Preemption Choice

The Theory, Law, and Reality of Federalism's Core Question

Nonfiction, Reference & Language, Law, Social & Cultural Studies, Political Science
Cover of the book Preemption Choice by , Cambridge University Press
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: ISBN: 9780511737336
Publisher: Cambridge University Press Publication: December 15, 2008
Imprint: Cambridge University Press Language: English
Author:
ISBN: 9780511737336
Publisher: Cambridge University Press
Publication: December 15, 2008
Imprint: Cambridge University Press
Language: English

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.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

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.

More books from Cambridge University Press

Cover of the book Eurojihad by
Cover of the book Writing in the Environmental Sciences by
Cover of the book British Plant Communities: Volume 2, Mires and Heaths by
Cover of the book Performing Early Modern Drama Today by
Cover of the book Remedies in Australian Private Law by
Cover of the book Local Group Cosmology by
Cover of the book Trade and Civilisation by
Cover of the book M. I. Finley by
Cover of the book Expressivism, Pragmatism and Representationalism by
Cover of the book Theologies of Ancient Greek Religion by
Cover of the book Practical Philosophy by
Cover of the book The Prevention Principle in International Environmental Law by
Cover of the book Women and Mass Consumer Society in Postwar France by
Cover of the book What's Wrong with the First Amendment by
Cover of the book The Voyage of Thought by
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy