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Supreme Court Economic Review is an interdisciplinary journal that
seeks to provide a forum for scholarship in law and economics,
public choice, and constitutional political economy. Its approach
is broad-ranging and contributions employ explicit or implicit
economic reasoning for the analysis of legal issues, with special
attention to Supreme Court decisions, judicial process, and
institutional design.
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
For well over two centuries, the United States Constitution has
served as a charter for a free, democratic government and for a
country that has risen from a dicey political experiment to an
economic and political superpower. In the history of the world,
there is nothing like it. In The Constitution: Understanding
America s Founding Document, Michael S. Greve explains how to think
seriously about the United States Constitution and constitutions in
general. What are constitutions supposed to do, and what can they
accomplish? Why was the specific form of the Constitution including
both its structure and its rights catalogue so important? Why is
the Constitution so difficult to amend? Greve provides a fresh
perspective on the Constitution s structure and our enduring
constitutional controversies, from federalism and the separation of
powers to slavery, civil rights, and the administrative state.
The essays in this volume challenge the widespread belief that
the government's environmental policies, unlike those in other
areas, are drafted and implemented for the public good and
genuinely seek to effect a cleaner environment. The contributors
demonstrate through seven important cases that there are strong
reasons to reconsider the present command and control approach to
environmental policy. They argue that policies and programs are
often designed to address political and economic objectives dear to
power centers and interest groups. The authors seek to force a
critique of present policies and programs and to contribute to the
making of an environmental policy more authentically in the
public's interest. To that end, the work analyzes the role of
organized interests and political institutions in environmental
policies, what their rationales may be, and what impact they have
on the public welfare.
The book provides specific case studies of clean air
legislation, biotechnology regulation, Superfund, pollution
deadlines, citizen suits, and international environmental
regulation. The work constitutes a most timely, well-informed, and
persuasive argument for more reliance on other sources than just
central government to reduce risk and to enhance environmental
well-being.
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