Article by William Funk
This Article will attempt to describe the state of the law as it currently exists relating to preemption associated with agency regulations, especially in light of three preemption decisions by the Supreme Court in its October 2008 term—Wyeth v. Levine, Altria Group, Inc. v. Good, and Cuomo v. Clearing House Ass'n. The Article will then suggest how courts should assess claims of preemption of state law associated with federal agency regulations.
About the Author
William Funk. Robert E. Jones Professor of Law, Lewis & Clark Law School. B.A., Harvard College; J.D., Columbia Law School.
Citation
84 Tul. L. Rev. 1233 (2010)