The Preemption War: When Federal Bureaucracies Trump Local Juries
Thomas O. McGarity
Abstract
Most people are unaware of a quiet war that has been raging for the last decade in the courts, federal regulatory agencies, and Congress—a war over federal agency preemption of state common law claims. This book argues that the outcome of these battles will affect us all, and that consumers stand to be the biggest losers. It takes up this increasingly important subject and shows how preemption affects the way citizens are protected from harm and companies are held accountable for damage they unlawfully cause. The book offers scholars and policymakers a full analysis of the legal and policy iss ... More
Most people are unaware of a quiet war that has been raging for the last decade in the courts, federal regulatory agencies, and Congress—a war over federal agency preemption of state common law claims. This book argues that the outcome of these battles will affect us all, and that consumers stand to be the biggest losers. It takes up this increasingly important subject and shows how preemption affects the way citizens are protected from harm and companies are held accountable for damage they unlawfully cause. The book offers scholars and policymakers a full analysis of the legal and policy issues under debate, and it brings into sharp focus the impact of preemption on the lives of people involved in actual lawsuits. The book highlights the arguments for and against preemption and suggests guidelines for resolving difficult issues in a variety of contexts.
Keywords:
regulatory agencies,
courts,
Congress,
common law,
consumers,
regulatory law,
preemption,
policy issues,
lawsuits,
damage
Bibliographic Information
Print publication date: 2008 |
Print ISBN-13: 9780300122961 |
Published to Yale Scholarship Online: October 2013 |
DOI:10.12987/yale/9780300122961.001.0001 |