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Preemption in the Rehnquist and Roberts Courts: An Empirical Analysis
2015
Supreme Court Economic Review
This article presents an empirical analysis of the Rehnquist Court's and the Roberts Court's decisions on the federal (statutory) preemption of state law. In addition to raw outcomes for or against preemption, we examine cases by subject-matter, level of judicial consensus, tort versus regulatory preemption, party constellation, and origin in state or federal court. We present additional data and analysis on the role of state amici and of the U.S. Solicitor General in preemption cases, and we
doi:10.1086/686541
fatcat:a7lkkobn2japzj5qcwn2cmgdzy