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over the government regulation of business. in the roberts court, people care about about government regulation of business. when they care enough, then make a federal case out of it. pre-emption cases also indicate conflicts over how certain social problems are best regulated through to an agency paradigm, a regulatory paradigm, or two judges and common-law decision making? finally, pre-emption cases often arise when states take action with respect to hot-button issues of the day. for example, immigration reform. for all of these reasons, we have a lot of pre-emption cases. i do not think that is when to change. i want to add an additional reason or hypothesis. that is because pre-emption cases are hard. they are very hard. why are they very hard? because the touchstone is congressional intent. congress often does the rest of us no favors as we try to figure out what congress had in mind when they wrote a law. do we look at the structure of the statute? do we look mo ....

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