This Essay has two goals. The first is to present an economic theory of preemption as a choice among regulatory regimes. The optimal regime choice model is used to generate specific implications for the court decisions on preemption of products liability claims. The second objective is to extrapolate from the regime choice model to consider its implications for broader controversies about preemption.
Keith N. Hylton, An Economic Perspective on Preemption, 53 B.C.L. Rev. 203 (2012), http://lawdigitalcommons.bc.edu/bclr/vol53/iss1/4