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Borrowing Help - Using Conflicts Of Law To Aid Clients And Lawyers, Susan Franck
Borrowing Help - Using Conflicts Of Law To Aid Clients And Lawyers, Susan Franck
Articles in Law Reviews & Other Academic Journals
A colleague from another law firm calls you on the phone. He has a client with a clear-cut personal injury case, but, as a result of his failure to mark the critical date down in his calendar, the statute of limitations has expired. It is a lawyer's worst nightmare. What can be done to salvage the case and still provide an opportunity to help the injured client?
Rex Travis, an attorney in Oklahoma City, OK, received a phone call somewhat like this, hypothetically. Rex had an ace up his sleeve. He knew something that might remedy the damage and provide …
Preemption In The Rehnquist Court: A Preliminary Empirical Assessment, Michael S. Greve, Jonathan Klick
Preemption In The Rehnquist Court: A Preliminary Empirical Assessment, Michael S. Greve, Jonathan Klick
All Faculty Scholarship
The federal preemption of state law has emerged as a prominent field of study for legal scholars and political scientists. This rise to prominence of a technical and often dull field of jurisprudence is due to a number of developments-increasingly frequent federal statutory preemptions; the states' unprecedented aggressiveness in regulating business transactions, the expansion of corporate liability under state common law and the increased resort of corporate defendants to federal preemption defenses; and, not least, the Rehnquist Court's discovery of federalism and states' rights.
Unfortunately, the preemption debate has been marred by misperceptions and a lack of reliable data. Extravagant …