Abigail R. Moncrieff

Associate Professor of Law

Peter Paul Career Development Professor

BA, cum laude, Wellesley College
JD with honors, University of Chicago Law School

Areas of Interest
Constitutional Law, Economics & Law, Health Law, Legislative Process

Associate Professor Abigail R. Moncrieff focuses her scholarly work on structural governmental barriers to efficiency in health care payment and delivery, as well as writing more broadly on structural constitutional law.  Professor Moncrieff has published articles on both federalism and separation of powers, publishing on the major questions exception to Chevron deference in Administrative Law Review, on healthcare federalism and separation of powers in Boston University Law Review, and on federalism issues in medical malpractice (and more broadly proposing a concept of “federalization snowballs”) in Columbia Law Review.  Her current project takes a structural view of individual substantive rights in American constitutional law and argues from that structural perspective that substantive due process should protect individual autonomy in healthcare decision-making.  At BU Law, Professor Moncrieff teaches the required first-year Legislation course, the Health Law survey course, and a seminar on Health Care Reform and the Constitution.  Before joining BU, Professor Moncrieff clerked for Judge Sidney R. Thomas on the Ninth Circuit Court of Appeals, and she was a research fellow at Harvard Law School’s Petrie-Flom Center on Health Law Policy, Biotechnology, and Bioethics.  Professor Moncrieff earned her JD from University of Chicago Law School in 2006, completed a Fulbright Fellowship on comparative health care policy in Switzerland in 2003, and earned her BA from Wellesley College in 2002.

  1. Abigail Moncrieff, "King, Chevron, and the Age of Textualism," Boston University Law Review Annex (2015). [Essay]
  2. Abigail Moncrieff & Jonathan Dinerstein, "Will Uncooperative Federalism Survive NFIB?" 76 Montana Law Review 75 (2015).
    SSRN | HeinOnline (BU) | HeinOnline
  3. Abigail Moncrieff & Manisha Padi, "Beyond Payment and Delivery Reform: The Individual Mandate's Cost-Control Potential," in Symposium Improved Health at a Reduced Cost? Economic Perspectives on the Patient Protection & Affordable Care Act, 40 American Journal of Law & Medicine 185 (2014).
  4. Abigail Moncrieff, "The Individual Mandate as Healthcare Regulation: What the Obama Administration Should Have Said in NFIB v. Sebelius," 39 American Journal of Law & Medicine 539 (2013).
  5. Abigail Moncrieff, Brief of Amici Curiae Prescription Policy Choices, Professors of Law, and Professors of Health Policy in Support of Petitioners on the Minimum Coverage Provision, Florida v. Dept. of Health & Human Svcs., U.S. Supreme Court, No. 11-398 (Jan. 13, 2012). [principal author under supervision of Professor M. Kevin Outterson and with students David J. Arnold, Julia G. Mirabella, Kyle Thomson, and Hao Wang]
    SSRN | Publisher
  6. Abigail Moncrieff, 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 Committee (JLC), and Professor Abigail R. Moncrieff in Support, U.S. Supreme Court, No. 11-398 (Jan. 13, 2012). [principal author under supervision of attorney Andrew M. Fischer and with students Zoë Sajor, Rachel Smit, and Emily Westfall]
    SSRN | Publisher
  7. Abigail Moncrieff, "Common-Law Constitutionalism, the Constitutional Common Law, and the Validity of the Individual Mandate," in Symposium Originalism and Living Constitutionalism: A Symposium on Jack Balkin's Living Originalism and David Strauss's The Living Constitution, 92 Boston University Law Review 1245 (2012).
  8. Abigail Moncrieff, "Cost-Benefit Federalism: Reconciling Collective Action Federalism and Libertarian Federalism in the Obamacare Litigation and Beyond," 37 American Journal of Law & Medicine 288 (2012).
  9. Abigail Moncrieff, "Obamacare's (3) Day(s) in Court," 141 Chest 1389 (2012).
    SSRN | Publisher
  10. Abigail Moncrieff, "Safeguarding the Safeguards: The ACA Litigation and the Extension of Structural Protection to Non-Fundamental Liberties," 64 Florida Law Review 639 (2012).
  11. Abigail Moncrieff, "Transcript: The Case for National Political (Rather than State or Judicial) Regulation of Healthcare," 36 Vermont Law Review 823 (2011-12).
    HeinOnline (BU) | HeinOnline
  12. Abigail Moncrieff, "Understanding the Failure of Health-Care Exceptionalism in the Supreme Court's Obamacare Decision," 142 Chest 559 (Sep 2012).
  13. Abigail Moncrieff, "The Freedom of Health," in Symposium The New American Health Care System: Reform, Revolution, or Missed Opportunity, 159 University of Pennsylvania Law Review 2209 (2011).
    SSRN | HeinOnline (BU) | HeinOnline
  14. Abigail Moncrieff & Eric Lee, "The Positive Case for Centralization in Health Care Regulation: The Federalism Failures of the ACA," in Symposium The Role of States in Federal Health Care Reform, 20 Kansas Journal of Law & Public Policy 266 (2011).
    SSRN | HeinOnline (BU) | HeinOnline
  15. Abigail Moncrieff, "The Supreme Court's Assault on Litigation: Why (and How) It Could Be Good for Health Law," 90 Boston University Law Review 2323 (2010).
    SSRN | HeinOnline (BU) | HeinOnline
  16. Abigail Moncrieff, "A Closer Look at the Federalization Snowball," 109 Columbia Law Review Sidebar (2009).
  17. Abigail Moncrieff, "Federalization Snowballs: The Need for National Action in Medical Malpractice Reform," 109 Columbia Law Review 844 (2009).
    SSRN | HeinOnline (BU) | HeinOnline
  18. Abigail Moncrieff, "Reincarnating the 'Major Questions' Exception to Chevron Deference as a Doctrine of Non-Interference (Or Why Massachusetts v. EPA Got It Wrong)," 60 Administrative Law Review 593 (2008).
    SSRN | HeinOnline
  19. Abigail Moncrieff, "Payments to Medicaid Doctors: Interpreting the Equal Access Provision," 73 University of Chicago Law Review 673 (2006). [Comment]
    HeinOnline (BU) | HeinOnline
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