Author granted license

Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International

Document Type

Article

Publication Date

1-2012

ISSN

0161-6587

Publisher

Boston College Law School

Language

en-US

Abstract

This Essay has two goals. The first is to present an economic theory of preemption as a choice among regulatory regimes. The optimal regime choice model is used to generate specific implications for the court decisions on preemption of products liability claims. The second objective is to extrapolate from the regime choice model to consider its implications for broader controversies about preemption.

Comments

Updated with published version of paper: 9/21/22

Working paper available at SSRN

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