Federalism and Federal Agency Reform

Implementing Federalism in the Health System of Nepal: Opportunities and Challenges

Nepal moved from unitary system with a three-level federal system of government. As federalism accelerates, the national health system can also speed up its own decentralization process, reduce disparities in access, and improve health outcomes. The turn towards federalism creates several potential opportunities for the national healthcare system. This is because decision making has been devolv...

A Response to beyond Separation: Professor Copeland’s Ambitious Proposal for “integrative” Federalism

Professor Charlton Copeland offers a wide-ranging, ambitious critique of what he characterizes as federalism jurisprudence’s dominant models of “separation” and “allocation” of authority between the respective federal and state spheres. Judicial resolution of federalism questions, he suggests, turns inappropriately and incompletely on the moment of a law’s enactment. This “obsession with the le...

Federalism from Federal Statutes: Health Reform, Medicaid, and the Old-Fashioned Federalists' Gamble

Policy Capacity for Health Reform: Necessary but Insufficient; Comment on “Health Reform Requires Policy Capacity”

Forest and colleagues have persuasively made the case that policy capacity is a fundamental prerequisite to health reform. They offer a comprehensive life-cycle definition of policy capacity and stress that it involves much more than problem identification and option development. I would like to offer a Canadian perspective. If we define health reform as re-orienting the health system from acut...

A Precept of Managerial Responsibility: Securing Collective Justice in Instituational Reform Litigation

Institutional reform litigation confronts public administrators with troubling dilemmas, court directives often contradict the duties and responsibilities of public managers. Thus, the argument for judicial intervention is rarely straightforward. The authors argue that federal courts should refuse to hear institutional reform cases not only when federal court intervention would upset a state ad...