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9781590317440

Federal Preemption of State and Local Law Legislation, Regulation and Litigation

by
  • ISBN13:

    9781590317440

  • ISBN10:

    1590317440

  • Format: Paperback
  • Copyright: 2007-02-15
  • Publisher: American Bar Association
  • Purchase Benefits
List Price: $74.95
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Summary

Preemption is a doctrine of American constitutional law, under which states and local governments are deprived of their power to act in a given area, whether or not the state or local law, rule or action is in direct conflict with federal law. This book covers not only the basics of preemption but also focuses on such topics as federal mechanisms for agency preemption, implied forms of preemption, and defensive use of federal preemption in civil litigation.

Table of Contents

The basics on preemptionp. 1
Preemption categorizationsp. 11
Constituencies for preemptionp. 21
Constitutional backgroundp. 29
Political and policy debatesp. 35
Federal mechanisms for agency preemptionp. 43
Express congressional decisions to preemptp. 51
Implied forms of preemptionp. 65
Defensive use of federal preemption in civil litigationp. 79
Modern trends in preemption litigationp. 91
Preemption and servicesp. 99
Preemption and productsp. 115
Preemption and financial issuesp. 161
Preemption and transportationp. 183
Conclusionsp. 205
Table of Contents provided by Blackwell. All Rights Reserved.

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