Make Congress Speak Clearly: Federal Preemption of State Tort Remedies

Boston University Law Review, Vol. 77, p. 559, 1997

69 Pages Posted: 5 Aug 2009

See all articles by Betsy Grey

Betsy Grey

Arizona State University (ASU) - Sandra Day O'Connor College of Law

Date Written: 1997

Abstract

This Article argues that when such statutory ambiguity exists, courts should be extremely wary of finding congressional intent to preempt. The relative judicial willingness-reflected in Cipollone-to find preemption, even when Congress has not made its intent unmistakably clear, threatens to erode bedrock principles of federalism. Historically, clear statement rules have been applied to legislation that threatened to alter the constitutional balance inherent in our system of federalism. Applying these interpretive rules to preemption, courts should exercise extreme caution before disrupting important state interests that the states have spent many years developing though the common law. Few values are more central to federalism than the right of states to provide a compensatory remedy for their injured citizens.

Keywords: Compensation, preemption, remedies

Suggested Citation

Grey, Betsy, Make Congress Speak Clearly: Federal Preemption of State Tort Remedies (1997). Boston University Law Review, Vol. 77, p. 559, 1997, Available at SSRN: https://ssrn.com/abstract=1443970

Betsy Grey (Contact Author)

Arizona State University (ASU) - Sandra Day O'Connor College of Law ( email )

Box 877906
Tempe, AZ 85287-7906
United States

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