Personal Injury & Torts
Sep. 7, 2002
Drug and Medical-Device Cases Raise Questions of Pre-emption
Focus Column - By Michael K. Brown and Lisa M. Baird - Since the founding of this country, the state and federal governments have clashed over which gets to exercise power. Fortunately, the Supremacy Clause of the Constitution prescribes which should prevail: A federal law will pre-empt state law on an issue, if that is the express or implied intent of Congress.
By Michael K. Brown and Lisa M. Baird
Since the founding of this country, the state and federal governments have clashed over which gets to exercise power. Fortunately, the Supremacy C...
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