Preemption Paradox

The two recent Supreme Court decisions in <i>Riegel</i> and <i>Altria Group</i> are difficult to reconcile in fundamental ways, and, consequently, they did little to provide meaningful guidance to litigants and lower courts.

32 minute read July 29, 2009 at 07:47 AM

J. Christopher Allen, JR.

For many Supreme Court observers, 2008 dawned with hope ' perhaps not HOPE on the order of Grant Park on election night, but hope nevertheless. Four separate preemption cases were among the ranks of the Court's docket.

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