Preemption and Federal Administrative Law
5 Pages Posted: 4 Mar 2009 Last revised: 19 Apr 2009
Date Written: March 4, 2009
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.
Keywords: preemption, presumption against preemption, federalism, clear statement rule, Gregory, Wyeth, Chevron, SWANCC
Suggested Citation: Suggested Citation