The Constitutional Preemption Warrior
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Federal law is the supreme law of the land — and when federal law conflicts with state law, federal law wins. The preemption doctrine operationalizes this principle, providing the legal framework for determining when state law must yield to federal authority. Preemption is simultaneously a powerful defense against state tort liability, a vehicle for challenging state regulatory programs, and a constraint on federal overreach that requires clear congressional intent to displace state law.
The Constitutional Preemption Warrior is Volume LXVIII of Wayne Richard Evangelista's Constitutional Law Series, delivering the complete practitioner's guide to preemption doctrine across every major regulatory domain.
Wayne Richard Evangelista covers the full preemption landscape: express preemption — the clear statement requirement and savings clauses; field preemption — when Congress occupies an entire regulatory field; conflict preemption — impossibility preemption and obstacle preemption after Geier v. American Honda Motor Co.; immigration preemption from Arizona v. United States through the sanctuary city cases; healthcare preemption — ERISA's broad preemption clause and its exceptions, ACA preemption, FDA preemption after Wyeth v. Levine and PLIVA v. Mensing; banking preemption under the National Bank Act and Watters v. Wachovia; employment preemption — NLRA Garmon and Machinists preemption; environmental preemption under the Clean Air Act and CERCLA; and consumer protection preemption under FCRA, TILA, and FIFRA.
For every lawyer who litigates at the intersection of federal and state regulatory authority, this is the essential preemption reference.
The Constitutional Preemption Warrior
$79.99
Sale price
$79.99
Regular price