Difference between revisions of "Implied preemption"
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(New page: Implied preemption exists where the scope of the federal law at issue "indicates that Congress intended federal law to occupy the field exclusively"<ref>Freightliner Corp. v. Myric...) |
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| − | Implied preemption exists where the scope of the [[federal]] law at issue "indicates that [[Congress]] intended federal law to occupy the field exclusively"<ref>Freightliner Corp. v. Myrick, 514 U.S. 280, 287 (1995).</ref> or where state or local laws conflict with federal laws. The effect of implied preemption is to require invalidation of the state or local laws. | + | '''Implied preemption''' exists where the scope of the [[federal]] law at issue "indicates that [[Congress]] intended federal law to occupy the field exclusively"<ref>Freightliner Corp. v. Myrick, 514 U.S. 280, 287 (1995).</ref> or where state or local laws conflict with federal laws. The effect of implied preemption is to require invalidation of the state or local laws. |
There are two types of implied preemption: [[field preemption]] and [[conflict preemption]]. | There are two types of implied preemption: [[field preemption]] and [[conflict preemption]]. | ||
Revision as of 03:10, May 3, 2008
Implied preemption exists where the scope of the federal law at issue "indicates that Congress intended federal law to occupy the field exclusively"[1] or where state or local laws conflict with federal laws. The effect of implied preemption is to require invalidation of the state or local laws.
There are two types of implied preemption: field preemption and conflict preemption.
References
- ↑ Freightliner Corp. v. Myrick, 514 U.S. 280, 287 (1995).
