Federal Preemption of State and Local Law

Federal Preemption of State and Local Law
Author: James T. O'Reilly
Publisher: American Bar Association
Total Pages: 252
Release: 2006
Genre: Law
ISBN: 9781590317440

Preemption is a doctrine of American constitutional law, under which states and local governments are deprived of their power to act in a given area, whether or not the state or local law, rule or action is in direct conflict with federal law. This book covers not only the basics of preemption but also focuses on such topics as federal mechanisms for agency preemption, implied forms of preemption, and defensive use of federal preemption in civil litigation.

Preemption Choice

Preemption Choice
Author: William W. Buzbee
Publisher: Cambridge University Press
Total Pages: 337
Release: 2008-12-15
Genre: Law
ISBN: 1139474812

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.

Federal Preemption

Federal Preemption
Author: Richard Allen Epstein
Publisher: A E I Press
Total Pages: 388
Release: 2007
Genre: Law
ISBN:

This book considers federalism's constitutional basis and its practical applications.

Regulatory Preemption

Regulatory Preemption
Author: United States. Congress. Senate. Committee on the Judiciary
Publisher:
Total Pages: 204
Release: 2008
Genre: Electronic government information
ISBN:

The Preemption War

The Preemption War
Author: Thomas O. McGarity
Publisher: Yale University Press
Total Pages: 367
Release: 2008-12-02
Genre: Political Science
ISBN: 0300152205

Most people are unaware of a quiet war that has been raging in the courts, federal regulatory agencies, and Congress, a war over federal agency preemption of state common law claims. This text offers scholars and policymakers a full analysis of the legal and policy issues under debate.

Foreign Affairs Federalism

Foreign Affairs Federalism
Author: Michael J. Glennon
Publisher: Oxford University Press
Total Pages: 433
Release: 2016-04-15
Genre: Law
ISBN: 0199355908

Challenging the myth that the federal government exercises exclusive control over U.S. foreign-policymaking, Michael J. Glennon and Robert D. Sloane propose that we recognize the prominent role that states and cities now play in that realm. Foreign Affairs Federalism provides the first comprehensive study of the constitutional law and practice of federalism in the conduct of U.S. foreign relations. It could hardly be timelier. States and cities recently have limited greenhouse gas emissions, declared nuclear free zones and sanctuaries for undocumented immigrants, established thousands of sister-city relationships, set up informal diplomatic offices abroad, and sanctioned oppressive foreign governments. Exploring the implications of these and other initiatives, this book argues that the national interest cannot be advanced internationally by Washington alone. Glennon and Sloane examine in detail the considerable foreign affairs powers retained by the states under the Constitution and question the need for Congress or the president to step in to provide "one voice" in foreign affairs. They present concrete, realistic ways that the courts can update antiquated federalism precepts and untangle interwoven strands of international law, federal law, and state law. The result is a lucid, incisive, and up-to-date analysis of the rules that empower-and limit-states and cities abroad.

Regulation Versus Litigation

Regulation Versus Litigation
Author: Daniel P. Kessler
Publisher: University of Chicago Press
Total Pages: 344
Release: 2011-02
Genre: Business & Economics
ISBN: 0226432181

The efficacy of various political institutions is the subject of intense debate between proponents of broad legislative standards enforced through litigation and those who prefer regulation by administrative agencies. This book explores the trade-offs between litigation and regulation, the circumstances in which one approach may outperform the other, and the principles that affect the choice between addressing particular economic activities with one system or the other. Combining theoretical analysis with empirical investigation in a range of industries, including public health, financial markets, medical care, and workplace safety, Regulation versus Litigation sheds light on the costs and benefits of two important instruments of economic policy.