Federal Preemption: Origins, Types and Trends in the U.S. Supreme Court

The doctrine of federal preemption is messy, its application is inconsistent, and at times it is used as both a sword and a shield by a wide array of actors. One thing is for certain—despite its many complexities and the lack of a consensus on the appropriate framework to analyze preemption problems, federal preemption will continue to challenge the judicial system in light of Congress’s increasing desire to enact federal regulatory schemes that implicate many traditional state government powers and functions. Preemption will continue to have its champions and its detractors.

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