Word: preemption
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...prefaces many of his substantive points by writing that a categorical opinion or response to preemption is impossible and foolhardy, and he constantly reminds us that there is no one right answer...
...Dershowitz is conscious of how fickle people are about preemption and how slippery the concept is itself...
With warnings against treating preemption as a “yes or no, black or white, legal or illegal” and repeated assertions that a jurisprudence cannot be created flawlessly in one try, Dershowitz is resigned to treating this work not as a landmark treatise on preemption but as a first building block...
Dershowitz does suggest a baseline for deciding when preemption is right. His sketch for a formula pits the seriousness of an incident and its likeliness without preemption against the harm caused by preemption and its likelihood of success...
This basic comparison allows governments to decide whether the harm itself outweighs the harms inherent to preemption...