Finding the Balance: Federal Preemption of State Law
Bansal, Berzon, Fineman, Greve, and Schroeder
On June 16, ACS hosted a panel at the 2006 National Convention that examined how on many critical issues of the day, including marriage rights for same-sex couples, stem cell research, medical marijuana, state law tort claims, and economic and environmental regulation, many traditional proponents of state prerogatives have shifted stance to advocate federal preemption. Panelists discussed the historical roots of preemption, how do they apply today, whether there is value in individuals being able to appeal to multiple levels of government, and whether there can or should be a "neutral," coherent doctrine of preemption that predictably controls case results across a large range of disparate regulatory statutes.From left to right, panelists included:
- Preeta Bansal, Skadden, Arps, Slate, Meagher & Flom LLP; former Solicitor General of New York
- Judge Marsha Berzon, U.S. Court of Appeals for the Ninth Circuit
- Steven Fineman, Lieff Cabraser Heimann & Bernstein, LLP
- Michael Greve, The American Enterprise Institute
- Christopher Schroeder, Professor of Law and Public Policy, Duke Law School; former Acting Assistant Attorney General, Office of Legal Counsel
| Attachment | Size |
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| Finding the Balance--Federal Preemption of State Law--transcript.pdf | 282.37 KB |

