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Federal Statutory Preemption Of State And Local Authority
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Author :United States. Advisory Commission on Intergovernmental Relations Publisher : ISBN 13 : Total Pages :104 pages Book Rating :4.3/5 (91 download)
Book Synopsis Federal Statutory Preemption of State and Local Authority by : United States. Advisory Commission on Intergovernmental Relations
Download or read book Federal Statutory Preemption of State and Local Authority written by United States. Advisory Commission on Intergovernmental Relations and published by . This book was released on 1992 with total page 104 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :United States. Advisory Commission on Intergovernmental Relations Publisher : ISBN 13 : Total Pages :100 pages Book Rating :4.:/5 (33 download)
Book Synopsis Federal Statutory Preemption of State and Local Authority by : United States. Advisory Commission on Intergovernmental Relations
Download or read book Federal Statutory Preemption of State and Local Authority written by United States. Advisory Commission on Intergovernmental Relations and published by . This book was released on 1992 with total page 100 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Federal Preemption of State and Local Law by : James T. O'Reilly
Download or read book Federal Preemption of State and Local Law written by James T. O'Reilly and published by American Bar Association. This book was released on 2006 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Preemption Choice by : William W. Buzbee
Download or read book Preemption Choice written by William W. Buzbee and published by Cambridge University Press. This book was released on 2008-12-15 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the theory, law, and reality of preemption choice. The Constitution's federalist structures protect states' sovereignty but also create a powerful federal government that can preempt and thereby displace the authority of state and local governments and courts to respond to a social challenge. Despite this preemptive power, Congress and agencies have seldom preempted state power. Instead, they typically have embraced concurrent, overlapping power. Recent legislative, agency, and court actions, however, reveal an aggressive use of federal preemption, sometimes even preempting more protective state law. Preemption choice fundamentally involves issues of institutional choice and regulatory design: should federal actors displace or work in conjunction with other legal institutions? This book moves logically through each preemption choice step, ranging from underlying theory to constitutional history, to preemption doctrine, to assessment of when preemptive regimes make sense and when state regulation and common law should retain latitude for dynamism and innovation.
Download or read book Preemption, Drawing the Line written by and published by . This book was released on 1986 with total page 92 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Federal Preemption by : Richard Allen Epstein
Download or read book Federal Preemption written by Richard Allen Epstein and published by A E I Press. This book was released on 2007 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book considers federalism's constitutional basis and its practical applications.
Book Synopsis Federal Statutory Preemption of State and Local Authority in Underground Storage Tank Regulation by : Thomas W. Custard
Download or read book Federal Statutory Preemption of State and Local Authority in Underground Storage Tank Regulation written by Thomas W. Custard and published by . This book was released on 1998 with total page 186 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Foreign Affairs Federalism by : Michael J. Glennon
Download or read book Foreign Affairs Federalism written by Michael J. Glennon and published by Oxford University Press. This book was released on 2016-04-15 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: Challenging the myth that the federal government exercises exclusive control over U.S. foreign-policymaking, Michael J. Glennon and Robert D. Sloane propose that we recognize the prominent role that states and cities now play in that realm. Foreign Affairs Federalism provides the first comprehensive study of the constitutional law and practice of federalism in the conduct of U.S. foreign relations. It could hardly be timelier. States and cities recently have limited greenhouse gas emissions, declared nuclear free zones and sanctuaries for undocumented immigrants, established thousands of sister-city relationships, set up informal diplomatic offices abroad, and sanctioned oppressive foreign governments. Exploring the implications of these and other initiatives, this book argues that the national interest cannot be advanced internationally by Washington alone. Glennon and Sloane examine in detail the considerable foreign affairs powers retained by the states under the Constitution and question the need for Congress or the president to step in to provide "one voice" in foreign affairs. They present concrete, realistic ways that the courts can update antiquated federalism precepts and untangle interwoven strands of international law, federal law, and state law. The result is a lucid, incisive, and up-to-date analysis of the rules that empower-and limit-states and cities abroad.
Book Synopsis Congressional Preemption by : Joseph F. Zimmerman
Download or read book Congressional Preemption written by Joseph F. Zimmerman and published by State University of New York Press. This book was released on 2012-02-01 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Congressional Preemption provides an in-depth account of the use of preemption powers by Congress to either partially or completely remove regulatory authority from state and local governments in a wide variety of fields. Author Joseph F. Zimmerman exposes the inadequacies of the two current theories of United States federalism—dual and cooperative—by exploring the impact of Congress' frequent use of its preemption powers since 1965. While the dual and cooperative federalism theories retain a degree of explanatory power, Zimmerman considers why they do not explain the profound systemic changes produced by congressional preemption. Other topics covered include congressional use of conditional grants-in-aid, crossover sanctions, tax credits, tax sanctions, and partial and complete redemption; the theory of political safeguards of federalism; and the Blackmun Thesis, which encourages states to seek relief from preemption statutes in Congress and not the courts. The book concludes with postulates of a broader theory of federalism and recommendations addressed to Congress to reinvigorate the federal system.
Book Synopsis Federal Preemption by : Joseph Francis Zimmerman
Download or read book Federal Preemption written by Joseph Francis Zimmerman and published by Wiley-Blackwell. This book was released on 1991 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :United States. Congress. House. Committee on Government Reform. Subcommittee on National Economic Growth, Natural Resources, and Regulatory Affairs Publisher : ISBN 13 : Total Pages :172 pages Book Rating :4.F/5 ( download)
Book Synopsis H.R. 2245, the Federalism Act of 1999 by : United States. Congress. House. Committee on Government Reform. Subcommittee on National Economic Growth, Natural Resources, and Regulatory Affairs
Download or read book H.R. 2245, the Federalism Act of 1999 written by United States. Congress. House. Committee on Government Reform. Subcommittee on National Economic Growth, Natural Resources, and Regulatory Affairs and published by . This book was released on 1999 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Nothing is Real by : Robert L. Glicksman
Download or read book Nothing is Real written by Robert L. Glicksman and published by . This book was released on 2007 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Whether a federal statute preempts state law has important implications for the allocation of power between the federal and state governments. One aspect of preemption doctrine that has received relatively little scholarly attention is whether the federal government's failure to act is capable of preempting state law and, if so, when. In the regulatory context, Congress must first decide whether as a normative matter it should preempt state law despite its decision not to regulate activities regulated by states. Once Congress has done so, the courts may need to interpret federal legislation to determine whether Congress has decided to preempt state law despite federal inaction. This article addresses both questions. It analyzes whether Congress should preempt state regulation despite the absence of federal regulation. It then recommends how courts should decide whether federal inaction is preemptive. To illustrate the utility of the analytical frameworks suggested here, the article applies them to the question of whether state regulation of activities that contribute to global climate change has been or should be preempted despite the absence of relevant federal regulation. The article makes four recommendations. First, Congress should not preempt state regulation when it has chosen not to regulate unless state regulation would inappropriately impose adverse impacts on other states, or federal policies can best be achieved in the absence of all regulation. Second, absent federal regulation, the courts should never find implied occupation of the field preemption based on policy conflicts. Third, the courts should find such implied preemption only if Congress has explicitly delegated to a federal agency the power to preempt state law to prevent it from subverting federal goals and the agency has clearly and persuasively exercised that authority. Fourth, the courts should never find implied preemption if the federal actor involved lacks jurisdiction over the activities subject to state regulation, and they should not defer to agency statutory interpretations of the preemptive effect of federal law. These recommendations strike an appropriate balance between federal and state power, while minimizing the risk that preemption will create unacceptable health and environment risks.
Book Synopsis Federally Induced Costs Affecting State and Local Governments by : Timothy J. Conlan
Download or read book Federally Induced Costs Affecting State and Local Governments written by Timothy J. Conlan and published by . This book was released on 1994 with total page 74 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Innovative Congressional Minimum Standards Preemption Statutes by : Joseph F. Zimmerman
Download or read book Innovative Congressional Minimum Standards Preemption Statutes written by Joseph F. Zimmerman and published by SUNY Press. This book was released on 2016-02-09 with total page 162 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines a new type of federal preemption statute popular since 1965 that allows states to retain a certain amount of regulatory discretion, with a focus on environmental statutes. Congress possesses broad regulatory powers, including the power of complete or partial preemption of state and local regulatory powers. Congress rarely enacted preemption statutes before the twentieth century, but since the 1960s such interventions have grown significantly in number, now totaling over seven hundred, and have transformed the nature of the American federal system. In Innovative Congressional Minimum Standards Preemption Statutes, Joseph F. Zimmerman provides the background and history of this critical transformation, classifying the forms these federal interventions have taken, with a focus on statutes dealing with such environmental issues as water and air quality, restoration of surface-mined areas, and still other areas that, collectively, have produced a revolution in relations between Congress and the states. Contrary to public perceptions of preemption being one-sided and heavy-handed, Zimmerman details the many variations present in these statutes that accommodate state and local interests, allowing for administrative and policy flexibility, and a generally cooperative relationship between states and localities and federal administrative agencies.
Download or read book Symposium written by and published by . This book was released on 2008 with total page 568 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The New Preemption Reader by : Richard Briffault
Download or read book The New Preemption Reader written by Richard Briffault and published by West Academic Publishing. This book was released on 2019-01-03 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: Receive complimentary lifetime digital access to the eBook with new print purchase. The hottest issue in state and local government today is preemption - the conflict between states and cities over authority in a wide range of sharply-contested areas, including gun control, minimum wages and family leave, anti-discrimination law, environmental protection, and sanctuary policies. This pathbreaking reader comes straight from the front-lines of that conflict. It presents and analyzes in concise form the most important preemption statutes and cases, along with commentary from the leading scholars in the field. Virtually all the material involves disputes that have emerged and decisions handed down in just the last two to three years. Designed for use in courses dealing with states and local governments as a supplement to existing casebooks or on its own, the reader will be a unique and invaluable resource for students, teachers, scholars, and anyone involved in preemption and state-local relations more broadly today.
Download or read book The American City & County written by and published by . This book was released on 1992 with total page 484 pages. Available in PDF, EPUB and Kindle. Book excerpt: