Justice Scalia’s opinion for the Court in Boyle v. United Technologies Corp. arguably departed from his usual preferences by recognizing a government contractor defense as a matter of federal common law. This Essay offers an alternative rationale for the decision in Boyle grounded in constitutional preemption, and explains why this approach is more consistent with Justice Scalia’s broader methodological and constitutional commitments.
Bradford R. Clark,
Boyle as Constitutional Preemption,
Notre Dame L. Rev.
Available at: http://scholarship.law.nd.edu/ndlr/vol92/iss5/10