Event Title

Preemption of State Law by the Federal Trade Commission

Presenter Information

Paul R. Verkuil

Location

Duke Law School

Start Date

6-2-1976 10:15 AM

End Date

6-2-1976 11:15 AM

Description

Much is at stake on both sides of the preemption debate. If the Commission is allowed to pursue its new regulatory program without serious restraint, it can virtually undo the vast network of "fence-me-in" laws that have distorted the competitive market since the 1930s.14 At the same time, however, the success of that effort could do much to anachronize cherished notions of state independence and autonomy. What is needed is a way of striking a balance between these competing values. Ideally, this requires an approach that seeks to maximize the efficiency goal while doing only minimal injury to the political goal. This Article will explore the policy debate with this ideal in mind and suggest a methodology that balances the legislative, administrative, and judicial functions accordingly.

Comments

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Related Paper

Paul R. Verkuil, Preemption of State Law by the Federal Trade Commission, 1976 Duke Law Journal 225-247 (1976)

Available at: http://scholarship.law.duke.edu/dlj/vol25/iss2/2


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Feb 6th, 10:15 AM Feb 6th, 11:15 AM

Preemption of State Law by the Federal Trade Commission

Duke Law School

Much is at stake on both sides of the preemption debate. If the Commission is allowed to pursue its new regulatory program without serious restraint, it can virtually undo the vast network of "fence-me-in" laws that have distorted the competitive market since the 1930s.14 At the same time, however, the success of that effort could do much to anachronize cherished notions of state independence and autonomy. What is needed is a way of striking a balance between these competing values. Ideally, this requires an approach that seeks to maximize the efficiency goal while doing only minimal injury to the political goal. This Article will explore the policy debate with this ideal in mind and suggest a methodology that balances the legislative, administrative, and judicial functions accordingly.