Massey, Calvin
May 2003
Albany Law Review;2003, Vol. 66 Issue 3, p759
Academic Journal
Explores the applicability of the presumption against preemption in areas of traditional state regulation in the U.S. Problem with Congress' intervention in the Egelhoff versus Egelhoff case about the federal Employee Retirement Income Security Act of 1974; Reason for applying the presumption against preemption to agency action; Speculation on the vanishing application of the presumption against preemption.


Related Articles

  • Judicial Federalism and the Administrative States. Woolhandler, Ann; Collins, Michael G. // California Law Review;May99, Vol. 87 Issue 3, p613 

    Challenges various practices preventing review of nonfederal administrative action and its rationales. Suggestions that concern federal court interference; Background on federal courts; Relationship between federal courts and state agencies; Consideration about how the Court might address...

  • The Challenges of Federal Preemption. Frederickson, H. George // PA Times;Oct2006, Vol. 29 Issue 10, p9 

    The article presents a report "Beyond Preemption: Intergovernmental Partnerships to Enhance the New Economy" written and published by the National Academy of Public Administration in the U.S. Beyond preemption includes practical and timely suggestions for returning to a more balanced allocation...

  • Bill aims to restore federal/state rules. Shanoff // Waste Age;Nov99, Vol. 30 Issue 11, p18 

    Focuses on the legislation proposed in the United States Congress that would enhance the opportunity for state and local officials to influence the scope and effect of proposed federal laws and regulations that might conflict or preempt state and local programs. Key provisions; Potential impact...

  • The Bankruptcy Code as Complete Preemption: The Ultimate Trump? Johnson, Oleksandra // American Bankruptcy Law Journal;Winter2007, Vol. 81 Issue 1, p31 

    The article focuses on the various issues regarding the complete pre-emption doctrine in the Bankruptcy Code in the U.S. The U.S. Congress has given original and exclusive jurisdiction over � 303 cases to the federal courts in which it is already allowed to remove these cases. Applying a...

  • DEMOCRATIZING THE LAW OF FEDERAL PREEMPTION. Dana, David A. // Northwestern University Law Review;2008 Special Issue, Vol. 102 Issue 2, p507 

    The article presents information on democratizing the law of federal preemption in the U.S. A brief primer on preemption, with particular attention to the problems of the current federalism-based presumption against preemption is provided. It also develops the normative argument in favor of a...

  • MONOPHONIC PREEMPTION. Schapiro, Robert A. // Northwestern University Law Review;2008 Special Issue, Vol. 102 Issue 2, p811 

    The article presents information on the normative theory of preemption within a broader theory of federalism in the U.S. The polyphonic conception of federalism has several important implications for understading preemption. The limitations on the constitutional power of the national government...

  • EXECUTIVE PREEMPTION. Young, Ernest A. // Northwestern University Law Review;2008 Special Issue, Vol. 102 Issue 2, p869 

    The article presents information on executive preemption in the U.S. It is noted that executive preemption represents a major threat to the autonomy of a state. It is also inferred that the preemption of state regulatory authority by national law is the central issue of federalism. The states...

  • Constructing Self-Enforcing Federalism in the Early United States and Modern Russia. De Figueiredo Jr., Rui J. P.; McFaul, Michael; Weingast, Barry R. // Publius: The Journal of Federalism;Spring2007, Vol. 37 Issue 2, p160 

    All federal systems face the two fundamental dilemmas of federalism: too strong a center risks overawing the subnational units; and too weak a center risks free-riding that makes the system fall apart. Resolving the two dilemmas is problematic because mitigating one dilemma exacerbates the...

  • McCarran-Ferguson Reverse Preemption.  // Dispute Resolution Journal;Feb-Apr2012, Vol. 67 Issue 1, p92 

    The article focuses on the U.S. court case Southern Pioneer Life Ins. Co. v. Thomas, which dealt with federal preemption of state law. Topics include the Arkansas McCarran-Ferguson Act, the Arkansas Uniform Arbitration Act (AAUA), and the Federal Arbitration Act (FAA). Information is provided on...


Read the Article


Sorry, but this item is not currently available from your library.

Try another library?
Sign out of this library

Other Topics