The Supreme Court in Barnett articulated the “prevents or significantly interferes” preemption standard twice in consecutive sentences and in precisely parallel terms. Congress expressly incorporated ...

Pfizer is gearing up for a federal preemption defense, its first fight designed to wipe out more than 400 lawsuits over ...

If the proceedings go to a conclusion and an offense is found, the judge will impose a jail sentence and/or a fine ... border crossings in decades. Does preemption apply when the administration ...

With the resignation of Pentagon adviser Richard Perle a few days ago, the Bush administration lost one of its most visible, most vocal spokesmen not only for the war in Iraq, but for similar ...

The decision splits with the Ninth and Eleventh Circuits, which rejected Monsanto’s preemption arguments in earlier Roundup cases. The litigation around Monsanto’s blockbuster herbicide ...

Two recent articles in the Dispatch address how the gun lobby has relied on “preemption” to prevent local governments in Ohio and throughout the nation from enacting reasonable gun safety ...

Abstract: Despite some concerns to the contrary, federal preemption properly applied does not conflict with federalism. In fact, the two are quite compatible and can work together to ensure that ...