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Federal Preemption: Origins, Types and Trends in the U.S. Supreme Court
Topic: Federalism
By Frank Cruz-Alvarez and Jennifer Voss, Partners, and Jared Sherr and Talia Zucker, Associates, with Shook, Hardy & Bacon L.L.P. Foreword by Daniel E. Troy, Senior Vice President and General Counsel, GlaxoSmithKline. Mr. Troy is also a member of WLF’s Legal Policy Advisory Board.
Monograph, October 2015, 90 pages
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Publication Summary:

The doctrine of federal preemption arises from the basic constitutional principle that sovereign states can adopt laws that do not conflict with federal laws, which are the “supreme Law of the Land.” Though uncomplicated in theory, preemption has proven to be very complex in practice thanks in part to inconsistent and unpredictable Supreme Court rulings. This WLF Monograph sheds some critically needed light on federal preemption by analyzing recent High Court cases and forecasting trends that practitioners and policymakers should anticipate.
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