There's a plausible case for preemption.
When a case involves a state law that appears to implicate foreign relations, options for preemption include express preemption, conflict preemption, obstacle preemption, field preemption, dormant commerce clause preemption, dormant foreign affairs preemption, and the federal common law of foreign relations.
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
Privacy advocates counter that the push for preemption is a cynical ploy to neuter stricter rules, such as those in the California Consumer Protection Act, signed into law last summer.
When we were going after some improper practices at the investment houses, the SIA [Securities Industry Association] lobbied for preemption down on the Hill.
The Securities and Exchange Commission, on the other hand, has been reluctant to advocate for preemption and unwilling to exercise its delegated power to expand preemption by regulation.
As of Friday, the petition for preemption had about 1,160 signatures, and public awareness will likely increase after the extension opens next week.
O'HANLON: If there was a moment for preemption in North Korea it was 2003 when the Bush administration was more focused on Iraq.
In view of the elevated standards for Tier 2 offerings, the SEC provided for preemption of state law qualification of Tier 2 offerings.
