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24 Sep 2009, 5:09 am
We received a copy of Ford Motor Co. v. [read post]
8 Oct 2008, 11:50 am
Dow Agrosciences LLC, 544 U.S. 431 (2005), as creating an irrebuttable presumption against preemption that overrode congressional intent:The Court of Appeals viewed Bates as having drastically changed this traditional preemption analysis, so as to make the presumption against preemption irrebuttable and to require examination of the statutory language alone. [read post]
