CSPAN Memorial Service June 26, 2011
over the government regulation of business. in the roberts court, people care about about government regulation of business. when they care enough, then make a federal case out of it. pre-emption cases also indicate conflicts over how certain social problems are best regulated -- through to an agency paradigm, a regulatory paradigm, or two judges and common-law decision making? finally, pre-emption cases often arise when states take action with respect to hot-button issues of the day. for example, immigration reform. for all of these reasons, we have a lot of pre-emption cases. i do ...