Northwestern University Law Review’s Colloquy site has published the first installment of Catherine Sharkey’s extended “essay post” on what Riegel v. Medtronic portends for FDA preemption. Here’s a link.

Professor Sharkey proposes “that, when trying to determine whether or not state law should be preempted by federal agency action, courts should look to the regulatory record to determine whether or not an agency actually considered the risks that the state law attempts to protect against.”

Whether or not we agree with Professor Sharkey’s analysis, we’re always pleased to see her laboring in this field.