LSSC & ABB Research
Summary of Findings from the Legal Effort to Address Preemption
State Preemption of Local Laws: Preliminary Review of Substantive Areas
State Substantive & Procedural Constraints on Preemption Litigation
- The Validity of Arizona’s Law Imposing Financial Penalties on Localities with Preempted Ordinances Following the Arizona Supreme Court’s Brnovich Decision
White Papers
Blanket Preemption: A Troubling Effort to Stifle Progressive Local Policymaking & Block Local Democracy, by Professor Laurie Reynolds and A Better Balance
- Confederate Monuments and Punitive Preemption: The Latest Assault on Local Democracy, Professor Richard Schragger and C. Alex Retzloff
Gerrymandering and Local Democracy, by Professor Paul Diller
Punitive Preemption: An Unprecedented Attack on Local Democracy, by Professor Richard Briffault
The State Assault on Local Sanctuary Policies, by Professor Rick Su
- Repealing Preemption: Defending Local Democracy Now Includes A Growing Focus on Recovering Lost Local Authority, by Laura Huizar
- The Essential Role of Fiscal Authority in Local Democracy, by Professor Erin Scharff
Law Review Articles
- “Intrastate Preemption,” Paul Diller, Boston University Law Review (January 2008)
“The Rise of State Preemption Laws in Response to Local Policy Innovation,” Lori Riverstone-Newell, Publius: The Journal of Federalism (May 2017)
- “Public Health ‘Preemption Plus’,” James G. Hodge, Alicia Corbett, Kim Weidenaar, & Sarah Wetter, Journal of Law Medicine and Ethics, Vol. 45 (May 2017)
“The Attack on American Cities,” Richard Schragger, Texas Law Review (August 2017)
“The Troubling Turn in State Preemption: The Assault on Progressive Cities and How Cities Can Respond,” Richard Briffault et al, American Constitution Society for Law and Policy (September 2017)
“The Challenge of the New Preemption,” Richard Briffault, Columbia Public Law Research Paper No. 14-580 (February 2018)
- “Hyper Preemption: A Reordering of the State-Local Relationship?” Erin Scharff, Georgetown Law Journal (September 2018)