Thomas O. McGarity — The Preemption War: When Federal Bureaucracies Trump Local Juries
Most people are unaware of a quiet war that has been raging
for the last decade in the courts, federal regulatory agencies,
and Congress—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.
The book 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.
Links:
Op-ed in the Houston Chronicle, “A Victory for Consumers” [PDF]