Preemption Doctrine in the United States : A Perspective of Statutory Interpretation Theory and Reconstruction

• Main Authors: Ai, Ho-Hsuan, 艾鶴軒
• Other Authors: Liao, Yuan-Hao
• Format: Others
• Language: zh-TW
• Online Access: http://ndltd.ncl.edu.tw/handle/v47z8k

碩士 === 國立政治大學 === 法律學系 === 105 === This thesis takes Hughes v. Talen Energy Marketing of the Supreme Court of the United States as a leading case, and, after closely examine the case and the opinions, which can present the inherent confrontations within the Preemption doctrine, claims that only by centering arguments and rationales around theories of statutory interpretation can a more jurisprudentially and analytically coherent solution, which I attempt to provide in this thesis, of the problems and difficulties Preemption currently facing be delivered. This thesis consists of four major blocks. In the first part, I will introduce and comment the case Hughes, and suggest by countering the possible arguments of the Parties and the Court that this case is somewhat problematic, so as to conclude that the understandings of Preemption and the differences of the opinions of this case ought to be contributed mostly to the perceptions of statutory interpretation. Second, I will review the development of Preemption in the U.S., including its historical roots and major theories of the scholars and opinions of the courts, with an eye to fully presenting the track of Preemption, important criticisms, and possible solutions mentioned in the past. Third, I will turn to statutory interpretation focusing on the two most significant theories, namely Textualism and Purposivism, and introduce respectively while emphasizing the application, evolvement, and comments in the field of Preemption. Lastly, after properly inferring the Preemption doctrine, Textualism, and Purposivism, I will summarize and further specify my opinion with application, in order to address my proposed solution, that is to reconstruct the legal framework of the Preemption doctrine with more appropriate standards and tests, all for the purpose of reflecting the preemption and its application and establish a logically coherent theoretical foundation.