Vol. 126 No. 5
MAZZOCCHIO V. COTTER CORP., BROODING FEDERAL INTERESTS, AND PROBLEMS OF PREEMPTION: WHY THE EIGHTH CIRCUIT’S REASONING MAY SIGNAL CLEARER SKIES AHEAD
Doctrines of preemption exist to determine the correct balance between state and federal power. But despite the delicate nature of this task, courts have sometimes overlooked the plain language of the preemption provisions at play in the field of nuclear safety. Instead, brooding federal interests have loomed large. The idiosyncrasies of the field of nuclear safety may merit a cautious approach to applying state tort law, but the Eighth Circuit’s[...]