Federal preemption : states' powers, national interests / editors, Richard A. Epstein and Michael S. Greve.

Format:

Book

Contributor:

Epstein, Richard Allen, 1943-

Greve, Michael.

Language:

English

Subjects (All):

Exclusive and concurrent legislative powers--United States.

Exclusive and concurrent legislative powers.

United States.

Federal government--United States.

Federal government.

State governments--United States.

State governments.

Physical Description:

xviii, 362 pages ; 23 cm

Place of Publication:

Washington, D.C. : AEI Press, [2007]

Summary:

When does federal law trump state law? The arcane topic of federal preemption has become the stuff of public debate and major news stories. The partisan lines are clearly drawn. On one side, consumer advocates, plaintiffs' attorneys, and state officials argue that broad federal preemption claims interfere with the states' historic police power to protect their citizens against corporate misconduct. On the other side, corporations and federal agencies maintain that preemption is a vital safeguard against unwarranted and inconsistent state interferences with the national economy and against aggressive trial lawyers and attorneys general. Fierce struggles along these lines dominate the political debate, judicial decisions, and legal commentary in a wide range of regulatory arenas, from financial regulation to automobile safety; from clean air laws to the regulation of telecommunications, energy, and other network industries; from securities law to consumer products standards; from pharmaceutical drugs to pesticides to outboard motors. In all these areas, billions of dollars hang on regulatory nuances and arcane points of legal interpretation. The preemption debate is also being waged in the shadow of broader, sometimes constitutional arguments concerning the role and utility of federalism and "states' rights" in a modern, highly mobile, integrated economy. Legal scholars are sharply divided over both the substance of those arguments and the extent to which they should dominate economic considerations or statutory language. What the preemption debate needs is an examination that reflects the delicate interplay between our constitutional structure and the details of specific regulations. In Federal Preemption: States' Powers, National Interests, Richard A. Epstein and Michael S. Greve, two leading scholars in the field of preemption, have assembled an exceptional group of prominent legal scholars and practicing attorneys for a probing analysis and spirited discussion of these difficult issues. The vo

Contents:

Federal displacement of state law : the nineteenth-century view / Viet C. Dinh

The breadth vs. the depth of Congress's commerce power : the curious history of preemption during the Lochner era / Stephen A. Gardbaum

The case for FDA preemption / Daniel E. Troy

Federal preemption in cellular phone regulation / Thomas W. Hazlett

Federalism and financial regulation / Hal S. Scott

Preemption in environmental law : formalism, federalism theory, and default rules / Thomas W. Merrill

Supreme Court preemption : the contested middle ground of products liability / Samuel Issacharoff & Catherine M. Sharkey

The problem of federal preemption : toward a formal solution / Robert R. Gasaway & Ashley C. Parrish

Federal preemption and state autonomy / Ernest A. Young

Supremacy and preemption : a view from Europe / Anne van Aaken.

Notes:

Includes bibliographical references and index.

ISBN:

9780844742540

0844742546

OCLC:

122974327