Reflections on Hines v. Davidowitz: The Future of Obstacle Preemption

Abstract

For decades, the doctrine of preemption has been a fecund source of confusion and division. Preemption goes to the heart of our federal system, a fact which prompted Pepperdine School of Law to attempt to shed some light on this vitally important arena of constitutional law and public policy. In April 2005, the School of Law hosted a symposium on the issue of federal preemption of state tort law, specifically addressing the applicability of state law to medical drugs and devices.