Topic
Preemption
1,720 published works
Drug & Device Law
Calling For The Views Of The Solicitor General
By Bexis
We wrote last week that the Supreme Court had asked for the views of the Solicitor General as to whether the Court should grant certiorari in the vaccine preemption case…
TortsProf Blog
Eggen on Preemption
Jean Eggen (Widener) has posted on SSRN The Mature Product Preemption Doctrine: The Unitary Standard and the Paradox of Consumer Protection. Here is the abstract:The history of the U.S. Supreme…
Mass Tort Litigation Blog
Tobacco, the FDA, and Preemption
By joetort
Op-ed in today's Wall Street Journal -- Tobacco and the Tort Bar, by Mark H. Berlind. Here's an excerpt:Congress is on the verge of passing sweeping legislation that would empower…
Drug & Device Law
Supreme Court Tantalizes On Vaccine Preemption
By Bexis
Moments ago, the United States Supreme Court invited the Solicitor General to file a brief expressing the government's view on whether the Court should grant certiorari in American Home Products…
TortsProf Blog
Sharkey on Preemption and Federalism
Cathy Sharkey (NYU) has just posted Federalism Accountability: 'Agency-Forcing' Measures on SSRN. Here is the abstract:This Article takes as its starting point the “agency reference model” for judicial preemption decisions,…
Mass Tort Defense
Administration Releases Memorandum On Preemption
By Sean Wajert
The Democratic assault on the preemption doctrine has taken its next step with the release last week by the White House of a Presidential memorandum w
Constitutional Law Prof Blog
President Directs Agencies on Preemption
By ConLawProf initials at end of post
President Obama this week issued a memorandum for agency heads that restores the federalism and preemption principles in Executive Order 13132 (August 10, 1999, "Federalism," Sec. 4, "Special Requirements for…
The Contingency
Preemption Redemption
This 1974 bad boy drank 14 gallons per mile. A federal law can, and often does, set nation-wide standards. Take the old cap on speed limits. Between 1974 and 1995, the maximum…
Drug & Device Law
Administration Takes Preemptive Action
By Bexis
While we were at ALI yesterday, the administration released a presidential memorandum (technically not an Executive Order, if it makes any difference) regarding administrative agency statements regarding preemption. Not that…
Life Sciences Legal Update
President’s Statement On Preemption
By Lisa Baird
The White House Press Office just released a Memorandum for the Heads of Executive Departments and Agencies re Preemption. Regarding actions by the executive branch intended to preempt state law,…