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2:33
Law Book Review: Federal Preemption: States' Powers, National Interests by Richard A. Epstein, Mi...
http://www.LawBookMix.com This is the summary of Federal Preemption: States' Powers, Natio...
published: 21 Oct 2012
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5:23
Federal Preemption--Stealing Your Legal Rights
Federal Preemption--Stealing Your Legal Rights By Brenda Fulmer, Esq. Searcy Denney Scarol...
published: 04 Feb 2009
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2:21
Federal Preemption
Outlook 2008: State of American Business....
published: 13 Jan 2008
author: USCC
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6:59
Federal Preemption and State Marijuana Laws
Some people who support marijuana prohibition will claim that state medical marijuana or l...
published: 15 Nov 2014
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4:52
Dodd-Frank and Federal Preemption
Federal Preemption, as we know it, will be changing for nationally chartered institutions ...
published: 20 Jul 2011
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2:03
Jere Beasley on federal preemption of state laws
There is an effort currently underway to remove the rights of consumers to seek justice th...
published: 20 Feb 2012
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18:26
Recent Developments in Federal Preemption of State Securities Law Claims
TRIAL.COM - FS2013 - Duris Holmes RECENT DEVELOPMENTS IN FEDERAL PREEMPTION OF STATE SECUR...
published: 24 Sep 2013
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4:39
Generic Drugs and Federal Preemption
How have arguments that FDA regulation preempts state liability suits against generic drug...
published: 01 Nov 2010
author: LegallyBrief
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160:29
Admin Law 2008 | Administrative Law, Preemption, & Federalism
Which policies prevail when federal agency action conflicts with state law? The Supreme Co...
published: 30 Mar 2014
author: Duke Law
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1:56
Rep. Waxman discusses the dangers of federal drug preemption
Rep. Henry Waxman (D-CA) discusses the dangerous consequences for consumers that would res...
published: 01 Aug 2008
author: hkllp
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4:22
Supreme Court Rules in Favor of Generic Drug Preemption
The United States Supreme Court held in Pliva, Inc. v. Mensing that federal drug labeling ...
published: 26 Jul 2011
author: tcdevoto
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4:05
Congressman Jeb Hensarling preemption of federal bank regulation by states 10 20 09 3 46 PM
Congressman Hensarling discusses the problems of conflicting regulations between state and...
published: 20 Oct 2009
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3:18
America & The Courts 20July09 Preemption Clip
On C-SPAN's America & The Courts from 20July09, Kathleen Sullivan of Stanford Law discusse...
published: 05 Sep 2009
author: regpfj
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64:27
FDA Preemption: The Battle for Supremacy
*This video has been edited. Portions of it were removed because the audio quality was poo...
published: 13 Feb 2015
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64:03
Law 271: Environmental Law and Policy - Lecture 28
Preemption Instructor Holly Doremus. This introductory course is designed to explore funda...
published: 17 Jun 2008
author: UCBerkeley
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7:23
Peter Pitts the case for Preemption
Peter Pitts is co-founder of the Center for Medicine in the Public Interest and senior vic...
published: 23 Jan 2009
author: LBNstudio
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1:29
Madigan: Preemption gave rise to lending problems
Attorney General Lisa Madigan testifies in Washington D.C. on the danger of federal preemp...
published: 15 Jan 2010
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6:50
Preemption of Drug Injury Lawsuits
Upcoming Supreme Court case will determine if you can file a lawsuit against a drug manufa...
published: 18 Mar 2008
author: ThomasJLamb
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5:07
Preemption Song | AP Gov Final
Music & Lyrics by Jake Wright Joey Skeele Chuck Fischer....
published: 28 Jan 2014
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4:58
Preemption
What is preemption? How does it affect government power to protect public health? Learn ho...
published: 11 Sep 2012
author: MUHCRC
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Preemption

Published: 11 Sep 2012
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6:35
Community Broadband Networks and Preemption
Testimony before Commissioners Copps and Clyburn of the Federal Communications Commission ...
published: 28 Sep 2010
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28:06
Whistle Where You Work #4: The Assault on Scientific Integrity, 'Preemption'
First, our panel segment looks at the Assault on Scientific Integrity by the Bush administ...
published: 27 Mar 2010
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4:28
ERISA Preemption - Long Term Disability
Sign Our Petition for ERISA Preemption ! https://www.change.org/petitions/enact-erisa-refo...
published: 30 May 2013
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92:07
Faculty Moot Court featuring Professors Roderick Hills and Catherine Sharkey
On October 28, the NYU Student Animal Legal Defense Fund sponsored a faculty moot court. P...
published: 02 Nov 2011
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Federal preemption refers to the invalidation of a US state law when it conflicts with Federal law.

According to the Supremacy Clause (Article VI, clause 2) of the United States Constitution,

This Constitution, and the Laws of the United States which shall be made in Pursuance thereof ... shall be the supreme Law of the Land; ... any Thing in the Constitution or Laws of any state to the Contrary notwithstanding.

As the Supreme Court stated in Altria Group v. Good, 555 U.S. 70 (2008), a federal law that conflicts with a state law will trump, or "preempt", that state law:

Consistent with that command, we have long recognized that state laws that conflict with federal law are “without effect.” Maryland v. Louisiana, 451 U. S. 725, 746 (1981)

In Altria Group v. Good, the Court wrote:

When the text of a pre-emption clause is susceptible of more than one plausible reading, courts ordinarily “accept the reading that disfavors pre-emption.” Bates v. Dow Agrosciences LLC, 544 U. S. 431, 449 (2005).

In Wyeth v. Levine (2009), the Court emphasized what it called the "two cornerstones" of pre-emption jurisprudence:




This page contains text from Wikipedia, the Free Encyclopedia - http://en.wikipedia.org/wiki/Federal_preemption

This article is licensed under the Creative Commons Attribution-ShareAlike 3.0 Unported License, which means that you can copy and modify it as long as the entire work (including additions) remains under this license.