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The Preemption War.

Publication: Trial
Publication Date: 01-JUN-09 		Format: Online
Delivery: Immediate Online Access
Full Article Title: The Preemption War.(Book review)

Article Excerpt
The Preemption War

Thomas O. McGarity

Yale University Press

www.yalebooks.com

368 pp., $40

[ILLUSTRATION OMITTED]

The potential casualty in the preemption war that Thomas McGarity describes in his book The Preemption War: When Federal Bureaucracies Trump Local Juries is the traditional corrective justice role of civil lawsuits. Harkening back to Aristotle, McGarity observes that corrective justice has always been an integral component of a society and that it serves to rectify unjust changes in wealth in favor of one citizen at the expense of another.

Over the past two decades, however, business groups increasingly have attempted to eliminate lawsuits based on state tort law by claiming that federal law preempts state law, providing these groups immunity from suit. While their goal is clearly a weaker government-with minimal effective regulation on either the federal or the state level--they have attempted to disguise this goal by casting their arguments in terms of centralized versus decentralized exercise of power, rather...

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