Preemption by preamble

Catherine Sharkey of Columbia has a new article up at SSRN, Preemption by Preamble: Federal Agencies and the Federalization of Tort Reform, covering new federal assertions of preemption of state laws in FDA prescription drug labeling, Consumer Product Safety Commission regulations, and safety standards for sport utility vehicles. It promises to be an interesting read, contrasting rules for allowing agencies to preempt state-law causes of action with rules for allowing agencies to recognize private rights of action.