Preemption Choice in Context

Abstract

Preemption law, not so long ago a province of legal technicians and policy specialists, has become the subject of an increasingly voluble and contentious debate. Intense political and interest group fights over the preemptive scope of federal law, in areas from global warming to financial regulation to consumer products, have been covered in the popular press. Preemption cases form a core part of the Roberts Court's docket of "business cases," itself a matter of considerable controversy and commentary. Scholarly books and articles on preemption have proliferated in recent years.

"Preemption Choice", a collection of essays expertly organized and edited by William W. Buzbee, promises to add to the debate and the burgeoning literature by contributing "to the development of normative arguments against preemption" (p. 3). "Development" is a bit of an exaggeration. Most of the authors have elaborated their positions against preemption elsewhere, often, and in much greater detail; the book's virtue lies in compiling concise, accessible summaries of their views.

Keywords: Preemption Choice, preemption law, William W. Buzbee