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Looking At The Future Of Preemption

Law360 (November 11, 2008, 12:00 AM EST) -- In December 1854, pioneering scientist Louis Pasteur, during a lecture, observed, “In the fields of observation chance favors only the prepared mind.” While this phrase has often been used to explain unexpected discovery in science, it also has application to evolving concepts in the law.

The concept of stare decisis allows for the incremental, yet at times discontinuous development of the legal system’s sense of fairness and justice. Observation of trends in lines of cases allows the perceptive practitioner to predict, with some level of certainty...
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