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 […]