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2001

The Catholic University of America, Columbus School of Law

Federal Preemption

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Full-Text Articles in Law

Federal Preemption Of State Tort Claims, Marin Roger Scordato Jan 2001

Federal Preemption Of State Tort Claims, Marin Roger Scordato

Scholarly Articles and Other Contributions

This article explores a continuing disagreement among Justices of the United States Supreme Court regarding the proper doctrinal framework for federal preemption jurisprudence. This important difference in views became apparent in the four federal preemption cases that the Supreme Court decided during its 1999-2000 term. The article describes this critical disagreement among the Justices, places it in the larger context of preemption doctrine, and then carefully analyzes a number of possible resolutions.

Federal preemption is an area of enormous practical and theoretical importance. It is a subject that has earned a regular place on the Supreme Court's docket for ...