The Preemption War
When Federal Bureaucracies Trump Local Juries
By (author) Thomas O. McGarity
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Preemption War by Thomas O. McGarity
Book DescriptionMost 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.
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Book DetailsISBN: 9780300122961
(235mm x 156mm x 28mm)
Imprint: Yale University Press
Publisher: Yale University Press
Publish Date: 14-Nov-2008
Country of Publication: United States
Books By Author Thomas O. McGarity
Freedom to Harm, Hardback (April 2013)
Looks at America's succession of "laissez-faire revivals" that show how anti-regulatory business crusades harm public safety and economic performance with a look at the Gilded Age, from the late 1800s to the early 1900s; the Laissez-Faire Revival of the mid-1960s to mid-1970s; and the tenure of the George W Bush administration.
Bending Science, Paperback (March 2010)
What do we know about the possible poisons that industrial technologies leave in our air and water? How reliable is the science that federal regulators and legislators use to protect the public from dangerous products? This book shows that ideological or economic attacks on research are part of an extensive pattern of abuse.
Reinventing Rationality, Paperback (November 2005)» View all books by Thomas O. McGarity
An analysis and critique of regulatory reform in the US federal bureaucratic system.
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Author Biography - Thomas O. McGarity
Thomas O. McGarity is Joe R. and Teresa Lozano Long Endowed Chair in Administrative Law, University of Texas School of Law. He lives in Austin.
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