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 The European Private International Law of Employment by
Cover of the book Shakespeare and the Digital World by
Cover of the book The Political Economy of Terrorism by
Cover of the book Feynman Diagram Techniques in Condensed Matter Physics by
Cover of the book The Limits of Legal Reasoning and the European Court of Justice by
Cover of the book Narcissism and Politics by
Cover of the book The Art of Euripides by
Cover of the book Introducing Morphology by
Cover of the book Topological Methods in Group Theory by
Cover of the book The Cambridge History of the Cold War: Volume 1, Origins by
Cover of the book Adoption in the Roman World by
Cover of the book The New Cambridge History of Islam: Volume 1, The Formation of the Islamic World, Sixth to Eleventh Centuries by
Cover of the book Dynamics by
Cover of the book Warfare in African History by
Cover of the book Economic Voting 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