Balkinization  

Friday, March 23, 2012

Henry and Stearns: Game Theory and Health Care

Mark Graber

Leslie Henry and Maxwell Stearns, my wonderful colleagues, have an important and timely essay forthcoming in the Georgetown Law Journal using game theory to analyze and defend the constitutionality of the Affordable Care Act (Leslie is an expert on public health, Max is the author of the leading work on game theory and the law). You can read a short version of the piece here. The longer essay, "Commerce Games and the Individual Mandate," can be found here.

The essay is well worth the read. To begin with, any paper that promises to explain how such games as "the battle of the sexes" explains commerce clause doctrine is worth a look for that reason only. More important, Leslie and Max, by combining policy and game theory expertise are able to explore in fascinating ways the circumstances under which such matters as the death penalty, abortion funding, same sex marriage, and health care require uniform national solutions or are best regulated by individual states. All told a very exciting piece at a crucial moment in American constitutional politics.

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