The preemption defense in tort actions : law, strategy and practice / Alan E. Untereiner.
2008
KF1250 .U57 2008 (Mapit)
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Title
The preemption defense in tort actions : law, strategy and practice / Alan E. Untereiner.
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Imprint
Washington, D.C. (1615 H. Street NW, Washington 20062-2000) : U.S. Chamber Institute for Legal Reform, [2008]
Copyright
©2008
Description
xiii, 357 pages ; 23 cm
Formatted Contents Note
Introduction
Basic concepts of modern preemption law
A short history of federal preemption law
The reach of federal preemption today
Understanding and handling the Supreme Court's recent case law
The "defensive" big picture-federalism, institutional competence, and compensation for injured persons
The "affirmative" big picture-regulatory uniformity, unified national markets, deregulation, and expert federal regulators
Express preemption : the rules of construction
The meaning and function of "savings" clauses
Express preemption-recurring arguments
Special issues raised by "labeling" preemption clauses
Implied preemption
Administrative agencies and preemption
Conclusion.
Basic concepts of modern preemption law
A short history of federal preemption law
The reach of federal preemption today
Understanding and handling the Supreme Court's recent case law
The "defensive" big picture-federalism, institutional competence, and compensation for injured persons
The "affirmative" big picture-regulatory uniformity, unified national markets, deregulation, and expert federal regulators
Express preemption : the rules of construction
The meaning and function of "savings" clauses
Express preemption-recurring arguments
Special issues raised by "labeling" preemption clauses
Implied preemption
Administrative agencies and preemption
Conclusion.
Location
STA
Call Number
KF1250 .U57 2008
Language
English
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