Document Type
Article
Publication Date
2010
Abstract
As Judge Calabresi has argued, preemption decisions are, at their core, a choice about which tier of government should have policy-making authority. In prior work, Mark Seidenfeld and I argued that the choice of whether or not to preempt state law decisions should be based explicitly on "fiscal federalism" considerations. The economic discipline of fiscal federalism attempts to measure the welfare effects of situating a given policy either locally, nationally, or somewhere in between.
Publication Citation
65 N.Y.U. Ann. Surv. Am. L. 525 (2009-2010)
Scholarly Commons Citation
Galle, Brian, "Is Local Consumer Protection Law a Better Retributive Mechanism than the Tax System" (2010). Georgetown Law Faculty Publications and Other Works. 1855.
https://scholarship.law.georgetown.edu/facpub/1855