TITLE

"JOLTIN' JOE HAS LEFT AND GONE AWAY": THE VANISHING PRESUMPTION AGAINST PREEMPTION

AUTHOR(S)
Massey, Calvin
PUB. DATE
May 2003
SOURCE
Albany Law Review;2003, Vol. 66 Issue 3, p759
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
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.
ACCESSION #
10528519

 

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