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Topic: Preemption Act

	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 Act. The Columbia Encyclopedia, Sixth Edition. 2001-05
		A permanent preemption act was passed only after the Eastern states had been placated by the principle of distribution (i.e., the proceeds of the government land sales would be distributed among the states according to population).
		The act of 1841 permitted settlers to stake a claim of 160 acres (65 hectares) and after about 14 months of residence to purchase it from the government for as little as $1.25 an acre before it was offered for public sale.
		After the passage (1862) of the Homestead Act, the value of preemption for bona fide settlers declined, and the practice more and more became a tool for speculators.
	www.bartleby.com /65/pr/Preempti.html (255 words)

	Mexican Homesteaders in the San Pedro River -- Homestead Act and Preemption
		Under the Homestead Act of 1862, signed into law by President Lincoln, settlers were entitled to file for 160 acres of land free, The History of the Public Land Policies McMillan C. 1924 P/347 provided: the homesteaders met all the requirements of homestead laws or Preemption Act of 1841.
		The principle of preemption became rooted in public land laws in 1801 when "squatter's rights" were recognized, to 1841 when "squatters" gained a "priority" right over all others, to buy their claim of public lands, up to 160 acres, at the Government established price.
		The same Preemption Act of September 4, 1841 "made land available to aliens declaring intention of citizenship" (Exhibit 9.4 Refino Chavarria Declaration) and persons seeking to preempt "may send their declaratory statement to the land office by mail, or any other way.
	parentseyes.arizona.edu /booksbyedwardsoza/mexicanhomesteaders/homesteadact.htm (239 words)

	National Securities Markets Improvement Act © 1997 Ronald J. Coffey. (Site not responding. Last check: 2007-10-23)
		In the broker-dealer arena, new Exchange Act section 15(h)(2) prevents states with defined de minimis contacts from prohibiting an associated person of a broker dealer from effecting transactions, where, among other conditions, the associated person and his or her broker or dealer are already registered in a single state.
		The Securities Act curtailments of state jurisdiction are premised upon a so-called "covered security" (1) being involved in a transaction, (2) being the subject of a disclosure document, or (3) being issued by a person to whom a disclosure document relates.
		In the analogous situation of preemption of state regulation as to investment advisers, except for state governmental antideception enforcement, the SEC has taken the position that deception is to be limited to its traditional notions and is not to be expanded to embrace nondeceptive conduct.
	lawwww.cwru.edu /faculty/documents/coffey/top.html (10874 words)

	[No title]
		Act and Commission regulations adopted thereunder are the basis for the inconsistency, because Congress in adopting [s]ection 261(b) and (c) has expanded the scope of the Commission's delegated preemption authority.
		Our preemption decisions are fully consistent with the court's decision in Iowa Utilities Board because, to the extent that we preempt provisions of the Texas statute due to a conflict with the 1996 Act, we do so based on a conflict between the Texas statute and section 251(c)(4)(B).
		In addition to arguing for preemption under section 253, several parties contend that the build-out requirements and resale restrictions in PURA95 section 3.2531 should be preempted as inconsistent with sections 251(b) and (c) of the Act.
	www.fcc.gov /Bureaus/Common_Carrier/Orders/1997/fcc97346.txt (15806 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)

	FindLaw: United States Case Law
		Section 2 of the Act declares the statute's two purposes: (1) adequately informing the public that cigarette smoking may be hazardous to health, and (2) protecting the national economy from the burden imposed by diverse, nonuniform, and confusing cigarette labeling and advertising regulations.
		Although the 1969 Act did not amend 2, we are not persuaded that the retention of that portion of the 1965 Act is a sufficient basis for rejecting the plain meaning of the broad language that Congress added to 5(b).
		Thus, not only does the plain language of the 1969 Act fail clearly to require preemption of petitioner's state common law damages claims, but there is no suggestion in the legislative history that Congress intended to expand the scope of the preemption provision in the drastic manner that the plurality attributes to it.
	caselaw.lp.findlaw.com /scripts/getcase.pl?court=US&navby=case&vol=505&invol=504&friend=oyez (14669 words)

	Preemption Act
		Federal preemption of state universal service regulations under the Telecommunications Act of 1996.
		Preemption of common law claims and the prospects for FIFRA: Justice Stevens puts the genie back in the bottle.(Federal Insecticide,......
		Federalism, Preemption, and Implementation of the 1996 Telecommunications Act.
	www.infoplease.com /ce6/history/A0840041.html (415 words)

	TLPJ - Briefs - Lady v. Outboard Marine Corp. - Nov. 8, 1999
		Based on this "field preemption" theory, OMC argues that permitting damage claims against boat manufacturers "would stand [the Act] on its head by 'allow[ing] a jury to perform a function from which the fifty states' legislative bodies are precluded.'" OMC Brief at 30 (citation omitted).
		Thus, the word "requirement" in the Boat Safety Act is merely used to describe the type of "law or regulation" that is preempted by federal law; it is not, as in Cipollone, intended to designate an entirely separate category of items that are subject to preemption.
		These acts are not directly related to boat engines but rather are general in nature, and thus their preservation is not inconsistent with the preemption of state legislation specifically directed towards boat engine manufacturing.
	www.tlpj.org /briefs/lady2.htm (6133 words)

	Attorney General - Opinion Archives
		The beginning of preemption of the Nebraska Act by the Federal Act must be determined from the language of the Federal Act.
		Since preemption is not predicated upon the USDA regulations being issued, then Congress must have specifically provided a mechanism to delay the timing for preemption.
		It is claimed that the act is objectionable, and repugnant to the above-mentioned section of the constitution, in that different portions of it became operative at different times; that, to fulfill the requirements of the constitution, it must have become of force as a whole at the one date.
	www.ago.state.ne.us /local/opinion?topic=details&id=8 (2531 words)

	TLPJ - Briefs - Celucci v. General Motors Corp.
		The preemption provision by its terms applies only when there is a federal safety standard in place and a state safety standard regulates "the same aspect of performance" as the federal standard.
		Nothing else in the Act or its history is of sufficient force or character to justify a disregard of the plain language of this section.
		GM's implied preemption argument is based on the assertion that the introduction of evidence showing that Daniel Cellucci's 1986 Chevrolet Cavalier would have been safer if it had contained an airbag (in addition to a three-point lap belt and shoulder harness) creates an "actual conflict" with the Safety Act and Standard 208.
	www.tlpj.org /briefs/CELLUCCI.HTM (10102 words)

	76 Wn. App. 614, STEVEDORING SERVICES v. EGGERT
		In the absence of an express statement of preemption in a federal statute, state law is preempted by implication if it actually conflicts with federal law or if federal law so thoroughly occupies a legislative field that a reasonable inference arises that Congress left no room for the states to supplement federal law.
		Under Cipollone, when an act contains express preemption provisions and those provisions are silent with regard to a specific area of state action, the provision is viewed literally: it is assumed that Congress considered the issue and decided against preempting that action.
		The court held that "the Act does regulate the ability of employers to recoup alleged overcompensation from claimants", and that, since "Congress has not been silent" on this subject, there is no implied federal cause of action under the act for repayment of benefits.
	www.mrsc.org /mc/courts/appellate/076wnapp/076wnapp0614.htm (3289 words)

	Electronic Signatures Act
		The Electronic Signatures Act, as it is nicknamed, provides that a contract or digital signature “may not be denied legal effect...solely because it is in electronic form” and permits the completion of business transactions online instead of in person.
		Specifically, it contains a broad preemption provision authorizing electronic signatures and records “notwithstanding any statute, regulation or other rule of law...” However, it also contains specific exemptions to this provision designed to address the relationship between the act and electronic contract and signature laws already approved in many states and pending in many others.
		Accordingly, issues of interpretation will undoubtedly arise, and the impact of the act on specific state laws ultimately may have to be resolved by the courts.
	www.nrwa.org /2001/publications/articles/ElectronicSignatures.htm (1093 words)

	CRS Report: RS20280 - Preemption Language in Federal Environmental Statutes - NLE
		First, federal preemption of state law is a key aspect of the federalism debate that has maintained a high profile in Congress in recent years.
		Second, congressional staff regularly inquire of CRS as to the preemption approaches used in the past, and seek examples of statutory language for use in new bills.
		Thus, the first-listed provision states unequivocally that the Clean Air Act's explicit preemption of most state regulation of automobile emissions should not be construed to mean that the Act preempts state regulation of automobile use.
	cnie.org /NLE/CRSreports/Risk/rsk-26.cfm (2385 words)

	Preemption Act
		, the value of preemption for bona fide settlers declined, and the practice more and more became a tool for speculators.
		Homestead Act - Homestead Act, 1862, passed by the U.S. Congress.
		It provided for the transfer of 160 acres (65...
	www.factmonster.com /ce6/history/A0840041.html (260 words)

	AllRefer.com - Preemption Act (U.S. History) - Encyclopedia (Site not responding. Last check: 2007-10-23)
		You are here : AllRefer.com > Reference > Encyclopedia > U.S. History > Preemption Act
		Preemption Act, statute passed (1841) by the U.S. Congress in response to the demands of the Western states that squatters be allowed to preempt lands.
		More articles from AllRefer Reference on Preemption Act
	reference.allrefer.com /encyclopedia/P/Preempti.html (313 words)

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