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Thomas O. McGarity

  • Joe R. and Teresa Lozano Long Endowed Chair in Administrative Law
book cover for the preemption war

The Preemption War: When Federal Bureaucracies Trump Local Juries

Most people are unaware of a quiet war that has been raging for the last decade in the courts, federal regulatory agencies, and Congress—a war over federal agency preemption of state common law claims. But the outcome of these battles will affect us all, says regulatory law expert Thomas O. McGarity, and consumers stand to be the biggest losers. In this comprehensive and balanced book, McGarity takes up for the first time this increasingly important subject. He shows how preemption affects the way citizens are protected from harm and companies are held accountable for damage they unlawfully cause.

The book brings into sharp focus the impact of preemption on the lives of people involved in actual lawsuits. McGarity highlights the arguments for and against preemption and suggests guidelines for resolving difficult issues in a variety of contexts.


ShelfLife@Texas, "Law Professor Investigates the Preemption War"

Interview with KUT, “A Strike Against Preemption”

Op-ed in the Houston Chronicle, “A Victory for Consumers” [PDF]

Review by Dave Richards in The Texas Observer

Flyer for BookPeople reading [PDF]

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Photo credit: Mark Rutkowski

Contact Information

Thomas O. McGarity

Work (512) 232-1384

Fax (512) 471-6988

Office: JON 5.252
The University of Texas at Austin
727 E Dean Keeton Street
Austin, TX 78705

Faculty Assistant

Dottie M. Lee
(512) 232-1327

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