Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
Body Of Preemption: Health Law Traditions And The Presumption Against Preemption, Elizabeth Mccuskey
Body Of Preemption: Health Law Traditions And The Presumption Against Preemption, Elizabeth Mccuskey
Faculty Scholarship
Preemption plays a prominent role in health law, establishing the contours of coexistence for federal and state regulatory authorities over health topics as varied as medical malpractice, insurance coverage, drug safety, and privacy. When courts adjudicate crucial preemption questions, they must divine Congress's intent by applying substantive canons of statutory interpretation, including presumptions against preemption.
This Article makes three main contributions to health law and preemption doctrine. First, it identifies a variant of the presumption against preemption that applies to health laws-referred to throughout as the "tradition presumption." Unlike the general presumption against preemption on federalism grounds, courts base this …
The Local Turn; Innovation And Diffusion In Civil Rights Law, Olatunde C.A. Johnson
The Local Turn; Innovation And Diffusion In Civil Rights Law, Olatunde C.A. Johnson
Faculty Scholarship
Is the future of civil rights subnational? If one is looking for civil rights innovation, much of this innovation might be happening through legislation, regulatory frameworks, and policies adopted by state and local governments. In recent years, states and cities have adopted legislation banning discrimination in housing based on the source of an individual's income, regulating the consideration of arrest or conviction in employment decisions, and prohibiting discrimination in employment based on an applicant's credit history.
This deployment of subnational power is not new to civil rights. Many of the laws and regulatory frameworks that are now core to the …