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Preemption Choice: The Theory, Law, and Reality of Federalism's Core Question
Preemption Choice: The Theory, Law, and Reality of Federalism's Core Question by -
Preemption Choice: The Theory, Law, and Reality of Federalism's Core Question Author: -
Title: Preemption Choice: The Theory, Law, and Reality of Federalism's Core Question
ISBN: 0521888050
ISBN13: 978-0521888059
Other Formats: mbr azw lrf doc
Pages: 336 pages
Publisher: Cambridge University Press; 1 edition (December 15, 2008)
Language: English
Category: Law
Size PDF version: 1492 kb
Size EPUB version: 1328 kb
Subcategory: Constitutional Law




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 a newly 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.