Preemption choice : the theory, law, and reality of federalism's core question / edited by William W. Buzbee.

Format:

Book

Contributor:

Buzbee, William W., 1960- editor.

Language:

English

Subjects (All):

Exclusive and concurrent legislative powers--United States.

Exclusive and concurrent legislative powers.

United States.

Physical Description:

1 online resource (xv, 319 pages) : digital, PDF file(s)

Place of Publication:

Cambridge : Cambridge University Press, 2009.

System Details:

text file

PDF

Summary:

This book examines the theory, law, and reality of preemption choice. The Constitution's federalist structures protect states' sovereignty but also create a powerful federal government that can preempt and thereby displace the authority of state and local governments and courts to respond to a social challenge. Despite this preemptive power, Congress and agencies have seldom preempted state power. Instead, they typically have embraced concurrent, overlapping power. Recent legislative, agency, and court actions, however, reveal an aggressive use of federal preemption, sometimes even preempting more protective state law. Preemption choice fundamentally involves issues of institutional choice and regulatory design: should federal actors displace or work in conjunction with other legal institutions? This book moves logically through each preemption choice step, ranging from underlying theory to constitutional history, to preemption doctrine, to assessment of when preemptive regimes make sense and when state regulation and common law should retain latitude for dynamism and innovation.

Contents:

Preemption and theories of federalism / Robert R.M. Verchick and Nina Mendelson

From dualism to polyphony / Robert A. Schapiro

Preemption and regulatory failure risks / David C. Vladeck

The state attorney general and preemption / Trevor W. Morrison

Federal floors, ceilings, and the benefits of federalism's institutional diversity / William W. Buzbee

Supreme Court preemption doctrine / Christopher H. Schroeder

When Congress goes unheard : savings clauses' rocky judicial reception / Sandi Zellmer

Federal preemption by inaction / Robert L. Glicksman

Process-based preemption / Bradford R. Clark

Preemption by federal agency action / William Funk

The regulation

common law feedback loop in non-preemptive regimes / Thomas O. McGarity

Delegated federalism versus devolution : some insights from the history of the water pollution control / William L. Andreen

Adaptive environmental federalism / David E. Adelman and Kirsten H. Engel

Conclusion : the menu of preemption choice variables / William W. Buzbee.

Notes:

Title from publisher's bibliographic system (viewed on 05 Oct 2015).

Other Format:

Print version:

ISBN:

9780511552007

Access Restriction:

Restricted for use by site license.