This Essay has two goals. The first is to present an economic theory of preemption as a choice among regulatory regimes. The optimal regime choice model is used to generate specific implications for the court decisions on preemption of products liability claims. The second objective is to extrapolate from the regime choice model to consider its implications for broader controversies about preemption
This article explores a continuing disagreement among Justices of the United States Supreme Court re...
A mere five years ago, the Food and Drug Administration (the FDA ) began, for the first time in its...
This article presents an empirical analysis of the Rehnquist Court’s and the Roberts Court’s decisio...
This Essay has two goals. The first is to present an economic theory of preemption as a choice among...
Book review: Preemption choice: the theory, law, and reality of Federalism\u27s core question. Willi...
In a large number of products liability lawsuits, sellers assert that plaintiffs\u27 claims should b...
Book review: Preemption choice: the theory, law, and reality of Federalism's core question. William ...
This Article provides a brief explanation of the state of preemption doctrine and explains how the C...
This short article first examines the Court\u27s general preemption doctrine, including relevant cri...
Part I of this article examines the preemption doctrine while Part II explores the development of th...
Conflicts scholars and jurists for centuries have sought an answer to the question of what law cont...
This article shall attempt to trace the twists and turns of Supreme Court preemption jurisprudence. ...
One can hardly dispute that preemption issues are complex and highly nuanced, involving both federal...
Intuition suggests that preemption is a constitutional issue-when we ask whether a state law has bee...
Public law scholarship is increasingly turning from questions about the content of law to questions ...
This article explores a continuing disagreement among Justices of the United States Supreme Court re...
A mere five years ago, the Food and Drug Administration (the FDA ) began, for the first time in its...
This article presents an empirical analysis of the Rehnquist Court’s and the Roberts Court’s decisio...
This Essay has two goals. The first is to present an economic theory of preemption as a choice among...
Book review: Preemption choice: the theory, law, and reality of Federalism\u27s core question. Willi...
In a large number of products liability lawsuits, sellers assert that plaintiffs\u27 claims should b...
Book review: Preemption choice: the theory, law, and reality of Federalism's core question. William ...
This Article provides a brief explanation of the state of preemption doctrine and explains how the C...
This short article first examines the Court\u27s general preemption doctrine, including relevant cri...
Part I of this article examines the preemption doctrine while Part II explores the development of th...
Conflicts scholars and jurists for centuries have sought an answer to the question of what law cont...
This article shall attempt to trace the twists and turns of Supreme Court preemption jurisprudence. ...
One can hardly dispute that preemption issues are complex and highly nuanced, involving both federal...
Intuition suggests that preemption is a constitutional issue-when we ask whether a state law has bee...
Public law scholarship is increasingly turning from questions about the content of law to questions ...
This article explores a continuing disagreement among Justices of the United States Supreme Court re...
A mere five years ago, the Food and Drug Administration (the FDA ) began, for the first time in its...
This article presents an empirical analysis of the Rehnquist Court’s and the Roberts Court’s decisio...