordable Care Act

22.

Medicaid's Vital Role in Addressing Health and Economic Emergencies

Burris, S., de Guia, S., Gable, L., Levin, D.E., Parmet, W.E., Terry, N.P. (Eds.) (2020). Assessing Legal Responses to COVID-19. Boston: Public Health Law Watch
Number of pages: 8 Posted: 18 Aug 2020 Last Revised: 10 Nov 2021
Nicole Huberfeld and Sidney Watson
Boston University School of Law and Saint Louis University - School of Law
Downloads 74 (592,608)

Abstract:

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Public health, COVID-19, coronavirus, legal responses, pandemic, medicaid, public insurance

23.

Post-Reform Medicaid before the Court: Discordant Advocacy Reflects Conflicting Attitudes

Annals of Health Law, Forthcoming
Number of pages: 34 Posted: 30 Nov 2011 Last Revised: 12 Jun 2012
Nicole Huberfeld
Boston University School of Law
Downloads 74 (592,608)

Abstract:

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federalism, Medicaid, Supreme Court, health care reform

24.

Challenging the Stakeholders: A Review of Laura Katz Olson, The Politics of Medicaid

Journal of Legal Medicine, Forthcoming
Number of pages: 8 Posted: 29 Nov 2011
Nicole Huberfeld
Boston University School of Law
Downloads 74 (592,608)
Citation 1

Abstract:

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Medicaid, federalism, politics

25.

Clear Notice for Conditions on Spending, Unclear Implications for States in Federal Healthcare Programs

Number of pages: 45 Posted: 28 Mar 2007 Last Revised: 29 Nov 2011
Nicole Huberfeld
Boston University School of Law
Downloads 74 (592,608)
Citation 3

Abstract:

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Spending Clause, Dole, Medicare, Medicaid, Clawback, Conditions on Spending, Cooperative federalism

26.

American Public Health Federalism and the Response to the COVID-19 Pandemic

COVID-19 in Europe and North America 2022
Number of pages: 16 Posted: 19 Sep 2022
Nicole Huberfeld, Sarah Gordon and David K. Jones
Boston University School of Law, Boston University and Boston University (deceased)
Downloads 71 (606,220)

Abstract:

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federalism, COVID-19, pandemic, public health, comparative

27.

The New Health Care Federalism on the Ground

Indiana Health Law Review, Vol. 15, p. 1 (2018), Yale Law School, Public Law Research Paper No. 639, Boston Univ. School of Law, Public Law Research Paper
Number of pages: 21 Posted: 29 May 2018
Abbe R. Gluck and Nicole Huberfeld
Yale University - Law School and Boston University School of Law
Downloads 64 (640,247)

Abstract:

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federalism, ACA, Affordable Care Act, Obamacare, health care, health law, health reform, statutes, regulation

28.

Lessons Learned: Strengthening Medicaid to Address Health and Economic Emergencies

Burris, S., de Guia, S., Gable, L., Levin, D.E., Parmet, W.E., Terry, N.P. (Eds.) (2021). COVID-19 Policy Playbook: Legal Recommendations for a Safer, More Equitable Future. Boston: Public Health Law Watch., Saint Louis U. Legal Studies Research Paper No. 2021-09
Number of pages: 9 Posted: 22 Mar 2021 Last Revised: 24 Apr 2021
Nicole Huberfeld and Sidney Watson
Boston University School of Law and Saint Louis University - School of Law
Downloads 53 (700,643)

Abstract:

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29.

Introduction: Securing Reproductive Justice After Dobbs

51 Journal of Law, Medicine, & Ethics 463 (Fall 2023)
Number of pages: 8 Posted: 06 Mar 2024
Aziza Ahmed, Nicole Huberfeld and Linda C. McClain
Boston University - School of Law, Boston University School of Law and Boston University - School of Law
Downloads 42 (772,714)

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Roe v. Wade, Dobbs, reproductive justice, reproductive health care, state abortion laws, pregnancy, access to abortion, medication abortion, assisted reproductive technology, disability, criminalization of pregnancy, medical ethics and training

30.

Health Equity, Federalism, and Cannabis Policy

Boston University Law Review, Vol. 101, No. 897, 2021, Boston Univ. School of Law Research Paper No. 4205238
Number of pages: 17 Posted: 02 Sep 2022
Nicole Huberfeld
Boston University School of Law
Downloads 36 (817,482)

Abstract:

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cannabis, health equity, federalism, legislation

31.

Have the ACA's Exchanges Succeeded? It's Complicated

Journal of Health Politics, Policy and Law, Vol. 45, No. 4, 2020
Number of pages: 23 Posted: 16 Nov 2020
David K. Jones, Sarah Gordon and Nicole Huberfeld
Boston University (deceased), Boston University and Boston University School of Law
Downloads 33 (841,836)

Abstract:

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States, Federalism, Medicaid, Health Reform, ACA, Obamacare

32.

A Cross-Cutting Public Law Scholar for the Ages

University of Chicago Law Review, Vol. 88, No. 1651, 2021
Number of pages: 7 Posted: 02 Sep 2022
Nicole Huberfeld
Boston University School of Law
Downloads 19 (972,080)

Abstract:

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33.

Brief for Amici Curiae Legal Scholars, Moyle v. U.S./Idaho v. U.S.

Boston Univ. School of Law Research Paper Forthcoming
Number of pages: 28 Posted: 12 May 2024
Nicole Huberfeld
Boston University School of Law
Downloads 15 (1,014,019)

Abstract:

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Abortion; EMTALA; spending power; federalism; major questions doctrine; preemption

34.

Confusion, Chaos, and Conflict in U.S. Law and Health Care after Dobbs

Boston Univ. School of Law Research Paper Forthcoming
Number of pages: 18 Posted: 13 May 2024
Nicole Huberfeld
Boston University School of Law
Downloads 13 (1,034,854)

Abstract:

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Roe, Casey, Dobbs, Abortion, Reproductive Rights, Health Care, Federalism, Constitutional Law

35.

Private Actions to Protect Medicaid Live to See Another Day

JAMA, Boston Univ. School of Law Research Paper No. 4597459
Posted: 19 Oct 2023
Nicole Huberfeld
Boston University School of Law

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Medicaid, spending power, federalism, poverty law, long term care, Supreme Court

36.

Medicaid, the Supreme Court, and Safe Care for Nursing Home Residents

Posted: 19 Oct 2023
Nicole Huberfeld
Boston University School of Law

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Medicaid, spending power, federalism, social programs, long term care

37.

Disparities in Health Care: The Pandemic’s Lessons for Health Lawyers

American Health Law Association Health Law Watch 2021, Saint Louis U. Legal Studies Research Paper No. 2021-11
Posted: 08 Apr 2021 Last Revised: 24 Apr 2021
Boston University - School of Law, Boston University School of Law and Moritz College of Law, The Ohio State University

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health, health law, health disparities, health justice, health equity, social determinants of health

38.

The New Health Care Federalism: An Empirical and Theoretical Assessment of Federalism Dynamics in Health Care and Beyond

U of Penn Law School, Public Law Research Paper No. 14-34, Yale Law School, Public Law Research Paper No. 525
Posted: 16 Oct 2014 Last Revised: 06 Oct 2023
Tom Baker, Abbe R. Gluck, Nicole Huberfeld and Theodore Ruger
University of Pennsylvania Carey Law School, Yale University - Law School, Boston University School of Law and University of Pennsylvania Law School

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health law, constitutional law, legislation, health care federalism, empirical, insurance, Medicaid, ACA, Affordable Care Act, PPACA, Obamacare, healthcare reform, shared state-federal policymaking

39.

Be Not Afraid of Change: Time to Eliminate the Corporate Practice of Medicine Doctrine

Health Matrix: Journal of Law-Medicine, Vol. 14, No. 2, 2004
Posted: 11 Feb 2004
Nicole Huberfeld
Boston University School of Law

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Corporate, medicine, health, physician, quality

40.

Quality Control, Enterprise Liability, and Disintermediation in Managed Care

Journal of Law, Medicine & Ethics, Vol. 29, Nos. 3 & 4, 2001
Posted: 07 May 2002
John Jacobi and Nicole Huberfeld
Seton Hall School of Law and Boston University School of Law

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