TortsProf Blog

Two Upcoming Conferences - Off Label Drug Use and Mass Litigation

Two upcoming conferences of note:

1.  Off Label Uses of Approved Drugs:  Medicine, Law and Policy.   Presented by AEI, May 21st, in Washington, DC.

“Off-label” prescribing—that is, doctors prescribing drugs for purposes other than those expressly approved by the Food and Drug Administration (FDA)—is often useful although little is known of its extent. In the last several years, nearly every major pharmaceutical company has paid hundreds of millions of dollars to settle allegations of illegal marketing of drugs for off-label uses. There has been a growing trend of actions by federal prosecutors, state attorneys general, and cooperating trial lawyers to litigate against pharmaceutical manufacturers for allegedly doing too much to promote off-label use of prescription products. Citing recent legal changes mandating exclusion from federal programs after a conviction, many manufacturers say they are forced to settle rather than risk defending themselves—even as prosecutions against individual executives have foundered in front of juries. 

At this AEI Legal Center event, experts on both law and health care will present papers on the law, economics, medicine, and public policy of off-label marketing, discussing everything from off-label prescribing and the abuse of class action mechanisms to implications for the First Amendment and medical malpractice. Speakers include former FDA chief counsel Daniel Troy; former Cephalon general counsel John Osborn; former deputy attorney general George Terwilliger; principal deputy assistant attorney general and acting assistant attorney general for the Civil Division Jeffrey Bucholtz; attorneys Brian Anderson, James Beck, Mark Herrmann, Richard Samp, and Kyle Sampson; law professor Margaret Johns; and AEI scholars John E. Calfee, Theodore H. Frank, and Scott Gottlieb. The session will begin with results from a new survey of oncologists about off-label prescribing and information about off-label uses.

(via Frank/Overlawyered).

2.  Mass Litigation.  Presented by ALI-ABA, May 29-31st, in Charleston, SC.

In this new course of study, a distinguished faculty of judges, academics, practitioners, and others examines both the procedural and the substantive sides of the rapidly evolving field of mass litigation.

The course considers class actions, not just under the Class Action Fairness Act (CAFA), but also as they affect ERISA and subprime claims. It discusses discovery (especially as it relates to electronic records), sanctions, case management, evidentiary issues, and the use of expert testimony. Attention is also paid to negotiation of settlements, mediation of claims, post-resolution management of claims and the distribution of proceeds, and punitive damages.

On the substantive side, the course updates registrants on litigation over a number of issues, discusses the increasing use of the Alien Tort Claims Act and Qui Tam proceedings, offers novel theories for recovery, and considers liability for climate change.

International issues receive attention as well. The faculty discusses foreign claims and defendants, foreign product recalls, and cross-border discovery (with emphasis on how foreign privacy laws affect U.S. discovery rules).

(via Erichson/Mass Tort Litigation).

- SBS

AALS Torts Section: Call for Papers and Call for Nominations

Two AALS-related things:

CALL FOR PAPERS

FOREIGN TORT LAW: BEYOND EUROPE

ASSOCIATION OF AMERICAN LAW SCHOOLS
SECTION ON TORTS AND COMPENSATION SYSTEMS
San Diego, California
January 9, 2009

    Injury, particularly human physical injury, is a universal problem.  And yet, in the United States little is written about other countries’ mechanisms for awarding civil liability for injury.  In recent years, with the European Group on Tort Law’s publication of its Principles of European Tort Law, more is known about liability rules in the European Union.  This panel attempts to further expand U.S. scholars’ understanding of foreign tort law.  The program will address issues of accountability, deterrence and compensation for injury in other nations, particularly developing nations.  The panel will address foreign approaches to civil liability in its broadest sense.  Some approaches to injury response may be easily recognizable as tort law, and other approaches may differ more markedly from what might be considered tort law in the United States.   

The executive committee of the Torts and Compensation Section is now accepting proposals for papers concerning foreign tort law.  Special consideration will be give to the tort law of developing countries. Proposals for papers may be written by either foreign or U.S. scholars.  A limited amount of funding is available for foreign scholars to travel to the United States to speak at the program. Drafts of accepted papers will be presented on January 9, 2009 at the AALS Annual Meeting in San Diego.  Final versions of the papers will be published later in the year in a symposium edition of THE ARIZONA JOURNAL OF INTERNATIONAL AND COMPARATIVE LAW.

PAPER SUBMISSION PROCEDURE:
Interested authors and speakers should submit an abstract of fewer than 300 words to:
Email: bublick@law.arizona.edu by June 16, 2008.
Questions and requests for further information can also be directed to:
Contact: 
Ellen Bublick
Professor of Law
University of Arizona James E. Rogers College of Law
Address:
1201 E. Speedway Blvd.
P.O. Box 210176
Tucson, Arizona 85721-0176
Tel:   
(520) 621-5600

and:

Prosser Award Nominations

At the 2009 AALS Annual Meeting in San Diego next year, the Torts and Compensation Systems section will once again present the William L. Prosser Award to a law professor who has made outstanding contributions to Torts scholarship, teaching and service. Any law professor is eligible to nominate another law professor for the award.  Selection of the recipient will be made by members of the Executive Committee of the Torts and Compensation Systems section based on the recommendations of an appointed special selection committee. 

Nominations, accompanied by a brief supporting statement, should be submitted to Catherine Sharkey, Secretary of the Executive Committee, either by regular mail or e-mail, at the following address:  Catherine Sharkey, New York University School of Law, 40 Washington Square South, 403, New York, NY 10012. E-mail: catherine.sharkey@nyu.edu.  Nominations must be received no later than 5 p.m. Eastern Time (U.S.) on July 2, 2008.
Professors who nominated a candidate who was not chosen for last year’s award cycle are welcome to renew their nominations by sending a copy of their prior nominating letter to Professor Sharkey.

Questions and requests for further information can also be directed to Ellen Bublick, Chair of the Executive Committee, via email at bublick@law.arizona.edu.

--BC

Crimtorts Podcast

Widener's Crimtorts Symposium podcast is now available here.

The podcast is divided into three panels.  The first, Introductory, panel consists of Tom Koenig (Northeastern-Sociology), Mike Rustad (Suffolk), and Ken Simons (Boston).  The second, Applications, panel consists of Martha Chamallas (Ohio State), Jeffrey O'Connell (Virginia), Byron Stier (Southwestern), and Frank Vandall (Emory).  The third, Punitive Damages, panel consists of Mark Geistfeld (NYU), Keith Hylton (Boston), Tony Sebok (Cardozo), and Cathy Sharkey (NYU).

The volume of the Widener Law Journal containing the symposium articles should be available in June.

--CJR

Upcoming Summer Conference on Preemption

Jim Beck & Mark Herrmann (at Drug & Device Blog) will be co-hosting the American Conference Institute's Drug and Device Preemption Conference from July 14-15, 2008, in Philadelphia.   The conference is followed by a one-day "junk science summit" on expert witness and scientific evidence on July 16th.   

- SBS

Brooklyn Symposium on Products Restatement

On November 13 and 14, 2008, Brooklyn Law School will host The Products Liability Restatement:  Was it a Success?.  A program is not yet available, but the participants are confirmed.  The legal academics presenting are:  Richard Ausness (Kentucky), Anita Bernstein (Brooklyn), Margaret Berger (Brooklyn), Ellen Bublick (Arizona), Edward Cheng (Brooklyn), Richard Cupp (Pepperdine), Mary Davis (Kentucky), Mark Geistfeld (NYU), Michael Green (Wake Forest), James Henderson (Cornell), Lars Noah (Florida), David Owen (South Carolina), Robert Rabin (Stanford), Jane Stapleton(Texas), and Aaron Twerski (Brooklyn).  Practitioners include Sheila Birnbaum (Skadden) and Victor Schwartz (Shook, Hardy).

--CJR 

Vioxx Lecture at Cardozo

Cardozo is hosting a lecture entitled "The Vioxx Story:  Mass Settlement Without Class Actions" on Tuesday, March 11 at 6:30 p.m.  The featured speaker is Christopher Seeger (Seeger Weiss), one of the principal architects of the Vioxx settlement.  Professor Howard Erichson (Seton Hall; Co-Editor of Mass Tort Litigation Blog) and Kathleen O'Connor (Dechert) will provide commentary.  Professor Anthony Sebok (Cardozo; Findlaw's Writ Columnist) will serve as moderator.  RSVP at vioxxlecture@yu.edu.

--CJR

Med Mal Symposium at Temple

The Temple Journal of Science, Technology, & Environmental Law is sponsoring its 2008 symposium, "Shaping the Future of Medical Malpractice:  Legal and Ethical Considerations."  The event is on Friday, February 22 at Shusterman Hall on Temple's main campus. 

The participants include legal academics, practicing lawyers, and physicians.  The legal academics are Barry Furrow (Drexel), Phoebe Haddon (Temple), Mitchell Nathanson (Villanova), and Neil Vidmar (Duke).  Temple's Frank McClellan is not presenting, but was involved in an advisory capacity.

--CJR

Crimtorts Update

I regret that Mary Kate Kearney will be unable to present at the Crimtorts symposium on February 25.  Fortunately, however, Frank J. Vandall (Emory) has agreed to present "The Criminalization of Products Liability."  The revised brochure is here.  We are very excited to include Frank in this stellar lineup.

--CJR

One Month from Today...

...is the Crimtorts symposium at Widener.

Here's the lineup:

Introductory Panel:

Thomas Koenig (Northeastern-Sociology), Michael Rustad (Suffolk), and Kenneth Simons (Boston)

Applications Panel:

Martha Chamallas (Ohio State), Mary Kate Kearney (Widener), Jeffrey O'Connell (Virginia), and Byron Stier (Southwestern)

Punitive Damages Panel:

Mark Geistfeld (NYU), Keith Hylton (Boston), Sheila Scheuerman (Charleston), Anthony Sebok (Cardozo), and Catherine Sharkey (NYU)

Some of the country's leading scholars will be addressing an interesting and innovative legal concept.  Please come join us for what promises to be a fantastic event.

--CJR

MDL Symposium at Tulane

Tulane Law Review is hosting a symposium on "The Problem of Multidistrict Litigation" on February 15th to 16th.   Panels will discuss:

• The Workings of the Federal MDL Panel and the Selection of the Transferee Court
• Attorney Strategies and Ethical Considerations in MDL Practice
• Multidistrict Litigation: The New Solution to a Post-Class-Action Era?
• The State of State MDLs and State/Federal Coordination
• Bellwether Trials and Settlement Devices
• Practicalities of Multidistrict Litigation
• Ad Hoc District-wide MDLs / MMTJA

Speakers include Judge Lee Rosenthal (Chair of the U.S. Judicial Conference Committee on Rules Practice and Procedure), Judge Eldon Fallon (Vioxx), Richard Marcus (Hastings), Alexandra Lahav (Connecticut), Francis McGovern (Duke), as well as Dickie Scruggs (The Scruggs Law Firm) and Mark Herrmann (Jones Day, Drug & Device Law Blog).

- SBS

D.C. Bar Program - Practice Pointers for Tort Trials

The Tort Law Section of the DC Bar is hosting a luncheon program on Friday January 25th from 12pm to 2pm titled, "The New D.C. Jury - Practice Pointers for Tort Trials:" 

This program addresses how recent changes in District of Columbia juries affect presentation of a tort case at trial.  Perspectives will be provided from the Superior Court bench, Jury Commissioner's office, and practitioners who try cases involving medical negligence, vehicular negligence, and other torts.  Discussion will include jury panel composition, voir dire, and jury note-taking, with observations and tips from attorneys experienced with DC juries, as well as "do's and dont's" from the bench.

CLE credit is NOT available.  Registration information is available here.

- SBS   

AALS

As Bill warned, there has been a hiatus as all three of us attended the AALS Annual Meeting in New York.  Ellen Bublick, the Chair-Elect of the Torts and Compensation Section, compiled a section newsletter [PDF] that includes information about upcoming conferences and recent publications.  Congratulations to Robert Rabin, who was presented this year's William L. Prosser Award at the section's program!

--CJR

AEI Panel on Vioxx Settlement

AEI and the Federalist Society are co-sponsoring a panel discussion on the recent Vioxx settlement on Monday January 7th:

In 2004, Merck withdrew its pain reliever Vioxx from the market because of new studies showing increased cardiovascular risk. Merck announced that it would not settle any of the tens of thousands of Vioxx lawsuits filed, and set aside over a billion dollars to litigate cases without reserving a penny for damages. After a $254 million verdict in the first Vioxx trial in 2005, some observers predicted over $25 billion in liability for the company. Fifteen trials later, Merck and the plaintiffs’ attorneys announced a settlement of the outstanding personal injury litigation—for under $5 billion. Merck stock rose after the announcement, and is now higher than before it withdrew Vioxx from the market. But some law professors are arguing that a new and unusual provision in the settlement raises ethical concerns.

Why did Merck settle? And why was the settlement for so much less than originally anticipated? Is the Merck settlement different from the Wyeth fen-phen settlement, which was originally announced as a $3.75 billion settlement, but has so far cost more than $20 billion? Will the settlement stand up under legal challenge, and what will remain of the Vioxx litigation if it does?

At this event cosponsored by AEI and the Federalist Society, a panel of experts will explore these and other questions. Speakers include Vanderbilt law professor Richard Nagareda, author of Mass Torts in a World of Settlement; Virginia legal ethics professor George Cohen; author and leading pharmaceutical mass torts defense attorney Mark Herrmann; Andy Birchfield, a member of the Vioxx Plaintiffs’ Steering Committee; and Ted Frank, director of the AEI Legal Center for the Public Interest. AEI resident scholar John E. Calfee will moderate.

Registration details are available here.

- SBS

Asbestos Litigation Symposium at Southwestern

As Bill previously mentioned, Southwestern University Law Review will be hosting a major absestos litigation symposium in January.  Professors Alan Calnan and Byron Stier and are co-chairing the event.   A few of the scheduled speakers include Justice Helen Freedman (N.Y. Supreme Court), Mark Behrens (Shook Hardy), Anita Bernstein (Brooklyn), Mark Geistfeld (NYU), Deborah Hensler (Stanford), Keith Hylton (BU), Linda Mullenix (Texas), Richard Nagareda (Vanderbilt), David Owen (South Carolina), and Neil Vidmar (Duke).   More information is available in the brochure (pdf download). 

As you prepare for next semster, put this one on your calendar!

- SBS   

Crimtorts

Last week, I posted about the Crimtorts symposium on February 25, 2008 at the Widener University School of Law.  I said I would post the brochure when it was available, and it is here.  The symposium is hosted by the Widener Law Journal, and they are doing a great job preparing for this event.  Again, the speakers are:  Martha Chamallas (Ohio State), Mark Geistfeld (NYU), Keith Hylton (Boston University), Mary Kate Kearney (Widener), Tom Koenig (Northeastern Sociology), Jeffrey O'Connell (Virginia), Mike Rustad (Suffolk), Sheila Scheuerman (Charleston), Tony Sebok (Cardozo), Cathy Sharkey (NYU), Ken Simons (Boston University), and Byron Stier (Southwestern).  We hope you can join us.

CJR

Crimtorts at Widener

I am pleased to announce that Widener University School of Law will host the first national conference on "crimtorts."  "Crimtorts" refers to the expanding middle ground between criminal and tort law.  The conference will take place on February 25, 2008 in Harrisburg, Pennsylvania.  We have a fantastic lineup of speakers:  Martha Chamallas (Ohio State), Mark Geistfeld (NYU), Keith Hylton (Boston University), Mary Kate Kearney (Widener), Tom Koenig (Northeastern Sociology), Jeffrey O'Connell (Virginia), Mike Rustad (Suffolk), Sheila Scheuerman (Charleston), Tony Sebok (Cardozo), Cathy Sharkey (NYU), Ken Simons (Boston University), and Byron Stier (Southwestern).  I will post the brochure in the next few days.  If  you have any questions, please contact me, Chris Robinette, at (717) 541-3993 or cjrobinette@widener.edu.  Please make plans to join us.

CJR 

September Is A Lovely Time To Visit Charleston

Another plug for the upcoming punitive damages symposium being held Friday, September 7th here in Charleston.   Advance registration ends August 27th!    You can find registration details in the symposium brochure.

We have an exceptional group of panelists, including Elizabeth J. Cabraser of Lieff Cabraser, Robin Conrad of the U.S. Chamber of Commerce, Theodore Eisenberg of Cornell University Law School, Andrew L. Frey of Mayer Brown (and counsel for Philip Morris in the USSC), John Y. Gotanda of Villanova Law, Laura J. Hines of University of Kansas Law, Keith Hylton of Boston University School of Law, Robert S. Peck of the Center for Constitutional Litigation (and counsel for Mayola Williams in the USSC), Michael Rustad of Suffolk University Law School, Victor Schwartz of Shook Hardy, Tony Sebok of Cardozo, Cathy Sharkey of NYU, and Neil Vidmar of Duke Law.

I hope you can join us. 

- SBS    

Fundraiser for DC Pants Suit Defendants

The U.S. Chamber Institute for Legal Reform and the American Tort Reform Association are hosting a fundraiser to raise money to cover the legal fees incurred by the owners of Custom Cleaners - the defendants in the infamous DC Pants Suit.  The event is being held today from 6:00-7:30 p.m. at the U.S. Chamber of Commerce at 1615 H. Street N.W. in Washington, D.C.  Space for the event is limited and you can register here.

- SBS

September Punitive Damages Conference at Charleston

Please join me in Charleston this coming September for a symposium on punitive damages.  Last February, the United States Supreme Court added another layer to its punitive damages jurisprudence in Philip Morris USA v. Williams, 127 S. Ct. 1057 (2007).  This one-day symposium brings together distinguished scholars, judges, and practitioners to engage in a dialogue concerning the implications of Philip Morris, and more generally, the role of punitive damages in modern litigation. 

Symposium panelists include Elizabeth J. Cabraser of Lieff Cabraser, Robin Conrad of the U.S. Chamber of Commerce, Theodore Eisenberg of Cornell University Law School, Andrew L. Frey of Mayer Brown (and counsel for Philip Morris in the USSC), John Y. Gotanda of Villanova Law, Laura J. Hines of University of Kansas Law, Keith Hylton of Boston University School of Law, Robert S. Peck of the Center for Constitutional Litigation (and counsel for Mayola Williams in the USSC), Michael Rustad of Suffolk University Law School, Victor Schwartz of Shook Hardy, Tony Sebok (soon-to-be of Cardozo), Cathy Sharkey of Columbia Law, and Neil Vidmar of Duke Law. 

The full symposium brochure incuding registration details is available here.

-SBS

Punitives Symposium Announcement

Punitive Damages, Due Process, and Deterrence: The Debate after Williams

Hosted by The Charleston School of Law

Friday, September 7, 2007
8:00 a.m. to 5:30 p.m.

            Last February, the United States Supreme Court added another layer to its punitive damages jurisprudence in Philip Morris USA v. Williams, 127 S. Ct. 1057 (2007).  This one-day symposium brings together distinguished scholars, judges, and practitioners to engage in a dialogue concerning the implications of Williams, and more generally, the role of punitive damages in modern litigation.  We invite you to join us.   

Conference Chair:
This conference was organized by Sheila B. Scheuerman, Associate Professor of Law, Charleston School of Law.

Conference Program:

8:00 a.m.                      Continental Breakfast and Registration

8:15 a.m.                      Introduction & Welcome

8:30-10:00 a.m.            Panel I:  The Implications of Philip Morris v. Williams

10:00-10:15 a.m.          Break

10:15-11:45 a.m.          Panel II:  The Theory of Punitive Damages:  Why Do We
Award Punitive Damages And What Factors Further That
Purpose?

11:45-12:45 p.m.         Lunch

12:45-2:30 p.m.           Panel III:  Looking Forward:  Punitive Damages In the Next Two
                                    Decades – Guideposts From Precedent, History & Sound Public
                                    Policy

2:30-2:40 p.m.             Break

2:40-4:10 p.m.             Panel IV:  The Relationship Between Punitive Damages and Class
                                     Actions

4:10-4:15 p.m.             Break

4:15-5:30 p.m.             Panel V:   Williams At The Trial Level:  Jury Decision Making
                         and Trial Strategy

Confirmed Panelists Include:

Theodore Boutrous, Jr.
Partner
Gibson, Dunn & Crutcher LLP

Elizabeth J. Cabraser
Partner
Lieff, Cabraser, Heimann & Bernstein, LLP

Robin Conrad
Executive Vice President
National  Chamber Litigation  Center
U.S. Chamber of Commerce

Theodore Eisenberg
Henry Allen Mark Professor of Law
Cornell  University Law  School

Andrew L. Frey
Partner
Mayer, Brown, Rowe & Maw LLP

Murray R. Garnick
Partner
Arnold & Porter LLP

Lauren Rosenblum Goldman
Partner
Mayer, Brown, Rowe & Maw LLP

John Y. Gotanda
Professor of Law and Associate Dean for Faculty Research
Villanova University  School of Law

Laura J. Hines
Professor of Law
University of Kansas  School of Law

Keith N. Hylton
Paul J. Liacos Scholar in Law and Professor of Law
Boston  University School of Law

John J. Mulderig
Associate General Counsel
Altria Corporate Services, Inc.

Robert S. Peck
President
Center for Constitutional Litigation, P.C.

Steve Rissman
Associate General Counsel
Altria Corporate Services, Inc.

Michael Rustad
Thomas F. Lambert, Jr. Professor of Law
& Co-Director of Intellectual  Property Law  Concentration
Suffolk University Law  School

Victor E. Schwartz
Partner
Shook, Hardy & Bacon L.L.P.

Anthony J. Sebok
Centennial Professor of Law and Associate Dean for Research
Brooklyn  Law School

Catherine M. Sharkey
Professor of Law
Columbia  University School of Law

Neil Vidmar
Russell M. Robinson, II, Professor of Law and Professor of Psychology
Duke  Law School

Honorable William W. Wilkins
Chief Judge
United States Court of Appeals for the Fourth Circuit

TUITION:
            Tuition for the conference is $150.00.  For academics and government officials, the cost is $100.00.  Tuition fee includes continental breakfast, boxed lunch, and conference materials.  Registration details will be provided at a later date.

FURTHER INFORMATION:

For additional information contact:
CONTACT:     Sheila B. Scheuerman, Associate Professor of Law, Charleston School of Law
            EMAIL:           sscheuerman@charlestonlaw.org

Conference: Expertise in the Courtroom

VILLANOVA LAW SCHOOL CONFERENCE ON EXPERTISE IN THE COURTROOM

Saturday, Oct. 21, 2006, 9 am-3 pm
Villanova University School of Law

(Full announcement is here.)

The 2006 Norman J. Shachoy Annual Symposium, sponsored by the Villanova Law Review, will be held at Villanova University School of Law on Saturday, October 21, 2006, from 9 am-3 pm. The theme for this year's conference will be EXPERTISE IN THE COURTROOM: SCIENTISTS AND WIZARDS.

Speakers include Professors Susan Haack (Miami), Michael Risinger (Seton Hall), Jennifer Mnookin (UCLA), Simon Cole (Univ. Calif.-Irvine), Gary Edmond (Univ. New South Wales), L.H. LaRue (Washington and Lee University), Robert Mosteller (Duke), Micheal Lynch (Cornell), and David Caudill (Villanova).

THEME:

Controversies persist in the regulation of expertise in the courtroom, even after the Daubert/Joiner/Kumho Tire Trilogy, and even in Frye jurisdictions (like Pennsylvania). Judicial images of science and scientists of their capabilities and their limitations - continue to affect judicial evaluation of expertise. Indeed, as Professors Caudill and LaRue argue in their forthcoming NO MAGIC WAND: THE IDEALIZATION OF SCIENCE IN LAW (Rowman & Littlefield, 2006), trial judges who defer too easily to science, or who expect too much of science, end up (respectively) admitting questionable evidence or rejecting some of the best science.

Federal Preemption: Law, Politics, and Preemption

Here are the details of this AEI event.  Registration is closed, but there will be a webcast.

Once-esoteric questions involving the federal preemption of state law (especially state tort law and consumer protection statutes) have become the subject of a contentious public debate. Consumer advocates, plaintiffs' attorneys, and state officials argue that broad federal preemption claims--often by federal regulatory agencies and without a clear Congressional mandate--interfere with the states' historic role in protecting citizens against corporate misconduct. Corporations and federal agencies respond that preemption is often the only viable safeguard against unwarranted state interferences with the national economy. Aggressive trial lawyers and attorneys general, they say, upset carefully crafted regulatory compromises at the federal level. Preemption disputes along these lines have become a focal point of political debate and judicial decisions in a wide range of regulatory arenas, including financial regulation, automobile safety, clean-air laws, the regulation of telecommunications, energy, and other network industries, securities law, consumer products standards, pharmaceutical drugs, pesticides, outboard motors, and mattresses.

In all these areas, billions of dollars hang on regulatory nuances and arcane points of legal interpretation. But the preemption debate is being waged in the context of broader, sometimes constitutional, arguments and presumptions concerning the role and utility of federalism and “states' rights” in a modern, highly mobile, and integrated economy. Legal scholars are sharply divided both over the substance of those arguments and the extent to which they should dominate economic considerations or statutory language in what is, after all, a large universe of highly particular, industry- or area-specific preemption arrangements. Most scholars agree, however, that preemption law--especially the federal courts' muddled doctrine in this field--merits a serious re-examination.

AEI's two-day conference, organized by Richard A. Epstein of the University of Chicago Law School and Michael S. Greve, the John G. Searle Scholar at AEI, will provide a forum for such re-examination. Leading legal scholars and practicing attorneys will discuss in panels various facets of preemption law, including its constitutional backdrop; its trajectory over the past two centuries; its present contours and economic implications in such areas as network industries, environmental law, financial and securities regulation, and pharmaceuticals; and its prospects in light of recent developments in Congress, regulatory agencies, the states, and the courts.