In this article we show that when the provision of paternalistic goods is entwined with income distribution, the political decision process may prevent welfare maximization. We model the decision process from a political economy perspective by assuming that the quantity of a paternalistic good...

This toolkit contains the elements needed to understand the problem of medical malpractice in America today, and whether alternative dispute resolution (i.e., arbitration) clauses might be viable among other tort reform options. The toolkit introduces medical liability as an intrinsic component...

This Article examines ways that governments can mitigate the economic damage caused by the drug war. Part I details four specific legal reforms enacted in Colorado, which aim to reduce the problems of over-criminalization: Requiring a fiscal note for the creation of new statutory crimes;...

This paper provides an update and reanalysis of my previously published article, Rhetorical Federalism: The Value of State-Based Dissent to Federal Health Reform, 93 Hofstra Law Review 111 (2010). In Rhetorical Federalism, I made an affirmative case for the widespread trend of state resistance...

The herding of expert opinions is often rationalized as the outcome of social learning. However, experts are typically individuals with career concerns. As a result, herding can also arise from the fear of opposing consensus opinion and the potential career consequences of being wrong. We...

The reforms that have reshaped most public health care system have often been accompained by a process of devolution. However, this process has not always produced the desired effects and the existence of widespread soft budget constraint policies at local level is well documented. In this paper...

This article presents a framework to analyze federalism based on enactment, implementation, and enforcement institutions. The framework provides a mechanism to determine whether a particular public policy should be conducted at a state or federal level, by examining economies and diseconomies of...

Because tort law generally and healthcare regulation specifically are traditional state functions and because medical, legal, and insurance practices are highly localized, legal scholars have long believed that medical malpractice falls within the states' exclusive jurisdiction and sovereignty....

Although mandated by federal law, Medicaid always has been fundamentally a matter of state business, primarily because states administer the program and receive only partial federal reimbursement for state expenditures. As health care costs have burgeoned over the past few decades, states have...

This symposium article recounts recent litigation by several states over a provision of the Medicare Modernization Act Part D prescription drug benefit: The clawback, which requires states to pay the a potentially substantial portion of new federal program. I then examine the unique federalism...