Citations (3)


Footnotes (297)



Common Law and Federalism in the Age of the Regulatory State

Alexandra B. Klass

University of Minnesota Law School

Iowa Law Review, Vol. 92, p. 545, 2007
Minnesota Legal Studies Research Paper No. 06-26

Over the past several decades, the growth of federal statutes and the rise of the regulatory state have weakened and displaced state common law even in the absence of express or implied preemption. However, there is a strong theoretical and judicial foundation on which to argue that the existence of statutes, regulations, and the data they generate should be used to inform and develop state common law rather than overshadow or displace it. Moreover, in this current age of the new federalism, such progressive common law development at the state level may be particularly timely and appropriate. This article uses these principles to provide a new perspective on the evolution of environmental law from its common law beginnings, to the flurry of federal statutes and regulations beginning in the 1970s, to present-day state and local environmental protection initiatives, and to argue for increased emphasis on state common law in modern environmental protection efforts.

Number of Pages in PDF File: 56

Keywords: Environment, Federalism, Common Law, Tort, Natural Resources, Environmental Law

JEL Classification: K11, K13, K32

Open PDF in Browser Download This Paper

Date posted: June 28, 2006  

Suggested Citation

Klass, Alexandra B., Common Law and Federalism in the Age of the Regulatory State. Iowa Law Review, Vol. 92, p. 545, 2007; Minnesota Legal Studies Research Paper No. 06-26. Available at SSRN: http://ssrn.com/abstract=912545

Contact Information

Alexandra B. Klass (Contact Author)
University of Minnesota Law School ( email )
229 19th Avenue South
Minneapolis, MN 55455
United States
612-625-0155 (Phone)

Feedback to SSRN

Paper statistics
Abstract Views: 1,781
Downloads: 254
Download Rank: 89,740
Citations:  3
Footnotes:  297

© 2016 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollobot1 in 1.375 seconds