The Hidden Costs of AI Preemption
Federal legislation should establish a floor for AI enforcement, empowering states to go further.
New Labor Initiatives Under Evolving Policy Considerations
Kate Andrias discusses new state initiatives to protect and enhance the power of workers.
The Next Front for Reigning in Regulatory Preemption
The next logical step to limit the administrative state is shown by recent Supreme Court concurrences.
The Challenge of Regulatory Preemption in AI Governance
Courts should defer to persuasive agency interpretations of statutes.
Ending EPA’s Endangerment Finding Won’t End Climate Change Regulation
The EPA dog may catch the climate change bus, but it probably will not end climate change regulation.
Evaluating FDA Preemption of State Drug Regulation
Scholars argue that federal drug agency actions should take precedence over conflicting state regulations.
Alternative Labor Regulation
Scholar argues that state labor regulation can substitute for weak federal governance.
Incorporated Standards in a Federal System
When state and local officials incorporate voluntary codes and standards, they still need to watch out for federal preemption.
The Road to Clean Air Is a Toll Road
Scholar argues that legal barriers should not prevent cities from using congestion pricing to curb traffic.
The Future of Maine’s Food Sovereignty Movement
The increasing popularity of municipal regulation over food production in Maine may attract federal preemption challenges.
