Auckland, New Zealand has 730 buses talking to 174 intersections using signal preemption, and their conversations are listed on 180 on-street information displays showing buses' estimated arrival times.
One of the great difficulties of evaluating the comparative advantages and disadvantages of deterrence versus preemption is that once we have taken preemptive action, it is almost never possible to know whether deterrence would have worked as well or better.
Levine had overturned an earlier preemption standard, and that its request for input from the solicitor general on another case involving Wyeth Pharmaceuticals drug Reglan in May suggested it was still looking at the issue of preemption in a broad light.
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Businesses should be more interested in tricky questions about federal preemption of state laws and the jurisdiction of federal courts, Greve said.
This is true even though Israeli preemption may serve both Israeli and U.S. interests.
However, in the worst-case scenario, preemption could be highly destabilizing and escalatory.
Before the vote Thursday, bank interests had already successfully knocked back proposals that would have taken away their power to assert federal preemption over tougher state lending and consumer protection laws, something they spent the better part of the 1990s litigating.
And the increased danger of getting cut in half may require increased reliance on destabilizing preemption strategies.
Of course, the Supreme Court has long recognized a strong presumption against federal preemption, which requires courts not to find state laws preempted unless that was the clear and manifest purpose of Congress.
Vince Galvin of Bowman and Brooke, who represents Toyota in the current multidistrict litigation over unintended acceleration in its cars, acknowledged that preemption was unlikely to be an issue in that case.
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