Preemption and Federal Administrative Law
Brian D. Galle
Boston College Law School
Mark B. Seidenfeld
Florida 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
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, SWANCCAccepted Paper Series
Date posted: March 4, 2009 ; Last revised: April 19, 2009
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