During their first year of law school, students are taught some eternal verities. One of them is that America’s federal system consists of fifty states, each governed only by its own law and not by the law of any other state. Overlying this state law tapestry is a system of… Read More »
Federal preemption of state tort law is a multifaceted topic. In Federalism Accountability: “Agency-Forcing” Measures, I tackle the federalism dimension of the contentious preemption debate: Congress’s and federal agencies’ respective abilities to serve as loci of meaningful debate with state governmental entities about the impact of federal regulatory schemes on… Read More »
With the election of Barack Obama as President, national and global attention on climate change will turn to the federal government. Though the looming economic crisis may slow a federal response, President Obama has made clear his support for ambitious action on climate change with a cap and trade scheme… Read More »