Bridget Fahey is an Assistant Professor of Law at the University of Chicago Law School, where she teaches constitutional law and contract law, and co-coordinates the Constitutional Law Workshop. Her research focuses on the theory and practice of American federalism, especially the forms of intergovernmental interaction, joint lawmaking, and collaborative governance that challenge traditional paradigms of federal-state relations.
In her new article, Federalism Big Data, 135 Harv. L. Rev. (forthcoming 2022), she uncovers the contours of an intergovernmental market in private data collected by federal, state, and local governments, including the unorthodox cross-governmental bureaucracies that shepherd data across jurisdictional boundaries. Her prior work, Federalism by Contract, 129 Yale L.J. 2326 (2020), shows that domestic governments use contract-like instruments to structure intergovernmental programs and transact in a wide range of governmental powers and analyzes the doctrinal and theoretical puzzles that stem from this unusual form of public lawmaking. In earlier work, especially her article Consent Procedures and American Federalism, 128 Harv. L. Rev. 1561 (2015), she began to identify and theorize the federal government’s practice of using cooperative federalism programs to intervene in and reshape state and local governing processes.
Bridget graduated from the University of Chicago with a BA in Political Science in 2008 and from Yale Law School in 2014. Before joining the faculty, she was a litigator at the Washington D.C. office of WilmerHale, held a fellowship at the University of Pennsylvania Law School and was a law clerk on the D.C. Circuit and on the Supreme Court of the United States for Justice Sonia Sotomayor. Before law school, Bridget worked as a management consultant for the Boston Consulting Group in Chicago and Berlin.