Preemption Choice in Context

Michael Greve

George Mason University - Antonin Scalia Law School, Faculty; American Enterprise Institute (AEI)


Constitutional Commentary, Vol. 26, p. 679, 2010

Preemption law, not so long ago a province of legal technicians and policy specialists, has become the subject of an increasingly voluble and contentious debate. Intense political and interest group fights over the preemptive scope of federal law, in areas from global warming to financial regulation to consumer products, have been covered in the popular press. Preemption cases form a core part of the Roberts Court's docket of "business cases," itself a matter of considerable controversy and commentary. Scholarly books and articles on preemption have proliferated in recent years.

"Preemption Choice", a collection of essays expertly organized and edited by William W. Buzbee, promises to add to the debate and the burgeoning literature by contributing "to the development of normative arguments against preemption" (p. 3). "Development" is a bit of an exaggeration. Most of the authors have elaborated their positions against preemption elsewhere, often, and in much greater detail; the book's virtue lies in compiling concise, accessible summaries of their views.

Number of Pages in PDF File: 18

Keywords: Preemption Choice, preemption law, William W. Buzbee

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Date posted: March 11, 2012 ; Last revised: November 2, 2012

Suggested Citation

Greve, Michael, Preemption Choice in Context (2010). Constitutional Commentary, Vol. 26, p. 679, 2010. Available at SSRN: https://ssrn.com/abstract=2019206

Contact Information

Michael Greve (Contact Author)
George Mason University - Antonin Scalia Law School, Faculty ( email )
3301 Fairfax Drive
Arlington, VA 22201
United States

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American Enterprise Institute (AEI) ( email )
1150 17th Street, N.W.
Washington, DC 20036
United States
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