Bibliographic Details

Richard Epstein on two recent SCOTUS decisions / Richard Epstein.

Author / Creator Epstein, Richard Allen, 1943-, author.
Imprint Chicago, Illinois : Law School, University of Chicago, recorded Feb. 21, 2008.
Description 1 online file (1 audio file) (9 mins., 36 secs.) : digital, stereo, MP3
Language English
Subject Exclusive and concurrent legislative powers -- United States.
Federal government -- United States.
Exclusive and concurrent legislative powers.
Federal government.
United States.
Format Spoken word recording, Audio, E-Resource
URL for this record
Other authors / contributors University of Chicago. Law School, host institution.
Federalist Society for Law & Public Policy Studies (U.S.), sponsoring body.
Computer file characteristics MP3
Sound characteristics digital stereo
Digital file characteristics audio file MP3 128Kbps
Notes "This talk, which discusses Riegel v. Medtronic, and Rowe v. New Hampshire, was recorded February 21, 2008 at the request of the Federalist Society."--Law School faculty podcast webpage.
Recorded Feb. 21, 2008, posted Feb 22, 2008.
Summary Epstein discusses how these two cases show how idea of pre-emption has become more important since the1937 actions that mandated that "federal government's power is plenary with regard to all matters of economic regulation." In Riegel v. Medtronic, a federal district court held that the Medical Device Amentments prempted the product liablility claim Reigel had filed as the result of injury from one of Medtronic's devices. The Supreme Court agreed with the local court that the pre-emption clause bars state common-law claims that challenge the safety of a device that has received premarket approval from the FDA.. In Rowe v. New Hampshire Motor Transport Agency, the Supreme Court held that several sections of the Federal Aviation Administration Authorization Act of 1994 prempted sections of a statute of Maine that regulated air carriers transportation of tobacco products that required the carrier provide recipient verification and deemed-to-know provisions.


Call Number: XXKF4600.E678 2008

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