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The Case for Preemption

Thomas O. McGarity

in The Preemption War: When Federal Bureaucracies Trump Local Juries

Published in print:
2008
Published Online:
October 2013
ISBN:
9780300122961
eISBN:
9780300152203
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300122961.003.0008
Subject:
Law, Company and Commercial Law

This chapter explores the arguments that advocates of federal preemption rely upon to support their position in the preemption war. In addition to considering the obvious need to avoid direct ... More


Agencies, Juries, and the Public Interest

Thomas O. McGarity

in The Preemption War: When Federal Bureaucracies Trump Local Juries

Published in print:
2008
Published Online:
October 2013
ISBN:
9780300122961
eISBN:
9780300152203
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300122961.003.0007
Subject:
Law, Company and Commercial Law

This chapter focuses exclusively on the question of institutional competence, and the two chapters that follow examine the other arguments for and against preemption. Among other things, this chapter ... More


OTS and OCC Power Grab

Kathleen C. Engel and Patricia A. McCoy

in The Subprime Virus: Reckless Credit, Regulatory Failure, and Next Steps

Published in print:
2011
Published Online:
April 2015
ISBN:
9780195388824
eISBN:
9780190258535
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780195388824.003.0008
Subject:
Business and Management, Political Economy

As predatory lenders swept the country, states and cities responded to Washington's inaction by passing their own anti-predatory lending laws. Lenders, worried about potential liability, quickly ... More


The Judicial Gloss

Thomas E. Carbonneau

in Toward a New Federal Law on Arbitration

Published in print:
2014
Published Online:
December 2014
ISBN:
9780199965519
eISBN:
9780199366927
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199965519.003.0004
Subject:
Law, Public International Law

The U.S. Supreme Court has developed an extensive decisional law on arbitration. The FAA's early enactment prevented it from incorporating major developments in the area of arbitration. The Court's ... More


Federal Powers

Kent Greenawalt

in Interpreting the Constitution

Published in print:
2015
Published Online:
October 2015
ISBN:
9780199756155
eISBN:
9780190297527
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199756155.003.0008
Subject:
Law, Constitutional and Administrative Law

This chapter treats issues somewhat similar to those between the branches of the federal government, but here involving the powers of the federal government and states. Here, a basic difference ... More


Unionism, Law, and the Collective Struggle for Economic Justice

Marion G. Crain and Ken Matheny

in Working and Living in the Shadow of Economic Fragility

Published in print:
2014
Published Online:
December 2014
ISBN:
9780199988488
eISBN:
9780190218249
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199988488.003.0006
Subject:
Social Work, Social Policy, Research and Evaluation

Labor unions play a vital role in ensuring an equitable distribution of wealth by increasing the share of corporate profits that go to workers. The decline in union membership and influence in the ... More


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