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The Preemption War
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The Preemption War: When Federal Bureaucracies Trump Local Juries

Thomas O. McGarity

Abstract

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. This book argues that the outcome of these battles will affect us all, and that consumers stand to be the biggest losers. It takes up this increasingly important subject and 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 iss ... More

Keywords: regulatory agencies, courts, Congress, common law, consumers, regulatory law, preemption, policy issues, lawsuits, damage

Bibliographic Information

Print publication date: 2008 Print ISBN-13: 9780300122961
Published to University Press Scholarship Online: October 2013 DOI:10.12987/yale/9780300122961.001.0001

Authors

Affiliations are at time of print publication.

Thomas O. McGarity, author