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Showing 21 results

William Funk

Distinguished Professor of Law Emeritus

William Funk | May 22, 2009

Obama’s Memo on Preemption — Striking a Blow for Good Government

On Wednesday, by the stroke of a pen, President Obama reversed a major Bush administration policy, striking another blow for good government. For eight years the Bush administration sought to accomplish tort reform by stealth and indirection with several agencies proclaiming in preambles to regulations that the regulations preempted state tort law. These agencies included […]

William Funk | April 28, 2009

The First 100 Days: A Positive Beginning on the Freedom of Information Act

There are few areas where the difference between the Republican and Democratic parties is more stark than that of the Freedom of Information Act. The FOIA, of course, requires agencies to provide copies of their records to any person upon request unless the record fits within one of nine specific exemptions. Among the most important […]

William Funk | August 7, 2008

Preemption: The Courts, the Executive, and Congress

There are three relevant actors in the preemption play: the courts, the executive, and the Congress. For various reasons, the mood of the Supreme Court at the present time is to limit tort actions generally. “Tort reform,” generally unsuccessful in state legislatures and Congress, is being implemented by the Supreme Court unilaterally. Daubert requirements for […]