Congressional Preemption

Author : Joseph F. Zimmerman
Publisher : State University of New York Press
ISBN 13 : 0791482731
Total Pages : 304 pages
Book Rating : 4.35/5 ( download)

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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.

Author : James T. O'Reilly
Publisher : American Bar Association
ISBN 13 : 9781590317440
Total Pages : 252 pages
Book Rating : 4.40/5 ( download)

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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.

Author : United States. Congress. House. Committee on the Judiciary
Publisher :
ISBN 13 :
Total Pages : 28 pages
Book Rating : 4.77/5 ( download)

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Download or read book Establishing Rules of Interpretation for Federal Courts Involving the Doctrine of Federal Preemption written by United States. Congress. House. Committee on the Judiciary and published by . This book was released on 1959 with total page 28 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : United States. Advisory Commission on Intergovernmental Relations
Publisher :
ISBN 13 :
Total Pages : 104 pages
Book Rating : 4.21/5 ( download)

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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 : Joseph F. Zimmerman
Publisher : SUNY Press
ISBN 13 : 143846097X
Total Pages : 162 pages
Book Rating : 4.70/5 ( download)

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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.

Author : William W. Buzbee
Publisher : Cambridge University Press
ISBN 13 : 1139474812
Total Pages : 337 pages
Book Rating : 4.18/5 ( download)

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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.

Author : United States. Advisory Commission on Intergovernmental Relations
Publisher :
ISBN 13 :
Total Pages : 100 pages
Book Rating : 4.99/5 ( download)

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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:

Author : United States. Congress. Senate. Committee on the Judiciary
Publisher :
ISBN 13 :
Total Pages : 204 pages
Book Rating : 4.04/5 ( download)

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Download or read book Regulatory Preemption written by United States. Congress. Senate. Committee on the Judiciary and published by . This book was released on 2008 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Thomas O. McGarity
Publisher : Yale University Press
ISBN 13 : 0300152205
Total Pages : 367 pages
Book Rating : 4.03/5 ( download)

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Download or read book The Preemption War written by Thomas O. McGarity and published by Yale University Press. This book was released on 2008-12-02 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: Most people are unaware of a quiet war that has been raging in the courts, federal regulatory agencies, and Congress, a war over federal agency preemption of state common law claims. This text offers scholars and policymakers a full analysis of the legal and policy issues under debate.

Author : Joseph Francis Zimmerman
Publisher : Wiley-Blackwell
ISBN 13 :
Total Pages : 248 pages
Book Rating : 4.72/5 ( download)

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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: