Bates v. Dow Agrosciences: Overcoming Federal Preemption and Giving the People a Voice

Ly, Kim

Journal: Journal of the National Association of Administrative Law Judiciary

Volume: 26

Year: 2006

Bluebook Citation: 26 J. NAT'L ASS'N ADMIN. L. JUD. (2006)

Author: Kim Ly: all 3 publications


Abstract

This note explores the U.S. Supreme Court's ruling in Bates v. Dow Agrosciences LLC. Part II discusses the historical background and procedural history of the case. Part III lays out the facts of the Bates case. Part IV analyzes the majority opinion given by Justice Stevens and Justice Breyer's concurring opinion, and the opinion of Justice Thomas, concurring in part and dissenting in part.

Part V considers Bates's judicial, legislative and administrative impact. Part VI concludes the discussion of the Bates decision.

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