FDA Preemption of State Tort Law in Drug Regulation: Finding the Sweet Spot, 13 Roger Williams Law Review 73 (2008)
The project of harmonizing tort law and regulatory law in the public interest-the "sweet spot" of my subtitle-is inherently fraught with difficulty. This, of course, is a very old problem for American law generally. Our administrative state began during the first decade of the Republic. Beacause energetic administration has always created risks of harm to persons and property, the potential for overlap and conflict with the hoary common law of torts. which likewise protects persons and property, has always been an inevitable consequence of regulatory statutes. Moreover, as Richard Nagareda explains, recent developments in both tort law and administrative regulation "increasingly cast the two less as complementary regimes than as institutional rivals.
Date of Authorship for this Version
Schuck, Peter H., "FDA Preemption of State Tort Law in Drug Regulation: Finding the Sweet Spot" (2008). Faculty Scholarship Series. Paper 1677.