Judicial Deference and Regulatory Preemption by Federal Agencies
Document Type
Article
Publication Title
Tulane Law Review
Journal Abbreviation
Tul. L. Rev.
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.
First Page
1223
Last Page
1256
Publication Date
2010
Recommended Citation
William Funk,
Judicial Deference and Regulatory Preemption by Federal Agencies,
84
Tul. L. Rev.
1223
(2010).
Available at:
https://lawcommons.lclark.edu/faculty_articles/232