Open AccessAn Economic Perspective on Preemption
Author(s) -
Keith N. Hylton
Publication year - 2011
Publication title -
ssrn electronic journal
Language(s) - English
Resource type - Journals
ISSN - 1556-5068
DOI - 10.2139/ssrn.1747120
Subject(s) - perspective (graphical) , preemption , political science , law and economics , economics , computer science , artificial intelligence , operating system
This paper has two goals. The first is to present an economic theory of preemption as a choice among regulatory regimes. The optimal regime choice model is used to generate specific implications for the court decisions on preemption of products liability claims. The second objective is to extrapolate from the regime choice model to consider its implications for broader controversies about preemption.
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