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There's a plausible case for preemption.
So it's not a case for preemption.
This new hybrid framework highlights an additional theory for preemption of these subfederal employer-sanctions laws.
But What's the Legal Case for Preemption?, Washington Post, p. B2, August 18 , 2002
When we were going after some improper practices at the investment houses, the SIA [Securities Industry Association] lobbied for preemption down on the Hill.
Legislative displacement of federal common law does not require the "same sort of evidence of a clear and manifest [congressional] purpose" demanded for preemption of state law.
Similar(38)
My vote, is not, however, a vote for any new doctrine of preemption, or for unilateralism, or for the arrogance of American power or purpose--all of which carry grave dangers for our nation, for the rule of law and for the peace and security of the people throughout the world.
"The only issue where we differed [on the 2010 Dodd-Frank Wall Street reform legislation] was over the degree of preemption for the national banks...
Although a good argument can be made for field preemption because the Private Securities Litigation Reform Act ("PSLRA") comprehensively prescribes standards for securities class actions, let's consider only the case for "obstacle prevention". Here, the PSLRA expresses at least two important federal policies that are frustrated by a "loser pays" rule.
A state, through an official having primary enforcement or interpretative responsibilities for the state consumer leasing law, may apply to the Bureau for a preemption determination.
We propose new CSPF algorithms for minimizing preemption of lower priority LSPs without requiring any enhancements to the recently proposed link-state parameters.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com