Most people are unaware of a quiet war that has been raging for the last decade in the courts, federal regulatory agencies, and Congress--a war over federal agency preemption of state common law claims. But the outcome of these battles will affect us all, says regulatory law expert Thomas O. McGarity, and consumers stand to be the biggest losers. In this comprehensive and balanced book, McGarity takes up for the first time this increasingly important subject. He shows how preemption affects the way citizens are protected from harm and companies are held accountable for damage they unlawfully cause. The book offers scholars and policymakers a full analysis of the legal and policy issues under debate, and it brings into sharp focus the impact of preemption on the lives of people involved in actual lawsuits. McGarity highlights the arguments for and against preemption and suggests guidelines for resolving difficult issues in a variety of contexts.Terril Yue Jones, Ford Plans to Replace More SUV, Truck Tires, Los Angeles Times, May 22, 2001, at A1; Bill Vlasic, Tire Recalls, Tragedies ... The Ford Explorer description is drawn from Keith Bradsher, High and Mighty 323a24( 2002); Davan Maharaj aamp; Myron Levin, ... The Bridgestone/Firestone tire story is drawn from John Oa#39;Dell, Tire Recall Has Brought Many Changes in the Name of Secrecy, Losanbsp;...
|Title||:||The Preemption War|
|Author||:||Thomas O. McGarity|
|Publisher||:||Yale University Press - 2014-05-14|