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The Power to Preempt and the Presumption Against Preemption The Power to Preempt and the Presumption Against Preemption
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Express Preemption of State Common Law Claims Express Preemption of State Common Law Claims
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Express Preemption of Inconsistent State “Requirements” Express Preemption of Inconsistent State “Requirements”
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Implied Preemption and the Difficulties of Divining Congressional Intent Implied Preemption and the Difficulties of Divining Congressional Intent
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The Horizontal and Vertical Politics of Preemption The Horizontal and Vertical Politics of Preemption
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Cite
Abstract
The discussion in this chapter briefly explores the wide variety of federal compensation regimes and how they fit into the federal regulatory programs to which they are attached. Congress has, over the years, created several compensation programs to supplement or replace state common law for federally regulated products and activities. One of the earliest was the Federal Employees Liability Act, enacted in 1908 to replace regressive state common law doctrines that shielded railroads from liability with a more “enlightened” federal common law cause of action for workers of interstate common carriers. This progressive model “was not widely influential,” and more recent statutes generally serve the dual role of providing limited corrective justice to victims and preventing state common law from discouraging favored industries from manufacturing valuable products.
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