Description: Preemption Choice: The Theory, Law, and Reality of Federalism's Core QuestionEdited by William W. Buzbee Cambridge University Press Hardcover Unused and unread, minor cosmetic imperfections such as scuffing or minor creasing. Stamped 'damaged' by publisher to a non-text page. EAN: 9780521888059 Published 09/04/2009 Language: English This book examines the theory, law, and reality of preemption choice. The Constitution's federalist structures protect states' sovereignty but also create a powerful federal government that can preempt and thereby displace the authority of state and local governments and courts to respond to a social challenge. Despite this preemptive power, Congress and agencies have seldom preempted state power. Instead, they typically have embraced concurrent, overlapping power. Recent legislative, agency, and court actions, however, reveal an aggressive use of federal preemption, sometimes even preempting more protective state law. Preemption choice fundamentally involves issues of institutional choice and regulatory design: should federal actors displace or work in conjunction with other legal institutions? This book moves logically through each preemption choice step, ranging from underlying theory to constitutional history, to preemption doctrine, to assessment of when preemptive regimes make sense and when state regulation and common law should retain latitude for dynamism and innovation. Part I. Federalism Theory, History, and Pre-emption Variables 1. Preemption and theories of federalism Robert Verchick and Nina Mendelson 2. From dualism to polyphony Robert A. Schapiro 3. Preemption and regulatory failure risks David C. Vladeck Part II. The Layered Government Norm 4. The State Attorney General and preemption Trevor W. Morrison 5. Federal floors, ceilings, and the benefits of federalism's institutional diversity William W. Buzbee Part III. Judicial Treatment and Interpretative Choice 6. Supreme Court preemption doctrine Chris Schroeder 7. When Congress goes unheard savings clauses' rocky judicial reception Sandy Zellmer 8. Federal pre-emption by inaction Robert L. Glicksman 9. Process-based preemption Bradford R. Clark 10. Preemption by federal agency action William Funk Part IV. Preemption Tales from the Field 11. The regulation-common law feedback loop in non-preemptive regimes Thomas O. McGarity 12. Delegated federalism versus devolution some insights from the history of the water pollution control William L. Andreen 13. Adaptive environmental federalism David E. Adelman and Kirsten H. Engel Conclusion the menu of preemption choice variables William W. Buzbee. DispatchIn stock here - same-day dispatch from England. My SKU: 3266823RefundsNo-hassle refunds are always available if your book is not as expected.Terms and Conditions of SaleSorry - no collections. All sales are subject to extended Terms and Conditions of Sale as well as the Return Policy and Payment Instructions. Visit my eBay Store for details andmany more books. Template layout and design, "JNC Academic Books", "needbooks", Copyright © JNC INC. Designated trademarks, layouts and brands are the property of their respective owners. All Rights Reserved.
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Title: Preemption Choice: The Theory, Law, and Reality of Federalism's C
ISBN: 0521888050
Pages: 336
Number of Pages: 336 Pages
Language: English
Publication Name: Preemption Choice: the Theory, Law, and Reality of Federalism's Core Question
Publisher: Cambridge University Press
Publication Year: 2008
Item Height: 229 mm
Item Weight: 540 g
Type: Textbook
Author: William W. Buzbee
Subject Area: Constitutional Law
Item Width: 152 mm
Format: Hardcover
