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. But the outcome of these battles will affect us all, says
regulatory law expert Thomas O. McGarity, and consumers stand to be
the biggest losers. In this comprehensive and balanced book,
McGarity takes up for the first time this increasingly important
subject. He 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. McGarity highlights the
arguments for and against preemption and suggests guidelines for
resolving difficult issues in a variety of contexts.
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