Some Reflections On Contracts And Torts In Cyberspace In View Of Regulations Rome I And Rome Ii,
2009
Lund University
Some Reflections On Contracts And Torts In Cyberspace In View Of Regulations Rome I And Rome Ii, Michael Bogdan
Michael Bogdan
No abstract provided.
Winterthouhgts,
2009
Lund University
Chevron's Sliding Scale In Wyeth V. Levine, 129 S. Ct. 1187 (2009),
2009
Harvard Law School
Chevron's Sliding Scale In Wyeth V. Levine, 129 S. Ct. 1187 (2009), Gregory M. Dickinson
Gregory M Dickinson
In Wyeth v. Levine the Supreme Court once again failed to reconcile the interpretive presumption against preemption with the sometimes competing Chevron doctrine of deference to agencies' reasonable statutory interpretations. Rather than resolve the issue of which principle should govern where the two principles point toward opposite results, the Court continued its recent practice of applying both principles halfheartedly, carving exceptions, and giving neither its proper weight.
This analysis situates Wyeth within the larger framework of the Court's recent preemption decisions in an effort to explain the Court's hesitancy to resolve the conflict. The analysis concludes that the Court, motivated …
