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Nina Mendelson

Joseph L. Sax Collegiate Professor of Law

Nina Mendelson | July 31, 2008

The Omniscient Agency Myth

There are two issues kicking around in this discussion: (1) Should state tort law be preempted if there is some sort of federal regulation in place?   (2) Which institutions – particularly federal agencies and courts – are legally empowered and/or competent to decide that question? I’d like to chime in on (1), but I hope we’ll […]