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searching for Federal preemption 49 found (162 total)

Riegel v. Medtronic, Inc. (157 words) [view diff] no match in snippet view article find links to article

Riegel v. Medtronic, Inc., 552 U.S. 312 (2008), is a United States Supreme Court case in which the Court held that the pre-emption clause of the Medical

Sherman Antitrust Act (8,672 words) [view diff] no match in snippet view article find links to article

The Sherman Antitrust Act of 1890 (26 Stat. 209, 15 U.S.C. §§ 1–7) is a United States antitrust law which prescribes the rule of free competition among

Wyeth v. Levine (1,345 words) [view diff] exact match in snippet view article find links to article

meets the labeling requirements of the FDA, does that give rise to federal preemption of state law regarding inadequate labeling? Wyeth presented two arguments

Hines v. Davidowitz (472 words) [view diff] no match in snippet view article find links to article

Hines v. Davidowitz, 312 U.S. 52 (1941), is a case applying the law of conflict preemption. The United States Supreme Court held that a Pennsylvania state

Nixon v. Missouri Municipal League (673 words) [view diff] no match in snippet view article find links to article

Nixon v. Missouri Municipal League, 541 U.S. 125 (2004), is a U.S. Supreme Court case decided on March 24, 2004. The case concerned the Federal Communications

White Mountain Apache Tribe v. Bracker (598 words) [view diff] no match in snippet view article find links to article

White Mountain Apache Tribe v. Bracker, 448 U.S. 136 (1980), was a case in which the Supreme Court of the United States holding that Arizona's taxes that

Credit freeze (1,112 words) [view diff] no match in snippet view article find links to article

A credit freeze (also known as a security freeze) allows an individual to control how a consumer reporting agency (also known as a credit bureau such as

National Conference of State Legislatures (1,747 words) [view diff] exact match in snippet view article find links to article

flexibility and protection from unfunded federal mandates and unwarranted federal preemption. The conference promotes cooperation between state legislatures in

Florida Lime & Avocado Growers, Inc. v. Paul (5,412 words) [view diff] no match in snippet view article find links to article

Wikisource has original text related to this article: Florida Lime & Avocado Growers, Inc. v. Paul Florida Lime & Avocado Growers, Inc. v. Paul, 373 U

Barclays Capital Inc. v. Theflyonthewall.com, Inc. (2,504 words) [view diff] no match in snippet view article find links to article

Barclays Capital Inc. v. Theflyonthewall.com, Inc., 650 F.3d 876 (2d Cir. 2011), was a case decided in the United States Court of Appeals for the Second

Misappropriation doctrine (5,156 words) [view diff] exact match in snippet view article find links to article

of the misappropriation doctrine has been the development of the federal preemption doctrine since the 1960s. This doctrine makes state law ineffective

Criminal sentencing in the United States (2,374 words) [view diff] exact match in snippet view article find links to article

and criminal laws are generally governed by states, unless there is federal preemption. Sentences are typically determined by a judge, in a separate hearing

Law of Puerto Rico (444 words) [view diff] exact match in snippet view article find links to article

order to litigate in English in U.S. federal courts and to litigate federal preemption issues in Puerto Rican courts.[citation needed] Wikisource has original

De Veau v. Braisted (2,659 words) [view diff] case mismatch in snippet view article find links to article

Up Port Crime Controls," New York Times, July 1, 1953. O'Reilly, Federal Preemption of State and Local Law: Legislation, Regulation, and Litigation, 2006

Bowers v. Baystate Technologies, Inc. (1,194 words) [view diff] case mismatch in snippet view article find links to article

the Shrinkwrap License to Circumvent the Copyright Act and Escape Federal Preemption" - Merritt A Gardiner "Restricting Reverse Engineering with shrink-wrap

2005 term United States Supreme Court opinions of John Paul Stevens (103 words) [view diff] exact match in snippet view article find links to article

Smith, Inc. v. Dabit 547 U.S. 71 (2006) Securities regulation • federal preemption Roberts, Scalia, Kennedy, Souter, Thomas, Ginsburg, Breyer Stevens

Edward H. Phillips (891 words) [view diff] case mismatch in snippet view article find links to article

Role of the SCR in Aircraft Design Certification and Implications on Federal Preemption" (Phillips article cited in footnote 10), Journal of Air Law and Commerce

Stephen F. Williams (1,198 words) [view diff] case mismatch in snippet view article find links to article

Reserves, 36 Institute on Oil and Gas Law and Taxation, Chapter 3, 1985 Federal Preemption of State Conservation Laws After the Natural Gas Policy Act: A Preliminary

United States vehicle emission standards (5,700 words) [view diff] case mismatch in snippet view article find links to article

2020. "Trump Administration Announces One National Program Rule on Federal Preemption of State Fuel Economy Standards". United States Environmental Protection

Kenneth Geller (1,048 words) [view diff] exact match in snippet view article find links to article

Practice (5th ed. 2021). He is particularly experienced in the areas of federal preemption of state law and constitutional law. Geller has served on the Advisory

Drew Johnson (1,449 words) [view diff] exact match in snippet view article find links to article

Freedom, a group formed to push back on new net neutrality rules and federal preemption of state laws limiting municipal broadband buildouts. He joined the

Spamming (6,962 words) [view diff] exact match in snippet view article find links to article

CAN-SPAM Act of 2003, as well as the scope of the CAN-SPAM Act's federal preemption clause. In the first successful case of its kind, Nigel Roberts from

Michael R. Taylor (4,698 words) [view diff] exact match in snippet view article find links to article

management, the application of risk assessment to food safety decisions, federal preemption, drug approvals, color additive and medical device regulation, and

Radio scanner (3,281 words) [view diff] case mismatch in snippet view article find links to article

September 2018. FCC (1993-09-03). PR Docket 91-36: In the Matter of Federal Preemption of State and Local Laws Concerning Amateur Operator Use of Transceivers

Bank regulation in the United States (2,859 words) [view diff] exact match in snippet view article find links to article

and their subsidiaries. Specific exceptions to the general rule of federal preemption exist such as some contract law, escheat law, and insurance law. One

Hearing aid (13,815 words) [view diff] exact match in snippet view article find links to article

addressed various requests by state authorities for exemptions from federal preemption, granting some and denying others. The Over-the-Counter Hearing Aid

Private transfer fee (18,480 words) [view diff] exact match in snippet view article find links to article

property rights are typically state rights, there is ample precedent for federal preemption of property rights in general, and rights and obligations imposed

First-person view (radio control) (3,207 words) [view diff] exact match in snippet view article

laws would likely be found invalid if challenged in court due to federal preemption, as the FAA has exclusive regulatory jurisdiction over all aircraft

Tribal-state compact (1,855 words) [view diff] exact match in snippet view article find links to article

precedent of only allowing state regulation of the tribes rarely and with federal preemption only. In denying the states the right to regulate tribal gambling

Minimum energy performance standard (1,590 words) [view diff] exact match in snippet view article find links to article

preempted state standards (unless the state justified a waiver from federal preemption based on conditions in the state), and since then, the U.S. Department

Cheri Honkala (6,706 words) [view diff] exact match in snippet view article find links to article

Voter Bill of Rights; d) the commissioning of a thorough review of federal preemption law; e) the creation of a Corporation for Economic Democracy, f) the

Puerto Rico (32,675 words) [view diff] exact match in snippet view article find links to article

order to litigate in English in U.S. federal courts, and litigate federal preemption issues in Puerto Rican courts.[original research?] Title 48 of the

Jumpstart Our Business Startups Act (4,342 words) [view diff] exact match in snippet view article find links to article

of restrictions on the use of Regulation A, it did not grant full federal preemption. That is, for certain offerings companies still must register the

Northwestern Pacific Railroad (6,012 words) [view diff] case mismatch in snippet view article find links to article

November 2018. Martin, Nicole and Sobelman, Donald (November 20, 2014) "Federal Preemption May Be The Key For Calif. Railroads" Barg Coffin Lewis & Trapp, LLP

Roller milled white enriched flour (1,378 words) [view diff] exact match in snippet view article find links to article

regulations. The National Labeling Education Act of 1990 provided for federal preemption of standards of identity, nullifying any state laws that made enrichment

Tort (21,988 words) [view diff] exact match in snippet view article find links to article

cases have been struck down as violating state constitutions, and federal preemption of state laws. Torts may be categorised in several ways, with a particularly

2016 Massachusetts Question 3 (7,710 words) [view diff] exact match in snippet view article find links to article

benefits to food safety and animal welfare are debatable. He argues for federal preemption of these laws through a legislative process that allows nuanced concerns

A Better Balance (895 words) [view diff] exact match in snippet view article find links to article

workers, as well as gig and app-based workers Combating state and federal preemption of local labor protections. A Better Balance was founded in New York

Radio-controlled aircraft (10,616 words) [view diff] exact match in snippet view article find links to article

laws would likely be found invalid if challenged in court due to federal preemption, as the FAA has exclusive regulatory jurisdiction over all aircraft

Kevin K. Washburn (3,795 words) [view diff] case mismatch in snippet view article find links to article

Indian Affairs. Retrieved January 18, 2015. "HEARTH Act Regulations, Federal Preemption of State & Local Taxes, and the Seminole Case - Roundhouse Talk".

Solar power in the United States (8,846 words) [view diff] case mismatch in snippet view article find links to article

2012. How to Design Feed-in Tariffs in the U.S. without Fear of Federal Preemption "Implications of the US-China Solar Tariff on Project Development

Fiber to the premises in the United States (1,341 words) [view diff] exact match in snippet view article find links to article

by Chattanooga, Tennessee and Wilson, North Carolina asking for "federal preemption of state laws". States opposed this effort to increase competition

Noise regulation (8,859 words) [view diff] exact match in snippet view article find links to article

to commercial use over wider private and public properties. Since federal preemption of drone use will likely occur, it is important for this provision

Keith Noreika (2,877 words) [view diff] exact match in snippet view article find links to article

compliance activities, and litigation matters, particularly in the area of federal preemption. Noreika's experience includes advising regional, multinational, and

Mendocino County GMO Ban (3,212 words) [view diff] exact match in snippet view article find links to article

https://www.law.cornell.edu/uscode/7/136v.html Lasker, E. (2005). Federal preemption and state anti-"GM" food laws, Legal Backgrounder, 20, 60, 2-4, Washington

Net neutrality in the United States (22,615 words) [view diff] exact match in snippet view article find links to article

get priority over spam. Cable companies have lobbied Congress for a federal preemption to ban states and municipalities from competing and thereby interfering

Private Fuel Storage (7,146 words) [view diff] exact match in snippet view article find links to article

ruled in PFS's favor. The state laws were struck down in 2002 over federal preemption, and it was upheld in a 2004 Tenth Circuit appeals court. By 2003

International child abduction in the United States (8,331 words) [view diff] exact match in snippet view article find links to article

the fifty U.S. states and in the territories. However, the scope of federal preemption is limited, because the scope of federal power is itself rather limited

Telegraphy in the United States (3,364 words) [view diff] case mismatch in snippet view article find links to article

2002) pp: 705-732. Honsowetz, Aaron Michael. "1866 Post Roads Act: Federal Preemption and Deregulation of the United States Telegraph Industry" (PhD dissertation