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3min chapter
Busting Unions and Dodging Opinions
Strict Scrutiny
Federal Labor Law Preemption Is Bad, Really, Really Bad
Noel Francisco's general themes or principles that he was asking the court to use in order to resolve this case in the employer's favor. Preemption is a big deal, and there are rules that make clear that preemption applies when certain clear statements are made. I think another kind of good preemption would involve where federal law prohibits lawsuits against drug manufacturers. There too, it's preemption good.
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