The Preemption War

When Federal Bureaucracies Trump Local Juries

By: Thomas O. McGarity

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Hardcover | 1 December 2008 | Edition Number 1

At a Glance

Hardcover
368 Pages

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2.45 x 1.67 x 0.3

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Most people are unaware of a quiet war that has been raging for the last decade in the courts, federal regulatory agencies, and Congress--a war over federal agency preemption of state common law claims. But the outcome of these battles will affect us all, says regulatory law expert Thomas O. McGarity, and consumers stand to be the biggest losers. In this comprehensive and balanced book, McGarity takes up for the first time this increasingly important subject. He shows how preemption affects the way citizens are protected from harm and companies are held accountable for damage they unlawfully cause. The book offers scholars and policymakers a full analysis of the legal and policy issues under debate, and it brings into sharp focus the impact of preemption on the lives of people involved in actual lawsuits. McGarity highlights the arguments for and against preemption and suggests guidelines for resolving difficult issues in a variety of contexts.

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You Can Find This Book In

Non-Fiction Politics & Government Central Government Law Laws of Specific Jurisdictions Legal System in General Courts & Procedure Judicial Powers Jurisprudence & General Issues Law & Society Constitutional & Administrative Law Government Powers

Preface	p. ix
Introduction	p. 1
Regulation and Liability: Two Well-Worn Routes to Consumer Protection	p. 20
The Law and Politics of Preemption	p. 45
The Preemption War in the Courts	p. 60
The Preemption War in Congress	p. 111
The Preemption War in the Federal Agencies	p. 152
Agencies, Juries, and the Public Interest	p. 179
The Case for Preemption	p. 213
The Case Against Preemption	p. 228
Ending the Preemption War	p. 246
Notes	p. 275
Index	p. 341
Table of Contents provided by Ingram. All Rights Reserved.

The Preemption War

When Federal Bureaucracies Trump Local Juries

At a Glance

Hardcover

Shipping

How to return your order

Defective items

You Can Find This Book In

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