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Topic: Preemption (law)

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Occ’s Aggressive Preemption Of States' Consumer Banking Protection Furthermore, the OCC’s harmful precedent of allowing state consumer laws to be trampled where there is no inconsistent federal law has had a chilling effect on those who are pressing banks to do more to meet the banking needs of their constituents. Generally, State law applies to national banks unless the State law is in direct conflict with the Federal law, Federal law is so comprehensive as to evidence Congressional intent to occupy a given field, or the State law stands as an obstacle to the accomplishment of the full purposes and objectives of the Federal law. Congress should be moving to stem the damage and prevent this creeping erosion of state authority by clarifying that states have the authority to regulate national banks and by requiring the OCC to adhere to traditional preemption principles. www.consumersunion.org /finance/9171rptdc798.htm

Encyclopedia: Preemption of State and Local Laws Preemption would only occur if the federal and state laws were mutually exclusive. 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. The second type of implied preemption is preemption because state law impedes the achievement of a federal objective. www.nationmaster.com /encyclopedia/Preemption-of-State-and-Local-Laws

CFR Publications: Findings Report: Preemption 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. The first session of the "Old Rules, New Threats" roundtable, jointly sponsored by the Council on Foreign Relations and the American Society of International Law, focused on the principle of preemption and its practical applications, particularly with regards to terrorism and combating weapons of mass destruction (WMD) in Iraq and elsewhere. Although there was no consensus about next steps, two main legal approaches emerged: (1) take existing law, pursue a comprehensive threat assessment, and modify international law accordingly; or, (2) outline desired strategic outcomes, devise policies for achieving them, and seek to devise and/or modify rules to accommodate the preferred policies. www.cfr.org /publication.php?id=5472

EPIC Privacy and Preemption Page Preemption is a frequently debated topic in the current Congress because provisions of the Fair Credit Reporting Act (FCRA) that preempt state law in six areas will soon expire. 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. Federal preemption of state and local law presents a very serious challenge to our constitutional system of federalism...One of the advantages of federalism is that allows for greater responsiveness and innovation through local self-government. www.epic.org /privacy/preemption

State Legislatures magazine, Sept. 1999: Federal preemption Congress has passed in recent years several more-limited preemptions of state tort law, including a law last year that provides liability protection for suppliers of raw materials for medical devices. The hope is that these bills, in the same way, will help limit federal preemption of state and local law. The fear is that the Internet Tax Freedom Act simply sets the stage for a permanent preemption of state tax authority over electronic commerce. www.ncsl.org /programs/pubs/999legis.htm

Contracts, Copyright and Preemption in a Digital World Rather it is to demonstrate that the two views are different, that they lead to dramatically different conclusions about the issue of preemption of state law, and that there has been a slow evolution over the years away from the property view and toward the liability view. One significant area, and the subject of this article, is that of copyright preemption of state contract law. In addition to this "statutory" preemption of state law, preemption may also be available under a general analysis relying on the Constitution's Supremacy Clause. law.richmond.edu /jolt/v1i1/hardy.html

Advocacy.org: Making the Case: Preemption of State and Local Tobacco Control Policies Preemption should be avoided except in very rare instances where it is abundantly clear and uncontroverted that federal law must “occupy the field” or the policy initiative will fail. Simply put, preemption is the restriction or prohibition by state or federal law of the enactment or enforcement by lower jurisdictions of their own law in a given topic area. The deleterious effects of preemption on local efforts to reduce children’s access to tobacco products and to protect non-smokers against involuntary exposure to environmental tobacco smoke in public places are well-documented.[xi] State-level preemption of health-related tobacco legislation was first employed by tobacco industry supporters in Florida in 1985. www.advocacy.org /publications/mtc/preemption.htm

HIPAA: Preemption Analysis The product of these analyses are templates focusing on different areas of Oregon law, and analyzing each statute and section for HIPAA preemption issues. This committee then used the analyses, as well as recommendations from committee members, to develop legislation amending or repealing Oregon law as necessary to reflect HIPAA preemption. Development of a HIPAA preemption analysis for Oregon has been a collaborative process. www.oahhs.org /issues/hipaa/preemption_analysis.htm

Preemption - Wikipedia, the free encyclopedia Preemption (law), the displacing effect that federal law will have on a conflicting or inconsistent state law (Redirected from Preemption of state and local laws in the United States) Preemption rights, the right of existing shareholders in a company to buy shares offered for sale before they are offered to the public. en.wikipedia.org /wiki/Preemption_of_state_and_local_laws_in_the_United_States   (146 words)

State of Play III Speakers He regularly publishes on issues dealing with the intersection between computers and law, including papers dealing with the regulation of the Internet, the use of artificial intelligence in law, and high technology aspects of intellectual property. Rosini is a member of many bar associations’ sections and committees on intellectual property and entertainment including the American Bar Association, the International Bar Association, the Museum of Radio and Television, the New York Intellectual Property Law Association, the New York County Lawyer’s Association, the U.S. Copyright Society, and the International Trademark Association. Alan Meades is a Computing Officer at Canterbury Christ Church University, Broadstairs, UK where he supports the Digital Media degree course. www.nyls.edu /pages/2560.asp   (8323 words)

9-2500-8207-2 § 216B.43 (1994).  Rather, it is contended that recent federal decisional law requires the Commission to determine that an application of the statute in this proceeding would frustrate the federal purposes underlying the Rural Electrification Act and to conclude that federal preemption has occurred. 1994), the court recognized that the issue of preemption of state law by federal law is really an exercise in the application of the supremacy clause of Article 6 of the United States Constitution.  See, Wabash Valley Power Association, Inc. v. The motion of Peoples Cooperative Power Association, Inc. for an Order of the Administrative Law Judge recommending to the Minnesota Public Utilities Commission that the proceeding be dismissed is DENIED. www.oah.state.mn.us /aljBase/25008207.or.htm   (8323 words)

Schindel, Farman & Lipsius LLP Because the preemption provisions of 49 U.S.C. §§ 14501(c)(1) and 41713(b)(4) express a clear congressional intent to occupy the entire field of price and services in interstate contracts of carriage, state law cannot be used by Mudd-Lyman to impose liability on UPS. When, as here, specific preemption provisions evince a clear congressional intent to occupy the field, the parties' contractual choice of state law may not be construed so as to avoid federal preemption in favor of a conflicting state law. Rather, the briefs submitted by Mudd-Lyman focus solely on its argument that a choice-of- law provision in the software license agreement requires that Georgia law be applied to this dispute, and that application of Georgia law would dictate that summary judgment be entered in Mudd-Lyman's favor. www.sfl-legal.com /recentd03/muddvups.htm   (8323 words)

Superintendent of Banks Diana L. Taylor Testifies before Congress Opposing OCC Preemption of State Consumer Protection Laws Preemption traditionally involves a federal law supplanting a conflicting state law. The OCC has preempted lending and deposit laws for national banks; they have exempted them from the enforcement of any consumer protection laws by any entity other than itself; and they have granted operating subsidiaries the same preemption rights and visitorial immunity as the parent banks. Thank you for inviting us to discuss our concerns about the Comptroller of the Currency’s recent preemption of state consumer protection laws and enforcement authority. www.banking.state.ny.us /sp040128b.htm   (8323 words)

Federal Preemption Now a Barrier to Local Tobacco Ordinances, Health Law Perspectives, Health Law and Policy Institute Until recently, tobacco control advocates were mostly concerned about preemption in the context of state laws that prevent local jurisdictions from enacting laws more stringent than state law mandates. The FCLAA’s preemption provision prohibits states from requiring cigarette packages to bear statements related to smoking and health other than the warning label required by federal law. The Court held that Massachusetts demonstrated a “substantial, and even compelling” interest in preventing minor’s access to tobacco products, and that the state “adopted an appropriately narrow means of advancing that interest.” Therefore, regulations requiring retailers to place tobacco products behind counters withstood First Amendment scrutiny. www.law.uh.edu /healthlawperspectives/PublicHealth/010817Federal.html   (8323 words)

Workplace Prof Blog If it does, the deemer clause should lead to ERISA preemption of the state law; if not (that is, it insures its health plans through another company), it should be saved from ERISA preemption as a law that regulates insurance under ERISA's Savings Clause. For those unfamiliar with this complicated area of labor law, although unions are permitted to engage in primary strikes and primary boycotts through protected Section 7 activity, secondary strikes and boycotts have been declared unlawful under Section 8(b)(4) of the NLRA. The NLRB has decided to pass on whether the use of a giant inflatable rate (see left and thanks to Labor Law Blog for the picture)) has the tendency to coerce and intimidate and thus, lead to a secondary boycott ULP on part of the union under Section 8(b)(4)(ii)(B). lawprofessors.typepad.com /laborprof_blog   (7080 words)

TN760E Tie Trunk (4-wire, 4 ports) The TN760 circuit pack supports outgoing, Multilevel Precedence and Preemption (MLPP). The TN760 circuit pack provides release link trunks required for the CAS feature and has administrable A-Law and µ-Law companding. Option switches on each TN760 circuit pack port can select connections to Type 1 E and M standard unprotected format, Type 1 E and M compatible unprotected format, Type 1 E and M compatible protected format, and Type 5 simplex format. support.avaya.com /elmodocs2/comm_mgr/r1_3/cd823_3/solutions/circuit_pack41.html   (143 words)

pb113.htm 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. Preemption, narrowly defined, has long been an important and widely accepted policy option for the United States. Elevating preemption to the level of a formal doctrine may also increase the administration's inclination to reach for the military lever quickly, when other tools still have a good chance of working. www.brook.edu /comm/policybriefs/pb113.htm   (143 words)

Limited Preemption of Firearms Laws, David Kopel, Independence Institute In states which enact preemption laws, the leading model is to totally forbid local gun laws. That horrible Court opinion did not preclude a constitutionally-conscientious state legislator from voting for a Free Speech Preemption Bill which would abolish local anti-speech laws similar to the law which was used to imprison Debs. For example, a "Facts and Information" brochure about preemption laws states that there is no preemption in Connecticut, Massachusetts, Nebraska, and New York. www.davekopel.com /2A/IB/Limited-Preemption.htm   (143 words)

New Rules Project - Governance - Devolution and Preemption Fed up with repeated state preemption of local laws, Michigan cities have spearheaded a campaign to require a two-thirds vote of the Legislature, rather than a simple majority, to pass any law dealing with an issue that could be addressed by city, county, village or township government. The Office of the Comptroller of Currency, OCC, the chief regulator of national banks, and the Office of Thrift Supervision, OTS, which regulates thrifts, savings and loans, have preempted dozens of state banking laws designed to protect consumers, ensure fair lending, and maintain competition. New Rules Project - Governance - Devolution and Preemption www.newrules.org /gov/devolution.html   (143 words)

Letter to the Office of the Comptroller of the Currency (OCC) Regarding Opposition to Proposed Rule on Preemption We also oppose the proposed preemption amendment to Part 34, section 34.4, concerning preemption of laws related to real estate lending. While the House bill would expand the preemptions somewhat, yet stops far short of a broad preemption of all state laws that affect the obligations of creditors (including national banks) as users of credit reports. Congress is currently engaged in a detailed debate about whether to extend some or all of those temporary preemptions. www.consumersunion.org /pub/core_financial_services/000770.html   (143 words)

Law - Wikipedia, the free encyclopedia (See conflict of laws, Preemption of State and Local Laws.) Thus, at any one place there can be conflicting laws in force at the local, regional, state, national, or international levels. The civilian legal system or civil law system is the general typology of legal systems found in most countries. phatnav.com /wiki/wiki.phtml?title=Law   (143 words)

Air Force Law Review: The use of conventional international law in combating terrorism: a maginot line for modern civilization employing the principles of anticipatory self-defense & preemption This article analyzes the existing concepts of the right of self-defense and preemption under international law. Air Force Law Review: The use of conventional international law in combating terrorism: a maginot line for modern civilization employing the principles of anticipatory self-defense and preemption The use of conventional international law in combating terrorism: a maginot line for modern civilization employing the principles of anticipatory self-defense and preemption www.findarticles.com /p/articles/mi_m6007/is_55/ai_n8585593   (1273 words)

Journal of Computer & Information Law By contrast, a digital computer patented in terms of an algorithm would prevent use by all computer architectures (known or later developed), in all computer languages, for all utilities, that is, it preempts computer use of the algorithm. Indeed, all the usefulness of computer science ingenuity lies hidden in the subjective meaning of the symbols and simply doesn't occur until the computed result is applied to the context of the question solved. They are not the computation itself, that is, machine instruction is not the instructed machine, nor does it constitute any physical part or component of the actual computation, no more than a menu is a part of a meal, or a highway sign the destination. www.jmls.edu /JCIL/17/wagner.html   (8579 words)

Why You Should Oppose UCITA This is a broad definition, and under current law, it almost certainly includes personal computers and most of the types of software that you’d buy in software stores. If they filter the junk out of their electronic mail, they risk being held accountable for having received messages that their computer completely hid from them (as it was supposed to do). The corporate computers identify the spam as having a traditional title or as originating from an internet service provider that routinely hosts spammers. www.badsoftware.com /claw2000.htm   (8329 words)

Second Amendment Law Library Norman Heath, Exposing the Second Amendment: Federal Preemption of State Militia Legislation. The Second Amendment Law Library originally created by Mark Fuller and Steve West, formerly at www.2ndlawlib.org, has unfortunately closed. It is from these debates that the concept for a Bill of Rights and the Second Amendment were born. www.guncite.com /2ndlawlib.html   (285 words)

Alan Korwin - Media Services, Arizona Court decisions may have re-written the state preemption law, possibly allowing local governments to pass laws different from state law, which is currently prohibited; also, "activist" judges have severely jeopardized the open carry laws on the books for decades. Under the general banner of crime reduction, and citing the Brady law for its authority, the FBI plans to tax the retail sale of handguns and long guns, starting Nov. 30, if their new computer systems are ready in time. Remember that a state may be listed as having reciprocity of some sort, but local police may not know it, may not abide by it and may decide to disarm and arrest you anyway. www.gunlaws.com /msaz.htm   (2397 words)

Mart & deVries: Callifornia Attorneys, Insurance Bad Faith Massachusetts 471 US 724, 105 S.Ct. 2380 (1985), (state law mandating insurance benefits was a law which regulated the business of insurance and was saved from preemption by ERISA’s savings clause). Forsyth’s direct conflict analysis is, in a sense, the mirror image of the conflict analysis applied in Ward to find that California’s common law notice-prejudice rule does not conflict with ERISA’s civil enforcement provision. One approach to undermining Pilot Life was to argue that much of the decision is dictum because Pilot Life dealt with only Mississippi’s common law of bad faith which was not limited to insurance, and that there is no real conflict between insurance-related state law tort remedies and ERISA’s remedies. www.califinsurancelaw.com /tide.html   (2397 words)

AllRefer.com - General Land Office (U.S. History) - Encyclopedia Empowered to survey, manage, and dispose of the public domain, the office administered the preemption acts, homestead laws, and all legislation affecting public lands. After 1900 it was more concerned with conservation of the remaining land. reference.allrefer.com /encyclopedia/G/GeneralL.html   (184 words)

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