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Commenting on Geier v. American Honda Motor Co.

dc.contributor.authorCheng, Edward
dc.identifier.citation114 Harvard Law Review 339 (2000)en_US
dc.descriptionan unsigned note published in a law reviewen_US
dc.description.abstractPreemption is probably the most frequently used constitutional doctrine in practice. It is the doctrine by which Congress supersedes state law and establishes uniform federal regulatory schemes to ensure the smooth functioning of the national economy. The Supreme Court, in an effort to cabin this immense congressional power, has traditionally applied a "presumption against preemption" - a rule of statutory interpretation under which federal law does not preempt state police powers absent clear congressional intent. The presumption has recently fallen into some disfavor, however, and the Court has ignored it in some prominent preemption cases.3 It remains viable, but its vitality is now in question.en_US
dc.format.extent1 PDF (11 pages)en_US
dc.publisherHarvard Law Reviewen_US
dc.subjectpreemption of state lawen_US
dc.subject.lcshCommon Lawen_US
dc.titleCommenting on Geier v. American Honda Motor Co.en_US

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