Law Commons^™

Preemption & The Regulatory Paradigm In The Roberts Court, Christina E. Wells, William E. Marcantel, Dave Winters

Faculty Publications

This short article first examines the Court's general preemption doctrine, including relevant criticisms. It then details the rise of the regulatory paradigm in the Supreme Court's cases, especially as it culminates in the Roberts Court's reliance on it. Finally, it examines potential implications of increasing reliance on that paradigm, including manipulation of preemption doctrine by judges, continued deference to agency officials' decisions to preempt, and adverse effects on individual tort plaintiffs.