Topic
Preemption
Posts
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ArticleVol. 102 · Iss. 5
Accidental Arbitration
The Supreme Court’s muscular interpretation of the Federal Arbitration Act (FAA) has encouraged businesses to insert arbitration clauses in untold millions of contracts. This…
David Horton -
Online2025
Federal Enclaves: Critical Islands of Federal Jurisdiction Protecting the National Interest
The Framers of the new Constitution insisted upon a neutral situs for the federal government and the land it owns and operates that would…
Walter H. Boone, Jennifer J. Skipper, Demarcus McGee, Kye C. Handy & Balch & Bingham LLP -
ArticleVol. 102 · Iss. 1
FDA Leads, States Must Follow
Courts have long deferred to the FDA’s scientific expertise, particularly on matters of drug safety and effectiveness. But now, in the aftermath of the…
Catherine M. Sharkey & Daniel J. Kenny -
ArticleVol. 101 · Iss. 1
The Case Against Regional Transmission Monopolies
Over the next decade, the United States will need to build significant regional transmission infrastructure to achieve the country’s goal of net-zero power by…
Kristen van de Biezenbos -
NoteVol. 99 · Iss. 3
MDMA and Psilocybin for Mental Health: Deconstructing the Controlled Substances Act’s Usage of “Currently Accepted Medical Use”
ABSTRACT MDMA and psilocybin are drugs that exhibit almost never-before-seen relief—including complete remission—from debilitating mental health disorders including Post Traumatic Stress Disorder (PTSD) and…
Nabil Al-Khaled -
NoteVol. 95 · Iss. 3
The Boogeyman: Derek Boogaard and the Detrimental Effects of Section 301 Preemption
This Note focuses on the preemptive effect of section 301 of the Labor Management Relations Act (LMRA) in the suit against the National Hockey…
Tyler V. Friederich -
NoteVol. 95 · Iss. 3
The Future of GMO Labeling: How a New Federal Labeling Scheme will Alter Public Disclosure
Genetic modification is a process used for a myriad of purposes, including the cultivation of plant species that ultimately find their way into countless…
Maria DeGiovanni -
ArticleVol. 95 · Iss. 2
Advisory Nonpreemption
We are living in an era of dramatic and unpredictable technological and business innovation. Federal agencies have been at the forefront of updating substantive…
Sarah E. Light -
ArticleVol. 95 · Iss. 1
Consumer Financial Protection in Health Care
There are inadequate consumer protections from harmful medical billing practices that result in unavoidable, unexpected, and often financially devastating medical bills. The problem stems…
Erin C. Fuse Brown -
ArticleVol. 96 · Iss. 3
Could Official Climate Denial Revive the Common Law as a Regulatory Backstop?
The Trump Administration is rapidly turning the clock back on climate policy and environmental regulation. Despite overwhelming, peer-reviewed scientific evidence, administration officials eager to…
Mark P. Nevitt & Robert V. Percival -
ArticleVol. 93 · Iss. 2
The Intersection of Fee-Shifting Bylaws and Securities Fraud Litigation
This Article examines the intersection of fee-shifting bylaws and federal private securities fraud suits. Specifically, this Article hypothesizes about the effects fee-shifting bylaws would…
William K. Sjostrom Jr. -
NoteVol. 97 · Iss. 5
Labeling the New Meats: Applying Preexisting Principles to the Regulation of Radical Products
Over the course of the coming decade, the perception of what it means to be “meat” is going to radically change. Plant-based meat products…