Abigail R. Moncrieff

Boston University - School of Law

Associate Professor of Law

765 Commonwealth Avenue

#1170D

Boston, MA 02215

United States

SCHOLARLY PAPERS

16

DOWNLOADS
Rank 17,836

SSRN RANKINGS

Top 17,836

in Total Papers Downloads

2,193

CITATIONS

1

Scholarly Papers (16)

1.

The Freedom of Health

University of Pennsylvania Law Review, Vol. 159, 2011
Number of pages: 44 Posted: 07 Jan 2011 Last Revised: 06 Jul 2011
Abigail R. Moncrieff
Boston University - School of Law
Downloads 251 (89,386)

Abstract:

health law, healthcare reform, constitutional law, individual rights

2.

Federalization Snowballs: The Need for National Action in Medical Malpractice Reform

Columbia Law Review, Vol. 109, 2009
Number of pages: 49 Posted: 17 Sep 2008 Last Revised: 06 Sep 2011
Abigail R. Moncrieff
Boston University - School of Law
Downloads 234 (96,719)

Abstract:

medical malpractice, federalism, tort reform

3.

The Positive Case for Centralization in Healthcare Regulation: The Federalism Failures of the ACA

Kansas Journal of Law & Pubic Policy, Vol. 20, p. 266, 2011
Number of pages: 27 Posted: 11 Jan 2012
Abigail R. Moncrieff and Eric Lee
Boston University - School of Law and affiliation not provided to SSRN
Downloads 232 (60,621)

Abstract:

4.

Reincarnating the Major Questions Exception to Chevron Deference as a Doctrine of Non-Interference (Or Why Massachusetts v. EPA Got it Wrong)

Administrative Law Review, Vol. 60, No. 3, 2008
Number of pages: 46 Posted: 31 Mar 2007 Last Revised: 23 Mar 2010
Abigail R. Moncrieff
Boston University - School of Law
Downloads 169 (114,615)
Citation 1

Abstract:

Law, administrative law, legislation, legislative process, Chevron deference, tobacco regulation, telecommunications regulation

5.

Safeguarding the Safeguards: The ACA Litigation and the Extension of Indirect Protection to Non-Fundamental Liberties

Florida Law Review, Vol. 64, p. 639, 2012
Number of pages: 48 Posted: 31 Aug 2011 Last Revised: 04 Jun 2012
Abigail R. Moncrieff
Boston University - School of Law
Downloads 164 (142,568)

Abstract:

6.

Cost-Benefit Federalism: Reconciling Collective Action Federalism and Libertarian Federalism in the Obamacare Litigation and Beyond

American Journal of Law and Medicine, Vol. 37, p. 288, 2012, Boston Univ. School of Law, Law and Economics Research Paper No. 12-33, Boston Univ. School of Law, Public Law Research Paper No. 12-33
Number of pages: 39 Posted: 13 Feb 2012 Last Revised: 22 Jun 2012
Abigail R. Moncrieff
Boston University - School of Law
Downloads 116 (154,981)

Abstract:

7.

Understanding the Failure of Health-Care Exceptionalism in the Supreme Court's Obamacare Decision

CHEST, 2012, Forthcoming, Boston Univ. School of Law, Public Law Research Paper No. 12-37
Number of pages: 8 Posted: 17 Jul 2012 Last Revised: 29 Jul 2012
Abigail R. Moncrieff
Boston University - School of Law
Downloads 106 (193,169)

Abstract:

health-care reform, Patient Protection and Affordable Care Act (ACA), Insurance Exceptionalism, Taxing Power, Market Exceptionalism

8.

The Supreme Court's Assault on Litigation: Why (and How) it Could Be Good for Health Law

Boston University Law Review, Vol. 90, p. 2323, 2010
Number of pages: 60 Posted: 04 Nov 2009 Last Revised: 09 Jan 2011
Abigail R. Moncrieff
Boston University - School of Law
Downloads 102 (209,896)

Abstract:

health law, law and economics, litigation, tort, regulation, administrative law

9.

Substantive Rights in a Constitutional Technocracy

Number of pages: 58 Posted: 29 Jun 2011 Last Revised: 13 Jun 2012
Abigail R. Moncrieff
Boston University - School of Law
Downloads 91 (220,013)

Abstract:

constitutional law, substantive due process, First Amendment, Fourteenth Amendment

10.

The Individual Mandate as Health Care Regulation: What the Obama Administration Should Have Said in NFIB v. Sebelius

American Journal of Law and Medicine, Vol. 39, 2013, Boston Univ. School of Law, Law and Economics Research Paper No. 12-44, Boston Univ. School of Law, Public Law Research Paper No. 12-44
Number of pages: 35 Posted: 29 Aug 2012 Last Revised: 19 Sep 2013
Abigail R. Moncrieff
Boston University - School of Law
Downloads 79 (229,168)

Abstract:

Obamacare, Commerce Clause, Necessary and Proper Clause, NFIB v. Sebelius, insurance mandate

11.

Will Uncooperative Federalism Survive NFIB?

Montana Law Review, Forthcoming, Boston Univ. School of Law, Public Law Research Paper No. 15-19
Number of pages: 20 Posted: 09 Mar 2015 Last Revised: 06 May 2015
Abigail R. Moncrieff and Jonathan Dinerstein
Boston University - School of Law and Independent
Downloads 55 (257,170)

Abstract:

12.

Obamacare's (3) Day(s) in Court

CHEST: Official Publication of the American College of Chest Physicians, Vol. 141, Page 1389, Boston Univ. School of Law, Public Law Research Paper No. 12-32
Number of pages: 7 Posted: 06 Jun 2012
Abigail R. Moncrieff
Boston University - School of Law
Downloads 40 (337,083)

Abstract:

PPACA, Obamacare, Supreme Court, health law, constitutional law, public law

13.

The Argument that Wasn't' and 'King, Chevron, and the Age of Textualism

Boston University Law Review Annex, Forthcoming, 2015, Vol. 95 ("King, Chevron, and the Age of Textualism"), Health Affairs Blog, posted July 2, 2015 ("The Argument that Wasn't"), Boston Univ. School of Law, Public Law Research Paper No. 15-28
Number of pages: 14 Posted: 22 Jul 2015
Abigail R. Moncrieff
Boston University - School of Law
Downloads 32 (277,692)

Abstract:

Administrative law, Constitutional law, statutory interpretation, health law, Supreme Court, public law

14.

Brief Amici Curiae of Prescription Policy Choices, Professors of Law, and Professors of Health Policy in Support of Petitioners on the Minimum Coverage Provision in Department of Health & Human Services v. State of Florida

Boston Univ. School of Law, Public Law Research Paper No. 12-26, Boston Univ. School of Law, Law and Economics Research Paper No. 12-26
Number of pages: 53 Posted: 01 Jun 2012
Boston University - School of Law, Boston University School of Law, Office of Chief Counsel, Food and Drug Administration, affiliation not provided to SSRN, Boston University School of Law and affiliation not provided to SSRN
Downloads 21 (409,225)

Abstract:

Article I, individual mandate, Necessary and Proper Clause, Commerce Clause

15.

Brief of Amici Curiae Jewish Alliance for Law & Social Action (JALSA), Jewish Council on Urban Affairs (JCUA), Jewish Social Policy Action Network (JSPAN), New England Jewish Labor Commmittee (JLC), and Professor Abigail R. Moncrieff in Support of Petitioners on the Individual Liberal Implications of the Minimum Coverage Provision in Department of Health and Human Services v. State of Florida

Boston Univ. School of Law, Public Law Research Paper No. 12-25
Number of pages: 54 Posted: 02 Jun 2012 Last Revised: 15 Jul 2014
Boston University - School of Law, Jason & Fischer, affiliation not provided to SSRN, affiliation not provided to SSRN, affiliation not provided to SSRN and affiliation not provided to SSRN
Downloads 18 (409,225)

Abstract:

Commerce Clause, Necessary and Proper Clause, minimum coverage provision

16.

Healthcare Federalism

The Oxford Handbook on U.S. Health Law (2017)
Posted: 23 Aug 2017
Abigail R. Moncrieff and Joseph F. Lawless
Boston University - School of Law and College of William and Mary, Arts and Sciences, American Studies

Abstract:

constitutional federalism, healthcare law, Supreme Court, New Federalism, healthcare regulation, Medicare, Medicaid, Employee Retirement Income Security Act of 1974, Patient Protection and Affordable Care Act, healthcare federalism