December 11, 2008 14:22 Age: 5 yrs

Buzbee Publishes New Book on Preemption Choice

Emory Law Professor William W. Buzbee is editor of a new book on the topic of preemption choice, published by Cambridge University Press. Preemption Choice: The Theory, Law and Reality of Federalism’s Core Question examines the federal government’s power to preempt the authority of state and local governments.  
 
“The issue of preemption choice is one that is roiling all three branches of the federal government, including the U.S. Supreme Court with two cases this term,” said Professor Buzbee, who wrote three chapters in the book. “For example, should California be able to take additional steps to reduce climate change risks, or should federal regulation act as a ceiling, precluding other state and local efforts? If a federal agency approves a product label, should a jury applying state tort law be able to conclude that the product was unduly dangerous? When are interactions among state, local and federal levels of government preferable to a single, federal mandate?”
 
The book features contributions from some of the nation’s top constitutional and regulatory scholars, including Emory Law Professor Robert Schapiro, who wrote one chapter.
 
“Preemption Choice is the best collection of essays ever published on the critical issue of federal preemption of state law,” said William Eskridge, John A. Garver Professor of Jurisprudence at Yale Law School. “This is must reading for any lawyer—or Supreme Court Justice—interested in federalism, preemption or regulatory policy."

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