| Document Type
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BL
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| Record Number
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987179
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| Doc. No
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b741549
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| Main Entry
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McGarity, Thomas O.
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| Title & Author
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The preemption war : : when federal bureaucracies trump local juries /\ Thomas O. McGarity.
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| Publication Statement
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New Haven :: Yale University Press,, ©2008.
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| Page. NO
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1 online resource (x, 356 pages) :: illustrations
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| ISBN
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0300152205
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: 128243747X
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: 9780300152203
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: 9781282437470
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0300122969
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9780300122961
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| Bibliographies/Indexes
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Includes bibliographical references (pages 275-340) and index.
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| Contents
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Introduction -- Regulation and liability : two well-worn routes to consumer protection -- The law and politics of preemption -- The preemption war in the courts -- The preemption war in Congress -- The preemption war in the federal agencies -- Agencies, juries, and the public interest -- The case for preemption -- The case against preemption -- Ending the preemption war.
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| Abstract
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<P style="MARGIN: 0in 0in 0pt">Most people are unaware of a quiet war that has been raging for the last decade in the courts, federal regulatory agencies, and Congress8212;a war over federal agency preemption of state common law claims. But the outcome of these battles will affect us all, says regulatory law expert Thomas O. McGarity, and consumers stand to be the biggest losers. In this comprehensive and balanced book, McGarity takes up for the first time this increasingly important subject. He shows how preemption affects the way citizens are protected from harm and companies are held accountable for damage they unlawfully cause. <P style="MARGIN: 0in 0in 0pt">€ <P style="MARGIN: 0in 0in 0pt">The book offers scholars and policymakers a full analysis of the legal and policy issues under debate, and it brings into sharp focus the impact of preemption on the lives of people involved in actual lawsuits. McGarity highlights the arguments for and against preemption and suggests guidelines for resolving difficult issues in a variety of contexts.
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| Subject
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Exclusive and concurrent legislative powers-- United States.
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Federal government-- United States.
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Judicial review-- United States.
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Political questions and judicial power-- United States.
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Exclusive and concurrent legislative powers.
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Federal government.
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Judicial review.
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LAW-- Constitutional.
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LAW-- Government-- General.
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LAW-- Public.
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Law.
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Political questions and judicial power.
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United States.
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| Dewey Classification
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342.73/04
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| LC Classification
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KF4600.M358 2008eb
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