« previous next »

Author Question: What are the three instances where the preemption doctrine holds that state regulation is precluded ... (Read 78 times)

kodithompson

  • Hero Member
  • *****
  • Posts: 566
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

  • Sr. Member
  • ****
  • Posts: 326
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


Related Topics

Need homework help now?

Ask unlimited questions for free

Ask a Question

kodithompson

  • Hero Member
  • *****
  • Posts: 566
Reply #2 on: Aug 3, 2018
Thank you!


vish98

  • Sr. Member
  • ****
  • Posts: 326
Reply #3 on: Aug 3, 2018
Always glad to help...


« previous next »
 

Did you know?

Coca-Cola originally used coca leaves and caffeine from the African kola nut. It was advertised as a therapeutic agent and "pickerupper." Eventually, its formulation was changed, and the coca leaves were removed because of the effects of regulation on cocaine-related products.

Did you know?

Automated pill dispensing systems have alarms to alert patients when the correct dosing time has arrived. Most systems work with many varieties of medications, so patients who are taking a variety of drugs can still be in control of their dose regimen.

Did you know?

GI conditions that will keep you out of the U.S. armed services include ulcers, varices, fistulas, esophagitis, gastritis, congenital abnormalities, inflammatory bowel disease, enteritis, colitis, proctitis, duodenal diverticula, malabsorption syndromes, hepatitis, cirrhosis, cysts, abscesses, pancreatitis, polyps, certain hemorrhoids, splenomegaly, hernias, recent abdominal surgery, GI bypass or stomach stapling, and artificial GI openings.

Did you know?

Allergies play a major part in the health of children. The most prevalent childhood allergies are milk, egg, soy, wheat, peanuts, tree nuts, and seafood.

Did you know?

Barbituric acid, the base material of barbiturates, was first synthesized in 1863 by Adolph von Bayer. His company later went on to synthesize aspirin for the first time, and Bayer aspirin is still a popular brand today.

For ice massage, ice is frozen in a cylindrical container or a paper cup (A). The top half of the cu For ice massage, ice is frozen in a cylindrical container or a paper cup (A). The top half of the cu
Regulation of cortisol release. Regulation of cortisol release.
Establishing a steady-state resting membrane potential. Establishing a steady-state resting membrane potential.
Plasma protein binding and drug availability: (a) The drug exists in a free state or is bound to ... Plasma protein binding and drug availability: (a) The drug exists in a free state or is bound to ...
Percentage of Americans Living in Communities with a Fluoridated Water Supply, by State. 2012 Percentage of Americans Living in Communities with a Fluoridated Water Supply, by State. 2012
Mechanisms of Transcription Regulation in Bacteria Mechanisms of Transcription Regulation in Bacteria
Video: Parkinson's Disease

For a complete list of videos, visit our video library