New Approach to Preemption Cases Promotes State Sovereignty and National Coordination
The article suggests that courts should consider coordinating federal and state laws to promote a national market and provide clear guidance. By looking at how states allocate authority through choice-of-law rules, courts can determine when federal intervention is necessary. This approach can help preserve state sovereignty while ensuring federal statutes coordinate U.S. law effectively. The current preemption doctrine lacks clarity and coherence, with the Supreme Court struggling to balance federal policy and state sovereignty. The proposed approach offers a solution to many preemption issues by focusing on coordination between federal and state laws.