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Preemption and Federal Administrative LawBrian D. GalleBoston College Law School Mark B. SeidenfeldFlorida State University College of Law March 4, 2009 Administrative & Regulatory Law News, Vol. 34, No. 2, 2009 FSU College of Law, Public Law Research Paper No. 359 Abstract: This is a condensed version of the authors' longer work, "Administrative Law's Federalism: Preemption, Non delegation, and Agencies at the Edge of Federal Power," Duke Law Journal, Vol. 57, p. 1933, 2008. It offers a short, accessible overview of our argument that (contra the apparent recent holding in Wyeth v. Levine) Congress should not be obliged clearly to delegate the power to preempt before an agency can exercise that power.
Number of Pages in PDF File: 5 Keywords: preemption, presumption against preemption, federalism, clear statement rule, Gregory, Wyeth, Chevron, SWANCC Accepted Paper SeriesDate posted: March 4, 2009 ; Last revised: April 19, 2009Suggested CitationContact Information
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