Democratizing the Law of Federal Preemption

Dana, David A., Northwestern University Law Review

I. INTRODUCTION

The federal courts are sometimes asked to decide whether a federal health, safety, or environmental standard preempts a stricter standard adopted by one or more states. The practical stakes for advocates of environmental and consumer protection in these cases have been high in recent years, in no small part because the executive branch and Congress have been either hostile to, or ambivalent to the point of inaction with respect to, proposals for federal standards that would impose significant costs on business. From a broader normative vantage, how the federal courts respond to preemption challenges affects how vibrant a role the states can have in democratic …

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Publication information: Article title: Democratizing the Law of Federal Preemption. Contributors: Dana, David A. - Author. Journal title: Northwestern University Law Review. Volume: 102. Issue: 2 Publication date: January 1, 2008. Page number: 507+. © Northwestern University School of Law Fall 2008. Provided by ProQuest LLC. All Rights Reserved.

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