Abstract
This Article exposes a major weakness in pre-emption law: the evisceration of the historical presumption against pre-emption of traditional state law domains by the United States Supreme Court. Even though the presumption was generated by federalism principles that recognize the importance of state law in some significant instances, and even though the Supreme Court purports to recognize that importance, the presumption has been disregarded, making state tort law extremely vulnerable to override. This Article argues for a bright-line approach that would protect state tort claims from easy pre-emption and that would restore the federal-state balance.
How to Cite
40 Ariz. L. Rev. 1379 (1998)
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