Judicial Deference and Regulatory Preemption by Federal Agencies

25 Pages Posted: 11 Apr 2010 Last revised: 19 Apr 2010

Date Written: April 9, 2010

Abstract

This Article describes the state of the law as it currently exists regarding judicial review of preemption claims associated with agency regulations, especially in light of three preemption decisions by the Supreme Court in its October 2008 term - Wyeth v. Levine, Altria Group, Inc. v. Good, and Cuomo v. Clearing House Ass’n. The Article then suggests how courts should assess claims of preemption of state law associated with federal agency regulations.

Suggested Citation

Funk, William F., Judicial Deference and Regulatory Preemption by Federal Agencies (April 9, 2010). Tulane Law Review, Vol. 84, No. 1233, 2010; Lewis & Clark Law School Legal Studies Research Paper No. 2010-10. Available at SSRN: https://ssrn.com/abstract=1586955

William F. Funk (Contact Author)

Lewis & Clark Law School ( email )

10015 S.W. Terwilliger Blvd.
Portland, OR 97219-7799
United States
503-768-6606 (Phone)
503-768-6671 (Fax)

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