Preemption Choice: The Theory, Law, and Reality of Federalism's Core Question

4.5 avg rating
( 2 ratings by Goodreads )
 
9781107402324: Preemption Choice: The Theory, Law, and Reality of Federalism's Core Question
View all copies of this ISBN edition:
 
 

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.

"synopsis" may belong to another edition of this title.

Review:

“Preemption Choice is the best collection of essays ever published on the critical issue of federal preemption of state law. This volume brings together leading scholars articulating a variety of doctrinal and theoretical points. A common theme is that the Bush Administration and the Supreme Court have undermined both federalism and good regulatory policy by heeding business demands for preemption of state common law across whole areas of law. This is must reading for any lawyer---or Supreme Court Justice---interested in federalism, preemption, or regulatory policy.”
--William Eskridge, John A. Garver Professor of Jurisprudence, Yale Law School
“Amidst the heated political battle over federal preemption, Buzbee’s deftly edited volume targets the key (and often overlooked) issues of institutional choice and regulatory design, in contexts ranging from environmental policy to product design and warnings. Buzbee and his collaborators offer formidable theoretical, doctrinal and institutional arguments against federal preemption that push the preemption debate to a higher level.”
--Catherine M. Sharkey, Professor of Law, New York University School of Law
"...truly eye-opening...a worthwhile investment...accessible...strongly recommended reading for the actual players in the federal government, serving across the legislative, executive, and judicial branches, who make the decisions regarding preemption with state and local officials and their constituents have to live..."
--Staci L. Beavers, California State University San Marcos, The Law and Politics Book Review [Vol. 19 No. 5 (May 2009)]

Book Description:

This book examines the theory, law, and reality of preemption choice. It moves logically through each preemption choice step, ranging from underlying theory to constitutional history, to preemption doctrine, and to assessment of when preemptive regimes make sense and when state regulation and common law should retain latitude for dynamism and innovation.

"About this title" may belong to another edition of this title.

Other Popular Editions of the Same Title

9780521888059: Preemption Choice: The Theory, Law, and Reality of Federalism's Core Question

Featured Edition

ISBN 10:  0521888050 ISBN 13:  9780521888059
Publisher: Cambridge University Press, 2008
Hardcover

Top Search Results from the AbeBooks Marketplace

1.

Published by CAMBRIDGE UNIVERSITY PRESS, United Kingdom (2011)
ISBN 10: 1107402328 ISBN 13: 9781107402324
New Paperback Quantity Available: 10
Print on Demand
Seller:
The Book Depository
(London, United Kingdom)
Rating
[?]

Book Description CAMBRIDGE UNIVERSITY PRESS, United Kingdom, 2011. Paperback. Condition: New. Language: English . Brand New Book ***** Print on Demand *****.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. Seller Inventory # AAV9781107402324

More information about this seller | Contact this seller

Buy New
35.24
Convert currency

Add to Basket

Shipping: FREE
From United Kingdom to U.S.A.
Destination, rates & speeds

2.

William W. Buzbee
Published by Cambridge University Press (2011)
ISBN 10: 1107402328 ISBN 13: 9781107402324
New Quantity Available: > 20
Print on Demand
Seller:
Pbshop
(Wood Dale, IL, U.S.A.)
Rating
[?]

Book Description Cambridge University Press, 2011. PAP. Condition: New. New Book. Shipped from US within 10 to 14 business days. THIS BOOK IS PRINTED ON DEMAND. Established seller since 2000. Seller Inventory # IQ-9781107402324

More information about this seller | Contact this seller

Buy New
32.41
Convert currency

Add to Basket

Shipping: 3.06
Within U.S.A.
Destination, rates & speeds

3.

Published by CAMBRIDGE UNIVERSITY PRESS, United Kingdom (2011)
ISBN 10: 1107402328 ISBN 13: 9781107402324
New Paperback Quantity Available: 10
Seller:
Book Depository International
(London, United Kingdom)
Rating
[?]

Book Description CAMBRIDGE UNIVERSITY PRESS, United Kingdom, 2011. Paperback. Condition: New. Language: English. Brand new Book. 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. Seller Inventory # AAV9781107402324

More information about this seller | Contact this seller

Buy New
36.53
Convert currency

Add to Basket

Shipping: FREE
From United Kingdom to U.S.A.
Destination, rates & speeds

4.

Buzbee, William W.
Published by Cambridge University Press (2016)
ISBN 10: 1107402328 ISBN 13: 9781107402324
New Paperback Quantity Available: 1
Print on Demand
Seller:
Ria Christie Collections
(Uxbridge, United Kingdom)
Rating
[?]

Book Description Cambridge University Press, 2016. Paperback. Condition: New. PRINT ON DEMAND Book; New; Publication Year 2016; Not Signed; Fast Shipping from the UK. No. book. Seller Inventory # ria9781107402324_lsuk

More information about this seller | Contact this seller

Buy New
33.31
Convert currency

Add to Basket

Shipping: 3.86
From United Kingdom to U.S.A.
Destination, rates & speeds

5.

ISBN 10: 1107402328 ISBN 13: 9781107402324
New Quantity Available: 5
Seller:
ReadWhiz
(Portland, OR, U.S.A.)
Rating
[?]

Book Description Condition: New. Seller Inventory # ria9781107402324_ing

More information about this seller | Contact this seller

Buy New
40.02
Convert currency

Add to Basket

Shipping: FREE
Within U.S.A.
Destination, rates & speeds

6.

Edited by William W. Buzbee
Published by Cambridge University Press (2011)
ISBN 10: 1107402328 ISBN 13: 9781107402324
New Paperback Quantity Available: 1
Seller:
Revaluation Books
(Exeter, United Kingdom)
Rating
[?]

Book Description Cambridge University Press, 2011. Paperback. Condition: Brand New. 336 pages. In Stock. Seller Inventory # __1107402328

More information about this seller | Contact this seller

Buy New
33.63
Convert currency

Add to Basket

Shipping: 7.50
From United Kingdom to U.S.A.
Destination, rates & speeds

7.

EDITED BY WILLIAM W. BUZBEE
ISBN 10: 1107402328 ISBN 13: 9781107402324
New Paperback Quantity Available: 1
Seller:
Herb Tandree Philosophy Books
(Stroud, GLOS, United Kingdom)
Rating
[?]

Book Description 2011. Paperback. Condition: NEW. 9781107402324 This listing is a new book, a title currently in-print which we order directly and immediately from the publisher. For all enquiries, please contact Herb Tandree Philosophy Books directly - customer service is our primary goal. Seller Inventory # HTANDREE0486826

More information about this seller | Contact this seller

Buy New
33.16
Convert currency

Add to Basket

Shipping: 7.98
From United Kingdom to U.S.A.
Destination, rates & speeds

8.

Published by Cambridge University Press
ISBN 10: 1107402328 ISBN 13: 9781107402324
New Paperback Quantity Available: > 20
Seller:
BuySomeBooks
(Las Vegas, NV, U.S.A.)
Rating
[?]

Book Description Cambridge University Press. Paperback. Condition: New. 336 pages. Dimensions: 9.0in. x 6.0in. x 0.7in.This book examines the theory, law, and reality of preemption choice. The Constitutions 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 a newly 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. This item ships from multiple locations. Your book may arrive from Roseburg,OR, La Vergne,TN. Paperback. Seller Inventory # 9781107402324

More information about this seller | Contact this seller

Buy New
43.88
Convert currency

Add to Basket

Shipping: FREE
Within U.S.A.
Destination, rates & speeds

9.

Buzbee, William W. [Editor]
Published by Cambridge University Press (2011)
ISBN 10: 1107402328 ISBN 13: 9781107402324
New Paperback Quantity Available: 10
Seller:
Ergodebooks
(RICHMOND, TX, U.S.A.)
Rating
[?]

Book Description Cambridge University Press, 2011. Paperback. Condition: New. Seller Inventory # INGM9781107402324

More information about this seller | Contact this seller

Buy New
42.08
Convert currency

Add to Basket

Shipping: 3.06
Within U.S.A.
Destination, rates & speeds

10.

William W. Buzbee (Editor)
Published by Cambridge University Press (2011)
ISBN 10: 1107402328 ISBN 13: 9781107402324
New Paperback Quantity Available: 1
Seller:
Ergodebooks
(RICHMOND, TX, U.S.A.)
Rating
[?]

Book Description Cambridge University Press, 2011. Paperback. Condition: New. Seller Inventory # DADAX1107402328

More information about this seller | Contact this seller

Buy New
45.69
Convert currency

Add to Basket

Shipping: 3.06
Within U.S.A.
Destination, rates & speeds

There are more copies of this book

View all search results for this book