Books > Social sciences > Politics & government > Political structure & processes > Constitution, government & the state
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Federal Preemption - States' Powers, National Interests (Paperback)
Loot Price: R408
Discovery Miles 4 080
You Save: R121
(23%)
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Federal Preemption - States' Powers, National Interests (Paperback)
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List price R529
Loot Price R408
Discovery Miles 4 080
You Save R121 (23%)
Supplier out of stock. If you add this item to your wish list we will let you know when it becomes available.
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When does federal law trump state law? The arcane topic of federal
preemption has become the stuff of public debate and major news
stories. The partisan lines are clearly drawn. On one side,
consumer advocates, plaintiffs' attorneys, and state officials
argue that broad federal preemption claims interfere with the
states' historic police power to protect their citizens against
corporate misconduct. On the other side, corporations and federal
agencies maintain that preemption is a vital safeguard against
unwarranted and inconsistent state interferences with the national
economy and against aggressive trial lawyers and attorneys general.
Fierce struggles along these lines dominate the political debate,
judicial decisions, and legal commentary in a wide range of
regulatory arenas, from financial regulation to automobile safety;
from clean air laws to the regulation of telecommunications,
energy, and other network industries; from securities law to
consumer products standards; from pharmaceutical drugs to
pesticides to outboard motors. In all these areas, billions of
dollars hang on regulatory nuances and arcane points of legal
interpretation. The preemption debate is also being waged in the
shadow of broader, sometimes constitutional arguments concerning
the role and utility of federalism and states' rights" in a modern,
highly mobile, integrated economy. Legal scholars are sharply
divided over both the substance of those arguments and the extent
to which they should dominate economic considerations or statutory
language. What the preemption debate needs is an examination that
reflects the delicate interplay between our constitutional
structure and the details of specific regulations. In Federal
Preemption: States' Powers, National Interests, Richard A. Epstein
and Michael S. Greve, two leading scholars in the field of
preemption, have assembled an exceptional group of prominent legal
scholars and practicing attorneys for a probing analysis and
spirited discussion of these difficult issues. The vo
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