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Author Question: What are the three instances where the preemption doctrine holds that state regulation is precluded ... (Read 27 times)

kodithompson

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on: Aug 3, 2018
What are the three instances where the preemption doctrine holds that state regulation is precluded or invalidated by federal regulation?
 
  What will be an ideal response?

Question 2

Regulations are subordinate to statutes but have equal weight when applied.
 
  a. True
  b. False


vish98

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Reply #1 on: Aug 3, 2018
Answer to Question 1

The three instances where the preemption doctrine holds that state regulation is precluded or invalidated by federal regulation are: 1. When Congress expressly states that it intends to preempt state regulation; 2. When a state law is inconsistent with federal law, even though no express pre-emption statement has been made by Congress; and 3. When Congress has enacted a legislative scheme that comprehensively regulates a field.

Answer to Question 2

a


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kodithompson

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Reply #2 on: Aug 3, 2018
Thank you!


vish98

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Reply #3 on: Aug 3, 2018
Always glad to help...


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