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Stealth tort 'reform' unveiled.

Publication: Trial
Publication Date: 01-JUL-08
Format: Online
Delivery: Immediate Online Access
Full Article Title: Stealth tort 'reform' unveiled.(President's page)

Article Excerpt
The U.S. Supreme Court and Congress will soon face head-on a critical issue--regulatory preemption--that, depending on how it is resolved, could provide negligent corporations complete immunity from lawsuits. But surprisingly, most Americans and many policymakers have never heard of it.

Regulatory preemption is truly a stealth issue. It began quietly and without much fanfare after President Bush's second inauguration. Then, federal agencies--without any authority from Congress--started putting language in the preambles of regulations declaring that they preempt state tort law. So far, seven federal agencies have issued over 51 potentially preemptive rules, often without any opportunity for public comment.

While regulatory preambles are generally considered advisory, some...

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