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Topic: Preemption

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	Preemption (law) - Wikipedia, the free encyclopedia
		Implied preemption has, within itself, three sub-categories: conflicts preemption, preemption because state law impedes the achievement of a federal objective, and preemption because federal law occupies the field.
		Conflicts preemption is where it is impossible to comply with both the federal statute and the state or local law.
		The second type of implied preemption is preemption because state law impedes the achievement of a federal objective.
	en.wikipedia.org /wiki/Preemption_(law) (634 words)

	Preemption - Wikipedia, the free encyclopedia
		Preemption (computing) — the ability of an operating system to stop a currently scheduled task in favour of a higher priority task
		Preemption right — the right of existing shareholders in a company to buy shares offered for sale before they are offered to the public.
		Preemption Line — the line that divided the Indian lands of western New York State that had been awarded to New York from those that had been awarded to the Commonwealth of Massachusetts by the Treaty of Hartford of 1786.
	en.wikipedia.org /wiki/Preemption (173 words)

	Brady Campaign - Preemption Laws
		A: Preemption laws are state laws that generally prohibit localities (cities, counties, etc.) from regulating the ownership, use, possession, or transfer of firearms in some or all ways.
		Preemption legislation ties the hands of local officials in dealing with violent crime problems that are specific to their communities.
		Preemption laws are usually retroactive, as well as proactive; they strike down existing local ordinances, as well as prevent the enactment of any future local gun laws.
	www.bradycampaign.org /facts/faqs/?page=preemption (943 words)

	EPIC Privacy and Preemption Page
		Preemption is an issue of legislative power--if the federal government preempts the states on a field of law, that action effectively expands the jurisdiction of Congress to the detriment of states and local governments.
		In the 1990s, the preemption debate focused mainly on state legislatures that were preempting counties, towns, and cities from passing legislation on tobacco regulation.
		As a general matter preemption is inconsistent with the structure of privacy law in the United States, and similar proposals have often killed important efforts to enact privacy legislation.
	www.epic.org /privacy/preemption (3880 words)

	The New National Security Strategy and Preemption (Site not responding. Last check: 2007-10-31)
		Preemption, defined as the anticipatory use of force in the face of an imminent attack, has long been accepted as legitimate and appropriate under international law.
		The administration asserts that deterrence of the kind that prevailed during the cold war is unlikely to work with respect to rogue states and terrorists—which the administration claims are not risk-averse—and which view weapons of mass destruction not as weapons of last resort but as weapons of choice.
		Legal scholars and international jurists often conditioned the legitimacy of preemption on the existence of an imminent threat—most often a visible mobilization of armies, navies, and air forces preparing to attack.
	www.brook.edu /comm/policybriefs/pb113.htm (3481 words)

	Policy Implications of the Bush Doctrine on Preemption - Council on Foreign Relations
		But maintaining the option of preemption is very different from promulgating a new doctrine, for this implies that preemption is not just a foreign policy tool, available for the rare circumstance in which its use might prove necessary, but a policy preference for dealing with threats of this kind.
		Accordingly, preemption is justified not just to prevent the use of weapons of mass destruction but also their acquisition.
		Whatever the merits and demerits of a preemption doctrine, there are practical problems with relying on such a policy for dealing with the current threat in all but the most extreme situations.
	www.cfr.org /publication/5251/policy_implications_of_the_bush_doctrine_on_preemption.html (2308 words)

	State Legislatures magazine, Sept. 1999: Federal preemption
		To correct this problem, Baker argues that Congress should enact preemption legislation as a means of enforcing "day-to-day" respect for principles of federalism.
		Farfetched theories of implied preemption are raised in litigation.
		On preemption issues and on federalism issues generally, recent actions by the U.S. Supreme Court favoring states' rights stand in contrast to the actions of Congress and federal administrative agencies.
	www.ncsl.org /programs/pubs/999legis.htm (1778 words)

	Enforcing Individual Rights Through the Business Language of Preemption (Site not responding. Last check: 2007-10-31)
		Moreover, while preemption claims are helpful in challenging state or local actions that are codified in a statute, regulation, or written policy, they have not generally been used to attack discrete violations of federal law, unwritten policies or practices, or inaction.
		Moreover, the weakness of a preemption claim is also its strength: the unavailability of damages and attorneys’ fees makes courts less concerned about opening the floodgates to a new wave of lawsuits.
		Preemption doctrine arises from the Supremacy Clause, whose fundamental purpose is to ensure that federal law is supreme, not to protect individuals.
	www.nsclc.org /news/05/04/FR_preemption_buslang.htm (1064 words)

	Victor Davis Hanson on National Review Online
		’Preemption" is supposed to be the new slur.
		Preemption is a concept as old as the Greeks.
		On a more immediate level, preemption was how many of us stayed alive in a rather tough grade school: Confront the bully first, openly, and in daylight — our Texan principal warned us — before he could jump you as planned in the dark on the way home.
	www.nationalreview.com /hanson/hanson200402270800.asp (1371 words)

	Preemption Documents
		This index analyzes the implementation of the preemption provisions in Federal hazmat law by DOT and the courts.
		A more general preemption standard ("inconsistent") was contained in the original HMTA, "in order to preclude a multiplicity of state and local regulations and the potential for varying as well as conflicting regulations in the area of hazardous materials transportation." S.Rep. No.
		Any person "aggrieved" by a decision on an application for a preemption determination or a waiver of preemption may file a petition for reconsideration within 20 days of service of that decision.
	rspa-atty.dot.gov /preempt/intro.html (765 words)

	Federal Preemption of State and Local Airport Regulation (Site not responding. Last check: 2007-10-31)
		The discussion and cases cited here are limited to the question of preemption of (1) state or local regulation of airport noise and (2) state-law causes of action based on airport noise, e.g, injunctive relief, inverse condemnation, or compensatory damages.
		The court finds no federal preemption of its ability to issue an injunction since it is not engaged in regulation of airspace but in the regulation of land use.
		Because of preemption, cities, counties, and states are not able to regulate airport operations based on their "general police powers".
	home.netvista.net /~hpb/preempt.html (3293 words)

	Findings Report: Preemption - Council on Foreign Relations
		Discussants stressed the need to understand the advantages, risks, challenges, and constraints of preemption; and how it differs from, complements, and potentially conflicts with alternative strategies such as prevention, deterrence, and containment as well as how it affects the pursuit of national interests and the establishment of international law.
		On a pragmatic basis, reference was made to the recent assessment by the Director of Central Intelligence that a declaratory policy of preemption and the mobilizations that would entail would likely increase the risk of Iraqi WMD use, posing a self-fulfilling prophecy.
		Nonetheless, some voiced opinions that the NSS is strategically imprudent, concluding that the formulation and enunciation of a doctrine of preemption is provocative, exacerbates the “security dilemma,” reduces the ability to de-escalate crises, and suggests that the use of force is a first, rather than a last, resort.
	www.cfr.org /publication.html?id=5472 (1646 words)

	Jennifer S. Hendricks, Preemption Of Common Law Claims And The Prospects For Fifra: Justice Stevens Puts The Genie Back ... (Site not responding. Last check: 2007-10-31)
		An express preemption clause typically says that it preempts state "regulations," "standards," "requirements," or "laws." Courts must decide whether the duties forming the basis for tort liability are "regulations," "standards," "requirements," or "laws," as Congress intended those terms to be interpreted when it enacted the express preemption clause.
		Preemption doctrine thus lost the benefit of Justice Steven's effort in Cipollone to tie the preemption analysis closely to Congress's expressed intent.
		Preemption under these two statutes, however, is so complete that a complaint purporting to plead common law claims will be construed as stating a claim under the federal law and can thus be removed.
	www.law.duke.edu /journals/delpf/articles/delpf15p65.htm (12954 words)

	Preemption (Site not responding. Last check: 2007-10-31)
		With the proliferation of environmental and energy laws at both federal and state levels, it was perhaps inevitable that perceived conflicts between the requirements or purposes of these laws would lead to increasing claims in federal courts that the state laws were preempted by their federal counterparts.
		In other preemption cases the courts have relied extensively on oral testimony and other evidence submitted by the parties, even in resolving questions concerning the intent and manner of operation of the statutes involved, the effect of the challenged state law and the extent of any alleged conflict with federal law.
		While finding that there was such a national policy, the court nevertheless declined to find preemption because the federal statute embodying this national policy had not attempted to disturb the states' authority to impose such a moratorium.
	www.rbeerslaw.com /preempt.html (1220 words)

	AEI - Events
		Corporations and federal agencies respond that preemption is often the only viable safeguard against unwarranted state interferences with the national economy.
		Preemption disputes along these lines have become a focal point of political debate and judicial decisions in a wide range of regulatory arenas, including financial regulation, automobile safety, clean-air laws, the regulation of telecommunications, energy, and other network industries, securities law, consumer products standards, pharmaceutical drugs, pesticides, outboard motors, and mattresses.
		But the preemption debate is being waged in the context of broader, sometimes constitutional, arguments and presumptions concerning the role and utility of federalism and “states' rights” in a modern, highly mobile, and integrated economy.
	www.aei.org /events/eventID.1294/event_detail.asp (433 words)

	Traffic Engineering Operations Section (TEOS) Traffic Signal Preemption Systems
		A traffic signal preemption system is an electrical device or devices that allow a traffic control signal to respond uniquely to the approach of a particular type of vehicle or the occurrence of an unusual condition at or near a highway intersection.
		A signal mounted preemption system requires the installation of receiving device within the traffic control signal cabinet that responds to a remote triggering device attached to specific authorized vehicles.
		These systems may be used for the preemption of normal traffic control signal operation by the approach of emergency vehicles, or may be used to modify the length of the green light time to allow for more efficient transit operation.
	www.oregon.gov /ODOT/HWY/TRAFFIC/Signal_Preemption_Systems.shtml (355 words)

	Linux (kernel) - Wikipedia, the free encyclopedia
		Kernel mode preemption means device drivers can be preempted under certain conditions.
		Preemption also improves latency, increasing responsiveness and making Linux more suitable for real-time applications.
		The fact that Linux is not a microkernel was the topic of the famous Tanenbaum-Torvalds debate.
	en.wikipedia.org /wiki/Linux_kernel (3298 words)

	Limited Preemption of Firearms Laws
		These preemption laws have two foundations: First and foremost, protecting citizens from infringement of their federal Second Amendment rights, and from infringements of their state constitutional rights to arms and rights to self-defense.
		In states which enact preemption laws, the leading model is to totally forbid local gun laws.
		Especially in a period when ordinary citizens everywhere in America face the possibility of being attacked by foreign terrorists, it is appropriate for the state legislature to eliminate laws which substantially interfere with the ability of Coloradoans to protect their families and communities.
	www.davekopel.org /2A/IB/Limited-Preemption.htm (2678 words)

	FAA Preemption: GP\|Solo Magazine - March 2005 - ABA General Practice, Solo and Small Firm Division (Site not responding. Last check: 2007-10-31)
		The law of contract guarantees no one an absolute right to have a private written agreement enforced exactly “as written.” All contracts are subject to background state contract law, which will provide, as a matter of public policy, that certain terms cannot be enforced as written.
		The Court has held that “state law, whether of legislative or judicial origin” is saved from preemption if it “arose to govern issues concerning the validity, revocability, and enforceability of contracts generally.
		Southland and the doctrine of FAA preemption are an anomaly in the Rehnquist court’s current “federalism revival” and should be overruled once and for all.
	www.abanet.org /genpractice/magazine/march2005/faapreemption.html (1117 words)

	Linux Scheduling and Kernel Synchronization > Preemption (Site not responding. Last check: 2007-10-31)
		Preemption is the switching of one task to another.
		Because kernel preemption is the standard in Linux 2.6, we describe how full kernel and user preemption operates in Linux.
		There are two possibilities for implicit kernel preemption: Either the kernel code is emerging from a code block that had preemption disabled or processing is returning to kernel code from an interrupt.
	www.informit.com /articles/article.asp?p=414983&seqNum=2 (973 words)

	Preemption in Concurrent Systems - Berry (ResearchIndex) (Site not responding. Last check: 2007-10-31)
		Well-defined preemption mechanisms are essential in control-dominated reactive and real-time programming, and accurate handling of preemption requires a time-dependent model.
		We first informally discuss what preemption is about and argue for the need of preemption primitives that are fully orthogonal with sequencing and concurrency ones.
		0.5: Taxonomy and Expressiveness of Preemption: A syntactic..
	citeseer.ist.psu.edu /berry93preemption.html (669 words)

	Preemption of the HIPAA Privacy Rule
		In the absence of a preemption database, covered entities may want to create their own database using a preemption decision form as a starting point (see “Sample Preemption Decision Form”).
		This form could be completed and retained in a preemption database for reference by others in the organization when faced with similar questions of preemption.
		If the matter needs to be referred to legal counsel, the preemption decision form could be forwarded to legal counsel and a copy retained in the preemption database.
	library.ahima.org /xpedio/groups/public/documents/ahima/bok1_010548.hcsp?dDocName=bok1_010548 (1414 words)

	New York State Office of Mental Health HIPAA Preemption Analysis
		No Preemption: State law applies; the use/disclosure of PHI is required by law; provided it complies with that law, it is not preempted, though the disclosure must be limited to the relevant requirements of the law.
		No Preemption: Federal statute (42 USCA §10805) provides for the establishment of a system of protection and advocacy services for psychiatric patients who may be the subject of abuse or neglect.
		No Preemption: To the extent that a use or disclosure is made to a DCS in the exercise of its statutory health oversight duties and/or specialized government functions (i.e., as administrators of the Medicaid program), it is not preempted.
	www.omh.state.ny.us /omhweb/hipaa/preemption_html/MHLARTICLE31-33-43.htm (9585 words)

	[No title]
		The provision of traffic preemption allows Fire apparatus and nearby traffic to proceed through intersections smoothly, eliminating the need for Fire apparatus to go against traffic and a red signal.
		Because of issues relative to compatibility of operation, the Opticom system manufactured by 3M is the standard traffic preemption system utilized by the various jurisdictions within Pinellas County.
		The traffic preemption project requires a recurring annual maintenance cost of $300 per intersection for a total annual maintenance cost of $20,700.
	www.largo.com /Commission_agendas/commission_packets/mar_12_2002/traffic_preemption.html (1068 words)

	NRA-ILA :: Fact Sheets
		If charged with a violation of an obscure local ordinance, the honest gun owner faces, at the very least, great expense and devotion of time to clearing his or her good name in court, and retrieving any firearms and other property confiscated by law enforcement officials.
		To prevent the problems associated with restrictive local ordinances, 43 states have enacted "firearm preemption laws"--laws that prevent local jurisdictions from imposing ordinances more restrictive than laws passed by the state legislature and, in some cases, rescind local ordinances to ensure uniform firearm laws statewide.2
		The NRA works with gun owners and lawmakers to enact preemption laws in the few states that still permit local ordinances more restrictive than state law.
	www.nraila.org /Issues/FactSheets/Read.aspx?ID=48 (477 words)

	US Comptroller of the Currency is Shredding State Consumer Protection Laws
		The fear, of course, was that the attorneys general access might, somehow, be a foot in the door for the states and a diminution of the national bank's preemption authority.
		Seldom mentioned in the battle over national bank preemption is the special interest in the financial well-being of the Office of the Comptroller of the Currency.
		So, preemption is a convenient tool with which to encourage national banks to stay in the OCC fold.
	www.commondreams.org /views03/1011-07.htm (1020 words)

	New Rules Project - Preemption Watch - January 2005
		While we accentuate the positive, we recognize the negative: the disturbing and seemingly accelerating tendency by the federal government to undermine and even to preempt local and state initiatives.
		We hope that in the coming months, blue states and red states, blue communities and red communities can work together to demand that they be given the authority to protect their futures.
		The new law includes a permanent extension of FCRA’s state preemptions, and an expansion of the kinds of state actions that are prohibited.
	www.newrules.org /preempt/2005jan.html (1448 words)

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